Tort in law (3)

Introduction to tort law
Tort is a word of French origin, derived from the Latin term Tortus which means twisted or
crooked.
Tort means breach of duty leading to damage.
Tort means a civil wrong which is not exclusively a breach of contract or breach of trust.
Tort law is a branch of law that deals with situations where a person suffers harm due to another
person's actions or negligence. The goal is to provide compensation to the harmed person and to
deter others from committing similar actions.
Firstly tort is a civil wrong. Secondly every civil wrong is not tort.
According to salmond: A tort is a civil wrong for which the remedy in common law is an action
for unliquidated damage and which is not exclusively the breach of contract or the breach of other
merely equitable obligation.
A tort is a wrongful act that causes harm to someone else and leads to legal responsibility. The
person who commits the tort is called the tortfeasor.
There are three main types of torts:
1. Intentional Torts: These occur when someone intentionally causes harm to another, such
as assault or defamation.
2. Negligence: This happens when someone fails to exercise reasonable care, resulting in
harm to another person, like in a car accident caused by careless driving.
3. Strict Liability: In these cases, a person is held liable for harm caused by their activities,
regardless of intent or negligence, typically in situations involving inherently dangerous activities,
like handling hazardous chemicals.
The primary purpose of tort law is to provide fair compensation to those who have suffered harm
and to prevent similar incidents in the future.
Infractions of law are divided into two great classes:
1. Public Injuries.
2. Private Injuries.
Introduction to Tort law
Tort law is a part of the legal system that allows people to seek compensation if they are harmed
by someone else's actions or carelessness. It covers situations like accidents, injuries, and other
types of harm. The main goal is to make sure the injured person is compensated and to encourage
people to act responsibly.
Nature of tort law
Tort law is a part of the legal system that deals with situations where one person's actions cause
harm to another. If someone does something wrong that hurts someone else, the injured person
can get money as compensation. The person who caused the harm is responsible for paying for it.
In these cases, it's enough to show that it's more likely than not that the harm was caused by that
person. For example, if someone hits another person and injures them, the injured person can
receive money from the person who caused the injury.
It is a civil liability, it is the philosophy of civil law with the remedy of unliquidated damage
Essentials of tort are:
1. Breach of Duty.
2. Negligence.
3. Action of work.
Right In tort law, a "right" is a legal permission that a person has. If someone gets hurt or their
property is damaged because of someone else's actions, they can use their rights under tort law to
get help or compensation.
Example: If someone enters another person's property without permission, the property owner
has the right to ask for money or help because their property rights were violated.
Duty "duty" under tort law means that everyone has a responsibility to act carefully and avoid
hurting others. For example, drivers must drive safely, and shop owners must keep their stores
safe for customers. If someone doesn't do this and someone else gets hurt, they might have to pay
for the harm caused.
These types cover most situations where someone might be legally responsible for causing
harm to others under tort law.
1. Trespasses: Tort law deals with cases where someone goes onto someone else's property
without permission or hurts someone physically.
2. Action on the Case: This part of tort law covers various wrongdoings that don't fit into
specific categories, like when someone is careless and causes harm or loss to another person.
3. Damage: Tort law addresses situations where someone gets hurt or their property is
damaged, and they seek money to make up for the harm they've suffered.
In simple terms, tort law helps protect people from harm caused by others and ensures they can
seek fairness and compensation when they've been hurt or had their rights violated.
the parties who can not be sued: Khata
the parties who can not sue

1. Alien Enemy:
○ Explanation: Someone from a country at war with yours generally can't sue you in your
country's courts.
2. Insolvent:
○ Explanation: If someone can't pay their debts or is bankrupt, they usually can't start a
lawsuit unless a trustee or someone else manages their affairs.
3. Convicted Person:
○ Explanation: People convicted of crimes may not be able to sue until their legal situation
is resolved, but this disability has been now removed by the act of 1948, A convict person may of
course sue for any personal wrong done to him, such as assault or slander.
These rules make sure legal actions are fair and consider people's circumstances and legal status.
Damnum Sine Injuria: Damnum sine injuria means "damage without legal injury."
Explanation: It describes a situation where someone suffers loss or harm, but there's no violation
of their legal rights.
Example: If a new store opens and attracts customers away from existing businesses by offering
lower prices, it causes financial harm. However, because no legal rights were broken (like stealing
customers or breaking contracts), it's considered damnum sine injuria.
Case:
### "Damnum Sine Injuria"

This term means "damage without legal injury." It refers to situations where someone suffers
harm, but no legal right is violated, so they cannot get compensation.
### Key Cases:
1. **Gloucester Grammar School Case (1410)**

- **Facts**: A new school opened nearby, causing the old school to lose students and money.
- **Decision**: The court said no compensation because the new school didn't break any law.
2. **Mayor of Bradford v. Pickles (1895)**

- **Facts**: Pickles diverted water on his land, reducing water supply to the city’s reservoir.
- **Decision**: The court ruled no compensation because Pickles had the right to use his land
how he wanted.
3. **Mogul Steamship Co. Ltd. v. McGregor, Gow & Co. (1889)**

- **Facts**: Several shipping companies lowered prices to drive a rival out of business.
- **Decision**: The court said no compensation because they were competing fairly in
business.
4. **Chasemore v. Richards (1859)**

