XAVIER UNIVERSITY

BHUBANESWAR
Xavier Law School
B.A, L.L.B & B.B.A LLB (Hons)
Batch 2019-24 / Semester-2, (End Term) COURSE- LAW of Torts & Consumer
Protection
DURATION: 03
Hours FULL MARK:
40

ANY SPECIFIC INSTRUCTION TO THE STUDENTS:

i. No clarification can be sought on the question paper. In case of any ambiguity in the
question paper students are expected to rely on the question paper as it is and
respond to it.
ii. Please take care to write legibly and neatly, so as to facilitate proper evaluation.
iii. Answer all the Questions.

Qu. No. Questions Marks

Q.1 " A Contract with its legal validations to a consideration stands alone to be the 10
prima facie object for maintaining a suit of negligence against a party alleged for
the acts of tortious liability of negligence "

Critically examine the foregoing statement in the light of the founding principles
as decreed by Lord Atkin & his other campanion Lordships;as is being followed in
the Indian civil courts?

Two partners manage to open a food joint on a vacant plot at a residential area.

As they were quite selective with the quality and type of spices & products used,
Q.2 they also used coking coal and wood for the preparation of the food which is 10
commonly believed to make the items cooked preferably more palatable. As the
demand for the food grew with people frequently seen waiting for their turn in
having their food, the partners extended the periphery by occupying the front
adjacent pavement to the food joint which was built up by the municipality for
the pedestrians and cyclists. Later on it was contented by the people living next
to & in the nearby vicinity about the amount of smoke released during the
cooking hours. It was also complained that people visiting the food joint from
other areas of the town obstructed the roads with the parkings & many a times
certain visitors after having unauthorised liquour at the food joint would breach
the peaceful tranquil atmosphere of the vicinity by their high voices & dramatical
behaviour which often resulted into an affray. As the food was served through

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 the traditional plates made out of dried leaves, the workers of the food joint
would dump it in the garbage box which at most of the occasions was beyond
the containing capacity to hold it. As a result the disposed plates driven by the
winds got scattered here & there on the road and even within the premises of
private entities. To add, nevertheless the stray animals could mostly be seen
causing obstruction & annoyance to the safety & free passage of the residential
dwellers and other people in general.

The people of the locality approached the proprietors of the food joint with their
agony and request for a solution;which resulted into a nothing. Later the
dwellers of the locality went to the police station with a written complaint but
the police was reluctant to lodge an F.I.R prior to an investigation. Subsequently
post investigation the police vehemently refuted to the allegations. Presuming
the food joint proprietors to be exerting polical pressure upon the police, the
dwellers decided to institute a civil suit for getting relief.

As you are a law student residing in that vicinity, please mention the tortious
liabilities with its essentials to which you consider an injury is done to the
physical & mental comfort of the dwellers with suitable case laws?

(1) " The reputation of an individual can never be held as an antecedent to

defamation as it fathoms the constitutional attitude as enshrined under
the narrative of Art 21 & Art 19 (a) collectively." Comment on the
statement?

(2) At the event of a social gathering the host during the course of the
program invited the guests to voluntarily disay any acts of hobby or
likeness before others. During the acts a person named Brad an amateur
poet got up at availing an opportunity in narrating & displaying the lyrics
to his poem and certain documents.

To the contrary, George & other fellow guests developed a strong belief that the
lyrical narratives as well as the documents displayed were in strong reference to
George which was a doggerel to the prejudice of George in the eye of everyone
in the event or community & which tended to lower George in the eyes of the
substantial & respectable group.

After the event George and some of his friends alleged that the reputation of
George has been defamed & Brad would pay the consequences of this
demeanour.

To this Brad replied saying that he was a patriot and could never withstand
Q.3 corruption, as George has been officially alleged for embezzlement of money. 10
Looking into the prima facie convictions a departmental enquiry was held against
George and a chargesheet has also been prepared by the anti corruption bereau.
So in this regard Brad considered himself relentless in narrating the poem &
displaying the departmental enquiry report along with the chargesheet as
framed by the anti corruption bereau. Later on George files a defamation suit

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 against Brad.

Explain briefly about what you understand to be the purporting legal outcome to
the defamation suit filed by George against Brad?

Write Short Notes on any two of the following:-

● Dispute resolution & redressal mechanisms under the Consumer

Protection Act in India?
● Mention briefly the ways in spreading consumer awareness, consumer
education & product information for consumers in India?
● Explain with illustrations (I) Caveat Emptor & (ii) Caveat Venditor?

● Briefly explain False Imprisonment with suitable illustrations?

Q.4 5x2=10

Name of the Faculty. – Prof. Samaresh Mishra.

E- Mail :- samaresh@xub.edu.in