Law of Torts Test-2

PRINCIPLE: Whenever there is an invasion of a legal right, the person in whom the right is vested, is entitled to bring an action though he has suffered no actual loss or harm and may recover damages (compensation).

FACTS: ‘A ’was a qualified voter for the Lok Sabha election. However, a returning officer wrongfully refused to take A ’s vote. In spite of such wrongful refusal, the candidate, for whom ‘A ’wanted to vote, won the election. But, ‘A ’brought an action for damages.

Q. Which of the following derivations is CORRECT?

PRINCIPLE: In a civil action for defamation, the truth of the defamatory matter is an absolute defense. However, the burden of proving the truth is on the defendant; and he is liable if he does not successfully discharge this burden.

FACTS: D, who was the editor of a local weekly, published a series of articles mentioning that P, who was a government servant, issued false certificates, accepted bribe, adopted corrupt and illegal means to mint money, and was a “mischief monger ”. P brought a civil action against D, who could not prove the facts published by him.

Q. Under the circumstances, which of the following derivations is CORRECT?

PRINCIPLE: Trespass to land means direct interference with the possession of land without lawful justification. Trespass could be committed either by a person himself entering the land of another person or doing the same through some tangible object(s).

FACTS: A throws some stones upon his neighbor ’s (B ’s) premises.

Q. Which of the following derivations is CORRECT?

PRINCIPLE: Interference with another ’s goods in such a way as to deny the latter ’s title to the goods amounts to conversion, and thus it is a civil wrong. It is an act intentionally done inconsistent with the owner ’s right, though the doer may not know of, or intends to challenge the property or possession of the true owner.

FACTS: R went to a cycle-stand to park his bicycle. Seeing the stand fully occupied, he removed a few bicycles in order to rearrange a portion of the stand and make some space for his bicycle. He parked his bicycle properly, and put back all the bicycles except the one belonging to S. In fact, R was in a hurry, and therefore, he could not put back S ’s bicycle. Somebody came on the way and took away S ’s bicycle. The watchman of the stand did not take care of it assuming that the bicycle was not parked inside the stand. S filed a suit against R for conversion.

Q. Which of the following derivations is CORRECT?

PRINCIPLE: Whosoever by his act or omission causes environmental pollution shall be held liable for any loss caused by such pollution. It shall be no defence in such cases that all due diligence or reasonable care was taken while carrying out the act or omission in question.

FACTS: Hari is carrying on a chemical and fertilizer industry near a bank of a river. In order to prevent and control any kind of harm to the environment, suitable waste treatment and disposal plants were installed in the factory. Due to some sudden mechanical/ technical problem, these plants ceased to work properly and therefore, caused environmental pollution, which ultimately caused substantial harm to the environment and to the people living around the factory. Victims of such pollution file a suit for suitable remedy.

PRINCIPLE:  Violation of a legal right, with or without actual damage, gives rise to a tort.

FACTS:  Ravi and Lakshman are not the best of friends. They have strained relations and they constantly compete against one another for better business prospects. Ravi sets up a grocery store where he sells food grains for Rs. 20 per kilogram, a rate that is substantially lower than other stores in the same area. The store is a huge success, and Ravi gains huge profits, as everybody prefers to buy the grains from his store. Soon after, Lakshman sets up another store next to Ravi ‘s and puts up a board that says, Rice –Rs.15 per kilo &Wheat –Rs. 12 per kilo ‘. Attracted by the new offer, all of Ravi ‘s customers now prefer to buy grains from Lakshman ‘s store. Ravi, hence, incurs heavy losses and is forced to close down his store. He believes that Lakshman has set up the shop in order to make his business fail, and decides to sue Lakshman for damages.

Q. Will Ravi succeed?

PRINCIPLE:  Tortuous liability may arise even though there is no contract between two parties if one of them has been unjustly enriched at the cost of the other.

FACTS:  Rohit hears a knock at the door, and sees that someone has come to deliver a bag of grocery supplies. Rohit had not ordered for them, but he silently accepts the supplies without disclosing that he had not ordered them. His neighbor, David, who had actually ordered the supplies and paid for them, is perplexed that they have not been delivered yet.

PRINCIPLE:  Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortious liability.

FACTS:  Arpita was travelling to Ladakh for a business visit, while she was stopped by some police officers at a check post on the highway. They detained her on the pretext of her possessing illegal substances on her person, and restricted her from contacting anybody who might help her in the predicament. As a result of being detained, she was unable to fulfil the purpose of her visit, and the business deal was lost, causing losses to her company. When she was finally released, she wished to sue the police authorities for infringement on her fundamental rights to movement, speech and expression.

Q. Will she succeed in these claims?

Principle - Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortuous liability.

Facts –Mr. Akhil lives in a locality that lies just off the main road, which supports heavy traffic and is one of the most important roads in his city. The street on which his house is located is, however, quiet and peaceful, and Akhil is pleased to live there. One day, some road repair works are undertaken on the main road, and as a result, the municipal authorities decide to divert the traffic through the street on which Akhil resides. Akhil is greatly disturbed and annoyed by the constant sound of the vehicles, honking, and traffic jams along the narrow street. He wishes to sue the municipal authorities for the nuisance caused by this diversion of traffic.

Q. Will he succeed?

Principle - Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortious liability.

​Facts –Ayush has a shop that offers printing, Xerox, and book binding services. In the shop, he also sells notebooks, stationery, printing inks, paper and other such items. He has a big board outside his shop displaying all the things he deals in, and this board is instrumental in attracting customers, who would otherwise be unaware that he sold such things. His shop is situated in a narrow street with several other stores. Rajesh owns a book store next to him, and he installs a display shelf with all the titles he sells, outside his shop in order to woo customers. This shelf obscures the view to Ayush ‘s board, and there is a decrease in the number of customers who buy from him. Ayush decides to sue Rajesh and claim damages.