- **Facts**: Richards dug a well that dried up Chasemore's mill water supply.
- **Decision**: The court ruled no compensation because Richards had the right to use the
water on his land.
These cases show that even if someone is harmed or loses money, they can't always get
compensation if no legal rights are violated.
Donoghue Vs Stevenson is a famous legal case from 1932 that set an important rule in
negligence law. Here’s a simplified summary:
Case Summary:
● Facts: May Donoghue drank ginger beer bought by her friend. She found a dead snail in
the bottle and got sick. She sued the manufacturer, David Stevenson.
● Legal Issue: Did Stevenson have a responsibility to make sure the ginger beer was safe,
even though Donoghue didn’t buy it directly from him?
● Decision: The court decided that Stevenson did have a duty to ensure the product was safe
for consumers.
Key Principle:
● Neighbour Principle: The court introduced the idea that you must take care not to harm
others who might be affected by your actions.
Impact:
● This case established that people have a responsibility to avoid causing harm to others,
even if they don’t have a direct relationship with them
Injuria Sine Damno is a Latin term used in tort law. Here's a simple explanation:
● Meaning: "Injury without damage."
● Explanation: It refers to situations where there is a legal injury or harm done to someone's
rights or interests, even if there is no actual financial loss or physical damage.
● Example: If someone spreads false and damaging rumors about another person, causing
harm to their reputation, it is considered injuria sine damno because there may not be direct
financial losses, but there is a recognized legal injury.
In essence, injuria sine damno focuses on the violation of legal rights or interests without
necessarily involving measurable financial or physical harm.
Case: Case Name: Ashby v. White (1703)
● Parties: Mr. Ashby (plaintiff) vs. Mr. White (defendant)

● Facts: Mr. Ashby was not allowed to vote by Mr. White.
● Issue: Whether Mr. Ashby's right to vote was violated.
● Decision: The court decided in favor of Mr. Ashby, saying his legal right to vote was
violated.
Key Principle:
● Economic Competition: The case established that competing in business is allowed, even
if it causes financial harm to others. As long as the competition is lawful, it's not a reason for a
lawsuit.
Impact:
● This case set the rule that fair competition is legal, even if it hurts a competitor financially.
Trespass to a person means intentionally bothering or hurting someone without their permission.
It includes three main actions:
1. Assault: Making someone afraid they are going to be hurt, even if you don't actually touch
them. For example, raising a fist as if to punch them.
2. Battery: Physically touching or hurting someone without their permission. For example,
hitting or pushing someone.
3. Mayhem: Causing very serious injury to someone, like making them lose a body part or
become permanently scarred.
Ubi Jus Ibi Remedium means "Where there is a right, there is a remedy." In other words no
wrong can remain without remedy. Jus signifies the legal authority to do or to demand something.
Remedium is the right of action or afforded by law to assert the right or to recover something
under it. It encapsulates the principle that when a legal right is violated, the law provides a
corresponding remedy to the aggrieved party.
Explanation: This means if someone has a legal right and it is violated, the law provides a way to
fix it or get compensation.
Example: If someone damages your property, the law gives you the right to seek compensation
for that damage.
Case: Ashby v White (1703) is a landmark case in English common law that dealt with the right
to vote and established important principles about civil rights and the protection of legal rights
through the courts.
Case Summary:
● Facts: Mr. Ashby, a voter, was prevented from voting in a parliamentary election by Mr.
White, a returning officer. Ashby sued White for damages, claiming that his right to vote had been
infringed.
● Legal Issue: Can an individual seek legal remedy if their legal right (in this case, the right
to vote) is violated?
Key Principle:
● Protection of Rights: The case established that if your legal rights are violated, you can go
to court to seek a remedy.
Impact:
● This case is important because it confirmed that individual rights must be protected and
that there should be legal remedies when rights are violated.
Feasance means doing.

Malfeasance: Wrongful act or unlawful act.
Misfeasance: Improper conduct or Negligence.
Nonfeasance: Omission of Act.
Defamation:
Meaning: Defamation is when someone makes a false statement about another person that harms
their reputation.
Explanation: There are two types of defamation:
Libel: Written or published false statements.
Slander: Spoken false statements.
Example:If someone writes a false article claiming a person committed a crime, and it damages
that person's reputation, it is considered libel (a type of defamation).
Case Reference:
Name: Dr. Zafrullah Chowdhury v. Anisul Haque Court: High Court Division, Supreme Court
of Bangladesh Year: 2018
Details: Dr. Zafrullah Chowdhury, a well-known health activist, sued Anisul Haque, a
politician and lawyer, for saying damaging things about him on TV.
Outcome: The court decided in favor of Dr. Zafrullah, saying Anisul Haque's statements were
false and harmed Dr. Zafrullah's reputation.
Importance: This case shows how defamation laws in Bangladesh protect people from false
statements that can damage their reputation.
Negligence in Tort Law:

Meaning: Failing to take reasonable care to avoid causing harm to someone.
Explanation: If a person doesn't act with the care that a reasonable person would in the same
situation, and someone gets hurt because of it, that's negligence.
Example: If a driver runs a red light and hits another car, they didn't act with reasonable care, so
they are negligent.
Case: Donoghue v. Stevenson (1932)
● Facts: Mrs. Donoghue drank ginger beer from a bottle and found a decomposed snail
inside. She got sick and sued the manufacturer, Stevenson.
● Legal Issue: Whether Stevenson had a duty to ensure the safety of their products for
consumers like Mrs. Donoghue.
● Decision: The court ruled that manufacturers owe a duty of care to consumers. This case
established the principle of negligence where everyone must take reasonable care to
avoid harming others. It's a key case in negligence law.
Medical Negligence: Medical negligence happens when a healthcare provider (like a doctor or
nurse) fails to provide the expected standard of care, causing harm to a patient.
Explanation: If a healthcare provider makes a mistake or does not do something they should
have, and this results in injury or harm to the patient, it is considered medical negligence.
Example: If a doctor misdiagnoses an illness because they did not do the proper tests, and the
patient’s condition worsens because of this mistake, it can be seen as medical negligence.
Medical negligence happens when a doctor or nurse makes a mistake that harms a patient.
Common causes include:
1. Wrong Diagnosis: The doctor doesn't figure out what's wrong or takes too long to do so.
2. Surgery Mistakes: Errors made during surgery, like operating on the wrong part or leaving
tools inside the body.
3. Medication Errors: Giving the wrong medicine, wrong dose, or not checking for bad
reactions.
4. Birth Injuries: Mistakes during childbirth that hurt the baby or mother, like not doing a
C-section when needed.
5. Anesthesia Mistakes: Errors with anesthesia, such as giving too much, too little, or not
monitoring the patient.
6. No Informed Consent: Not telling the patient about the risks of a treatment and not getting
their permission.
7. Bad Aftercare: Not providing proper care or instructions after a procedure, causing
problems.
8. Poor Hygiene: Not keeping things clean, leading to infections.
Contributory Negligence: Contributory negligence is when the person who gets hurt shares some
of the blame for their own injury because they didn't take reasonable care to avoid it.
Explanation: In tort law, if someone's own actions or lack of caution contribute to their injury,
their compensation might be reduced based on how much they are at fault.
Example: A pedestrian crosses the road without looking, and a speeding car hits them. Both the
pedestrian and the driver might share responsibility for the accident due to their actions, affecting
how much compensation the pedestrian can claim.
Doctrine of Liability Apportionment: The doctrine of liability apportionment determines how

responsibility and compensation should be divided among multiple parties involved in causing
harm or loss.
Explanation: In tort law, when more than one person or entity contributes to an injury or damage,
this doctrine helps courts decide how much each party should pay based on their degree of fault or
responsibility.
Example: In a car accident where both drivers are partially at fault, the court might assign 70% of
the responsibility to one driver and 30% to the other, affecting how much compensation each
driver has to pay or receive.
Doctrine of Alternative Danger: The Doctrine of Alternative Danger holds that if a defendant's
actions contribute to a potential harm among several possible causes, they can be held responsible,
even if their action alone wouldn't have caused harm.
Explanation: It applies when the defendant's action creates a risk or danger, and it is shown that
this action contributed to the harm suffered by the plaintiff, even if other dangers or causes were
also present.
Example: If a factory releases toxic chemicals into a river, and nearby residents become ill, the
factory may be held liable under the doctrine of alternative danger. Even if other sources of
pollution exist, the factory's discharge contributed to the harm suffered by the residents.
Doctrine of Composite Negligence: The doctrine of composite negligence states that if multiple
parties contribute to causing harm through their negligence, they can each be held responsible for
their share of the fault.
Explanation: In tort law, this doctrine applies when more than one person's negligence combines
to cause an injury or damage. Each negligent party may be liable for the portion of harm they
caused, based on their degree of fault.
Example: In a car accident, if both drivers were speeding and one ran a red light while the other
failed to yield, a court might find both drivers partially at fault for the collision under the doctrine
of composite negligence. Each driver could be responsible for paying damages proportional to
their role in causing the accident.
Nuisance: Nuisance refers to the unreasonable interference with someone's use or enjoyment of
their property.
Explanation:
Private Nuisance:Affects individuals or specific properties, such as loud noises, odors, or
pollution from a neighboring property.
Public Nuisance:Affects the general public or a community, like obstructing a public road or
causing environmental pollution that harms many people.
Example:
Private Nuisance: Loud music from a neighbor's party disturbing your peace.
Public Nuisance: Pollution from a factory affecting the health of nearby residents.
Case: Case Reference:
Sturges v. Bridgman (1879)
● What Happened: Bridgman had a noisy confectionery near Sturges' new consulting
room.
● Decision: The court decided that Bridgman's noisy business was disturbing Sturges'
work. This case shows how courts handle disputes when one person's activities bother
another.
In this case, the court recognized that the noise from Bridgman's business was a nuisance to
Sturges' quiet workspace.
Tort vs civil wrong

Tort
A tort is a specific type of civil wrong. It's when someone does something wrong that harms
another person, and the harmed person can sue for damages.
#### Examples of Torts:

1. **Negligence**: Not being careful enough and causing an accident, like a car crash.
2. **Intentional Harm**: Deliberately hurting someone, like hitting someone (assault).
3. **Strict Liability**: Being responsible for harm even if you didn't do anything wrong, like if
your pet tiger escapes and bites someone.
### Civil Wrong

A civil wrong is any wrongful act that is not a crime but allows the injured person to sue for
damages. It includes torts but also other wrongs.
#### Examples of Civil Wrongs:

1. **Torts**: The examples given above.
2. **Breach of Contract**: Not keeping a promise in a contract, like a builder not finishing a
house.
3. **Property Issues**: Wrong actions related to property, like someone trespassing on your land.
### Key Differences:

- **Scope**: Torts are a type of civil wrong. So, all torts are civil wrongs, but not all civil wrongs
are torts.
- **Examples**: Civil wrongs include torts, breaches of contract, and property issues.
- **Legal Remedies**: Both allow the harmed person to sue for damages in court.
In short, a tort is a specific kind of civil wrong where someone gets hurt and can sue. Civil wrongs
include torts and other issues like breaking contracts.
Vicarious liability means holding someone responsible for someone else's actions. It's common
between employers and employees.
2019
1. (a) Do you think that the law of torts is an integral part of the legal structure of
Bangladesh? Explain it with reference to statutory laws and case laws of Bangladesh.
Yes, the law of torts is an important part of Bangladesh's legal system, supported by specific laws
and court decisions:
Statutory Laws:
1.Tort-specific Laws: Bangladesh has laws that directly cover certain torts:
For example, the Fatal Accidents Act compensates families for wrongful deaths.
The Motor Vehicles Ordinance deals with accidents involving vehicles.
The Consumer Rights Protection Act protects consumers from harmful products or
services.
2.Civil and Criminal Codes: These codes include rules on torts like assault, trespass,
defamation, and negligence. They also outline how courts handle these cases.
3.Court Decisions: Bangladeshi courts, including the Supreme Court, use past decisions to
decide current cases.
4.Applying Tort Principles: Courts use principles like negligence (for personal or property
harm), nuisance (for noise or pollution issues), strict liability (for dangerous activities or faulty
products), and vicarious liability (holding employers responsible for employees' actions).
Integration:
● Clear Rules: Statutory laws give clear rules for specific torts.
● Court Guidance: Court decisions develop these rules and adapt them to local needs.
● Justice Access: Together, these laws and decisions help people get justice for civil wrongs
and injuries caused by others' actions.
Conclusion:
Tort law in Bangladesh uses both specific laws and court decisions to handle civil wrongs and
ensure fairness in legal matters. It's a crucial part of how the country's legal system protects
people's rights and settles disputes.
Or
Yes, the law of torts is an important part of Bangladesh's legal system. It helps ensure justice and
protect people's rights. Here's a detailed explanation using simple words, including references to
specific laws and court cases in Bangladesh:
Statutory Laws (Laws Made by the Government)
1. Penal Code, 1860: Although this law mainly deals with crimes, some parts overlap with
tort law. For example, it includes rules about defamation (Sections 499-502), where a person can
sue another for harming their reputation.
2. Civil Procedure Code, 1908: This law explains how to file civil cases, including tort
cases, in court. It gives detailed steps on how these cases should be started, handled, and decided
in Bangladeshi courts.
3. Specific Relief Act, 1877: This law provides specific types of legal help, like injunctions
(orders to do or not do something) and compensation (money for damages), which are often
sought in tort cases.
Case Laws (Decisions Made by Courts)
1. Kudrat-E-Elahi Panir vs. Bangladesh: In this case, the court emphasized the need for
compensatory justice, meaning people should get compensation when wronged by public
authorities. This reinforces the principles of tort law in government actions.
2. Bangladesh Beverage Industries Ltd. vs. Rowshan Akhter: Here, the court supported a
claim for damages due to negligence, highlighting the importance of being careful and providing
compensation when someone is harmed because of carelessness.
3. Bangladesh vs. Md. Iqbal Hasan Mahmud Tuku: This case dealt with defamation,
showing how tort law protects a person's reputation and awards damages when someone's
reputation is unfairly harmed.
Importance of Tort Law in Bangladesh
1. Protection of Rights: Tort law helps people seek compensation when they are harmed by
someone else's actions, protecting their rights.
2. Deterrence: By holding people and companies accountable for their actions, tort law
discourages careless or harmful behavior, making society safer.
3. Justice and Fairness: Tort law ensures that people who suffer harm due to others' actions
receive fair compensation, promoting justice and fairness.
4. Complementary to Other Laws: Tort law works alongside criminal and administrative
laws by providing civil remedies for wrongs that might not be criminal but still need to be
addressed.
Conclusion: In conclusion, the law of torts is a crucial part of the legal system in Bangladesh. It is
supported by various laws and court decisions, ensuring that people have ways to seek
compensation and justice when they are wronged. This helps protect individual rights, promotes
safety, and ensures fairness in society.
1.(b) "Subordinate Courts of Bangladesh do not feel empowered to determine a tortious

claim unless the tortious claim is purely statutory." Explain the statement.
The statement suggests that lower courts in Bangladesh might not feel confident handling cases
where someone claims damages for harm caused by wrongful actions (tort), unless those claims
are clearly defined by specific laws.
Explanation:
● Lower Courts: These are courts at the district and magistrate levels in Bangladesh.
● Tort Claims: Cases where someone seeks compensation for harm caused by another's
wrongdoing.
● Statutory Basis: If the law specifically mentions how to handle a particular type of harm or
wrongdoing.
Simplified Explanation:
Lower courts in Bangladesh prefer to handle cases based on clear laws. If there isn't a specific law
covering a type of harm (like some types of accidents or injuries), these courts may feel unsure
about making decisions. They might look to higher courts or past decisions for guidance on how
to decide cases where the law isn't clear.
Conclusion:
The statement shows how lower courts in Bangladesh approach deciding cases involving harm or
wrongdoing. They rely on clear laws to make fair decisions, especially when the law isn't
straightforward about what to do in a particular situation.
Understanding the Statement

The statement "Subordinate Courts of Bangladesh do not feel empowered to determine a tortious
claim unless the tortious claim is purely statutory" means that the lower courts in Bangladesh
often hesitate to handle tort cases unless there is a specific law that clearly defines how to deal
with those cases. Here’s a more detailed explanation using simple words:
What are Subordinate Courts?
1. Subordinate Courts: These are the lower-level courts in Bangladesh, such as District
Courts or Magistrate Courts. They handle a wide range of cases, from minor disputes to serious
criminal matters.
What are Tortious Claims?
1. Tortious Claims: These are legal claims made by people who have been harmed by
someone else's wrongful actions. For example, if someone is injured because another person was
careless, they can file a tort claim to get compensation for their injuries.
Explanation of the Statement
1. Hesitation in Handling Tort Cases: Lower courts in Bangladesh might feel unsure or
hesitant about dealing with tort cases. This is because tort law can be complex and is often based
on common law (decisions made by judges in previous cases) rather than specific written laws.
2. Purely Statutory Claims: A statutory claim is one that is clearly defined by written laws
passed by the government. When a tort claim is specifically described in a statute, it gives the
courts clear instructions on how to handle it.
Why Do Subordinate Courts Hesitate?
1. Lack of Clear Statutory Guidance: Many tort laws are not written down in statutes but
are instead based on common law. This lack of clear written guidance can make it difficult for
lower courts to confidently decide on tort cases.
2. Fear of Reversal: Judges in lower courts might worry that their decisions in tort cases will
be overturned by higher courts if they are not based on clear statutory laws. This makes them
reluctant to make decisions in such cases.
3. Limited Training and Resources: Judges in lower courts may not have as much training
or resources to deal with complicated tort cases. They might feel more comfortable handling cases
that have clear statutory guidelines.
Impact of This Hesitation
1. Limited Access to Justice: If lower courts are hesitant to handle tort claims, people who
are harmed might find it hard to get compensation. They may need to take their cases to higher
courts, which can be more time-consuming and expensive.
2. Overburdening Higher Courts: This hesitation can lead to higher courts becoming
overburdened with tort cases that could have been resolved at the lower court level if there was
more confidence and clarity in handling them.
Conclusion: In summary, the statement highlights a significant issue in the legal system of
Bangladesh. Lower courts might not feel confident in handling tort cases unless those cases are
clearly defined by written laws. This hesitation is due to a lack of clear statutory guidance, fear of
higher court reversals, and limited resources. As a result, people seeking compensation for harm
might face difficulties, and higher courts may become overburdened with cases.
2. Elucidate the maxims of res ipsa loquitur and volenti non-fit injuria.
Maxims of Res Ipsa Loquitur and Volenti Non Fit Injuria in Tort Law
In tort law, two important principles help decide cases:
1. Res Ipsa Loquitur:
○ Meaning: "The thing speaks for itself."
○ Explanation: When an accident suggests someone was likely careless, even without direct
proof.
○ Example: If something falls from a building and hurts someone below, it suggests
negligence without needing clear evidence.
2. Volenti Non Fit Injuria:
○ Meaning: "To one who is willing, no harm is done."
○ Explanation: If someone knowingly takes a risk, they can't later claim it caused them harm.
○ Example: Attending a dangerous event and getting hurt means they accepted the risk and
can't sue for damages.
Key Differences:
● Res Ipsa Loquitur suggests negligence from how things happened.
● Volenti Non Fit Injuria says if someone accepts a risk, they can't blame others for harm.
These principles help courts decide who is responsible in tort cases by looking at what happened
and the choices people made.
Or
Res Ipsa Loquitur

Res Ipsa Loquitur, which means "the thing speaks for itself" in Latin, is a legal concept used in
tort law. It applies when the circumstances surrounding an injury strongly suggest that negligence
occurred, even if there's no direct proof of how it happened. Here’s a clearer explanation:
● Meaning: This maxim suggests that sometimes an accident or injury is so obviously linked
to someone's carelessness that it doesn't need much explanation.
● Application: Res Ipsa Loquitur is used when:
○ The injury wouldn't normally happen without someone being careless.
○ The situation was under the control of the person being accused of negligence.
● Example: Imagine someone is hit on the head by something falling from a building.
Without seeing it happen, the fact that something fell from a window and hit them might be
enough to show negligence by whoever is responsible for that window.
Volenti Non Fit Injuria
Volenti Non Fit Injuria means "to one who volunteers, no harm is done" in Latin. It's a defense
in tort law used when a person willingly puts themselves in a situation where they could get hurt
and then does get hurt. Here’s a simpler explanation:
● Meaning: This maxim says that if someone knowingly takes a risk and gets hurt, they can't
blame someone else for their injury.
● Application: It applies when:
○ The person knew about the danger involved but chose to go ahead anyway.
○ There was no trickery or force involved in making them take the risk.
● Example: If someone decides to ride a skateboard down a steep hill, they understand the
risks. If they fall and get hurt, they can't sue anyone because they accepted the danger when they
decided to skate down that hill.
Conclusion: In summary, res ipsa loquitur helps prove negligence when an injury strongly
suggests it, even without direct evidence. Volenti non fit injuria protects against liability when
someone willingly accepts the risks of an activity. These legal concepts clarify who is responsible
for injuries based on the circumstances and choices involved.
3. Describe the principles of general defenses to an action of tort.

Principles of General Defenses in Tort Law
In tort cases, defendants can use different defenses to argue against being responsible for harm.
Here are simple explanations of these defenses:
1. Consent:
○ Explanation: The person who got hurt agreed to take part in something risky.
○ Example: Someone agrees to play a rough sport knowing they might get injured.
2. Contributory Negligence:
○ Explanation: The person suing also did something wrong that helped cause the harm.
○ Example: Both a pedestrian and a speeding driver share fault for an accident.
3. Comparative Negligence:
○ Explanation: Both sides are partly to blame, and damages are divided based on how much
each is at fault.
○ Example: A court decides how much a cyclist and a driver each caused an accident.
4. Voluntary Assumption of Risk:
○ Explanation: The person knew about the danger but still took the risk.
○ Example: Signing a waiver before doing something risky like skydiving.
5. Necessity:
○ Explanation: Acting to prevent a bigger problem or emergency.
○ Example: Breaking into a car to save a child inside.
6. Self-Defense:
○ Explanation: Using reasonable force to protect oneself or others.
○ Example: Stopping someone from attacking you.
7. Act of God (Natural Event):
○ Explanation: Damage caused by a natural disaster or event no one could foresee.
○ Example: Property damage from an earthquake or flood.
8. Legal Authority:
○ Explanation: Acting under the law or following legal orders.
○ Example: Police using necessary force to arrest someone.
9. Statutory Authority:
○ Explanation: Following rules set by law or regulations.
○ Example: Demolishing a building to meet safety rules, even if it bothers neighbors.
Conclusion : These defenses help courts decide if someone should be held responsible for harm in
tort cases. They consider different situations to make sure judgments are fair and based on what
happened.
The principles of general defenses to an action of tort refer to legal arguments and justifications
that defendants use to defend themselves against claims of tortious liability. Here are the main
principles:
Principles of General Defenses to Tort Actions
1. Consent: This defense says that if the plaintiff agreed to the action that caused harm, either
explicitly or implicitly, they can't later claim it was wrongful. For example, in contact sports,
players accept a certain level of risk of injury.
2. Contributory Negligence: If the plaintiff's own actions contributed to their injury, their
compensation might be reduced. For instance, if a pedestrian crosses the street without looking
and gets hit, their negligence can reduce the driver's responsibility.
3. Comparative Negligence: This principle compares how much each party is at fault for the
injury. If both the plaintiff and defendant were negligent, damages are divided based on who was
more at fault. For example, if the plaintiff is partly to blame, their compensation can be reduced
accordingly.
4. Volenti Non Fit Injuria (Voluntary Assumption of Risk): If the plaintiff knowingly took
a risk and got hurt, they can't blame someone else. This applies when the risk was clear and they
chose to accept it. For instance, in adventurous sports, participants understand and accept the risks
involved.
5. Necessity: This defense applies when the defendant had to act to prevent a greater harm.
For example, breaking into a car to rescue a child locked inside on a hot day could be justified by
necessity.
6. Private Defense: Individuals can use reasonable force to protect themselves or others from
immediate harm or to defend their property. For example, using force to stop an assault or
burglary is justified under this defense.
7. Statutory Authority: If the defendant acted within their legal rights as defined by law,
they may be protected from liability. For example, law enforcement officers using force to arrest a
suspect might be protected if their actions were justified by law.
Conclusion: These defenses provide legal grounds for defendants in tort cases to argue against
liability. Each defense depends on the specific circumstances of the case and varies in how it's
applied under different laws. Understanding these principles helps both plaintiffs and defendants
navigate disputes in tort law effectively.
4. Discuss the salient features of the United Nations Guidelines for Consumer Protection
adopted by the General Assembly on 22 December 2015.
Salient Features of the United Nations Guidelines for Consumer Protection (2015)
The United Nations Guidelines for Consumer Protection (2015) aim to protect consumers and
promote fair practices globally. Here are the main features:
1. Consumer Rights:
○ Basic Needs: Ensures everyone has access to essential things like food, water, and
healthcare.
○ Safety: Products and services should not harm people.
○ Information: Consumers have the right to know what they are buying.
○ Choice: Allows people to choose from different products at fair prices.
○ Complaints: Provides ways for consumers to get compensation if something goes wrong.
2. Fair Business Practices:
○ Honesty: Businesses must be truthful and fair in their dealings.
○ Clear Information: Prices and terms should be easy to understand.
○ Privacy: Protects personal information from being misused.
3. Consumer Education:
○ Learning: Teaches people about their rights and how to be smart consumers.
○ Awareness: Makes sure people know about consumer rights and how to use them.
4. Resolving Disputes:
○ Justice: Makes sure there are fair ways to solve problems between consumers and
businesses.
○ Mediation: Helps solve issues without going to court when possible.
5. Sustainable Practices:
○ Environment: Encourages businesses to be eco-friendly.
○ Community: Asks companies to be good for the communities they work in.
6. Global Cooperation:
○ Standards: Helps countries work together to make sure rules are the same everywhere.
○ Support: Helps countries with fewer resources improve their consumer protection laws.
Implementation and Impact
● Adoption: Encourages countries to use these guidelines in their own laws.
● Review: Checks how well the guidelines are working and if they need to change.
● Support: Helps groups that fight for consumer rights around the world.
Conclusion
The United Nations Guidelines for Consumer Protection (2015) are there to make sure people
everywhere can trust what they buy and use, and that businesses treat them fairly. They help
consumers know their rights, promote fairness in business, and protect our planet and
communities.
The United Nations Guidelines for Consumer Protection, adopted by the General Assembly on 22
December 2015, are a set of rules that aim to protect people who buy goods and services. Here are
the main features of these guidelines explained in simple terms:
1. Basic Consumer Rights: These guidelines focus on fundamental rights that all consumers
should have. These include the right to be safe from harmful products, the right to know important
information about products, the right to choose what to buy, the right to complain and be heard,
and the right to get compensation if something goes wrong.
2. Protection from Unfair Practices: The guidelines say that businesses should not trick or
mislead consumers with false advertising or unfair contracts. They should treat customers fairly
and not take advantage of them.
3. Consumer Education: It's important for consumers to know their rights and make smart
choices. The guidelines encourage programs that teach people about their rights and help them
make informed decisions when shopping.
4. Safety and Quality: The guidelines stress that products should be safe to use and of good
quality. Businesses should follow rules to make sure their products are safe and clearly labeled.
5. Resolving Problems: If consumers have a problem with a product or service, the
guidelines suggest ways to solve these problems quickly and fairly. This includes using mediation
or going to court if needed.
6. International Cooperation: Because many products are bought and sold across countries,
the guidelines promote countries working together to protect consumers everywhere. They
encourage sharing ideas and helping each other with consumer protection.
7. Online Shopping: With more people shopping online, the guidelines also cover protections
for online buyers. They talk about making sure online transactions are clear and safe, protecting
personal information, and stopping online scams.
8. Helping Vulnerable People: The guidelines highlight the need to protect people who may
be more at risk, like children, elderly people, or those with disabilities. They suggest extra
measures to keep these groups safe when they buy things.
9. Sustainability: There's a focus on encouraging businesses to make products and services
that are good for the environment and society. This means thinking about how products are made
and how they affect the world around us.
10. Putting Guidelines into Action: Countries are encouraged to use these guidelines to make
their own laws and rules to protect consumers. They should also check how well these rules are
working and make changes if needed.
Conclusion: These guidelines are important because they help make sure that consumers are
treated fairly, have safe products to use, and know their rights when buying things. They also
encourage businesses and countries to work together to create a better and more responsible
marketplace for everyone.
5. Discuss the powers and functions of the Director General of the Directorate of National
Consumers' Right Protection specified under the Consumers' Right Protection Act, 2009.
Powers and Functions of the Director General under the Consumers' Right Protection Act, 2009
The Director General of the Directorate of National Consumers' Right Protection has important
duties to protect consumers:
1. Educational Campaigns:
○ Informing People: Teaches people about their rights as consumers.
○ Publications: Makes books and pamphlets to educate people about consumer rights.
2. Enforcing Laws:
○ Investigating Complaints: Looks into complaints about unfair business practices or bad
products.
○ Checking Businesses: Visits businesses to make sure they follow consumer protection
laws.
○ Asking Questions: Can ask questions about anything related to protecting consumers.
3. Taking Legal Action:
○ Going to Court: Can take businesses to court if they break consumer protection laws.
○ Helping Consumers: Supports consumers by filing complaints and representing them in
court.
4. Resolving Disputes:
○ Solving Problems: Helps to settle disagreements between consumers and businesses
without going to court.
○ Using Consumer Courts: Represents consumers in courts set up to solve consumer
problems.
5. Developing Policies:
○ Giving Advice: Gives advice to the government on making better laws to protect
consumers.
○ Speaking Up: Talks to the government about changes needed to protect consumers better.
6. Cooperating with Others:
○ Working Together: Works with other government groups to make sure consumers are
protected.
○ Supporting Groups: Helps groups outside of the government that also work to protect
consumers.
7. Watching and Reporting:
○ Keeping an Eye: Watches to make sure businesses follow consumer laws.
○ Reporting Back: Tells the government and others every year what has been done to protect
consumers.
Example:
If someone complains about a broken product, the Director General would:
● Check if the complaint is true.
● Take legal action against the company if they sold a bad product.
● Help the person complain to a court if needed.
Conclusion:
The Director General plays a big role in making sure consumers are treated fairly. They educate
people about their rights, enforce laws to protect consumers, and help solve problems between
consumers and businesses. Their work ensures that everyone gets a fair deal in the marketplace.
or
The Director General of the Directorate of National Consumers' Right Protection plays a pivotal
role in implementing and enforcing consumer rights under the Consumers' Right Protection Act,
2009 in Bangladesh. Here are the powers and functions specified for the Director General:
Powers of the Director General:

1. Monitoring and Enforcement: The Director General oversees and ensures that businesses
follow the rules that protect consumers. This includes checking if products are safe and if
businesses are treating customers fairly.
2. Investigation: They have the authority to look into complaints from consumers and
investigate when businesses might be breaking the rules. This involves gathering facts, talking to
people involved, and taking action if needed.
3. Issuing Orders: If a business is found doing something wrong, the Director General can
order them to stop. This might include stopping the sale of unsafe products or fixing misleading
advertisements.
4. Consumer Education: They promote awareness among consumers about their rights. This
could be through campaigns or events that teach people how to make smart choices when buying
things.
5. Cooperation: The Director General works with other government departments, police, and
groups that help consumers. This teamwork makes sure everyone is working together to protect
people buying goods and services.
6. Legal Actions: When a business repeatedly breaks the rules, the Director General can take
them to court or impose fines to make sure they follow the law.
Functions of the Director General:

1. Policy Development: They help make new rules or improve existing ones that protect
consumers better. This might involve suggesting changes to laws to keep up with new ways
businesses might try to take advantage of customers.
2. Regulating Businesses: Making sure businesses follow the rules that protect consumers,
like not tricking them or selling unsafe products.
3. Handling Complaints: They listen to complaints from consumers who feel they have been
treated unfairly and work to find solutions that are fair to everyone involved.
4. Watching the Market: Keeping an eye on what's happening in the marketplace to spot
problems early, like unsafe products or dishonest advertising.
5. Training and Learning: They make sure the people who work for them know how to
protect consumers. This could be through training sessions or sharing information about new ways
to keep people safe.
6. Reporting: Sharing information with higher-ups and the public about what they're doing to
protect consumers. This includes talking about cases they've handled and what they've achieved in
making sure people are treated fairly.
Conclusion: The Director General of the Directorate of National Consumers' Right Protection has
important responsibilities under the Consumers' Right Protection Act, 2009. Their job is to make
sure that businesses play fair and that consumers know their rights. By investigating complaints,
enforcing rules, and educating the public, they help create a marketplace where everyone can buy
and sell goods and services with confidence and fairness.
6. How would you differentiate tortious act from crime? Discuss the differences between
vicarious liability and strict liability with examples. Discuss the rule of strict liability with
mentioning the rule of the Reyland v. Fletcher case.
Differences Between Tort and Crime

Aspect ort rime
efinition A civil wrong causing harm to anA wrongful act punishable by the state.
ndividual.
urpose o compensate the victim. o punish the offender and protect society.
egal Action rought by the injured party rought by the state (prosecutor).
plaintiff).
utcome ompensation or damages to the unishment like fines, imprisonment, or

ictim. ommunity service.
xample Negligence causing a car heft, murder, or assault.

ccident.
Vicarious Liability vs. Strict Liability
Aspect Vicarious Liability trict Liability
efinition ne party is held liable for the iability without fault.

ctions of another.
asis elationship between the partiesNature of the activity or ownership.

e.g., employer-employee).
ault No need to prove direct fault of theNo need to prove negligence or intent.
equirement erson held liable.
xample An employer is liable for anA company is liable for harm caused
mployee’s actions during work. y dangerous chemicals it stores.
Rule of Strict Liability
Definition:
● Strict liability means holding someone legally responsible for damages or injuries
regardless of fault or negligence.
Key Points:
● Liability is based on the nature of the activity.
● No need to prove that the defendant was negligent or intended to cause harm.
● Often applied to inherently dangerous activities.
Rylands v. Fletcher Case
Facts:
● In 1868, Fletcher built a reservoir on his land. Water from the reservoir leaked through old
mine shafts and flooded Rylands' mine.
Rule Established:
● Justice Blackburn formulated the rule of strict liability: If a person brings something onto
their land that is likely to cause harm if it escapes, they are liable for any resulting damage, even if
they were not negligent.
Key Principle:
● Non-Natural Use: Liability applies to non-natural use of land. If the use is unusual or
involves special danger, the person responsible is strictly liable for any harm caused.
Example:
● If a company stores hazardous chemicals and they leak, causing damage, the company is
strictly liable for the harm, regardless of how careful they were.
Summary
● Tort vs. Crime: Torts compensate victims, while crimes punish offenders.
● Vicarious Liability: One party is responsible for another’s actions due to their relationship.
● Strict Liability: Holds someone accountable regardless of fault, often for risky activities.
● Rylands v. Fletcher: Established strict liability for activities likely to cause harm, even
without negligence.
Differentiating Tortious Act from Crime

Tortious Act:
Definition: A tortious act is when someone does something wrong that harms another person or
their property. It's a civil matter where the victim can seek compensation.
Nature: It's about resolving disputes between people or businesses, focusing on making things
right for the harmed party.
Examples: Accidentally damaging someone's car, or saying something false that hurts someone's
reputation.
Crime:
Definition: A crime is when someone breaks the law and does something that society considers
harmful or dangerous. It's prosecuted by the government and can lead to punishments like jail
time or fines.
Nature: Criminal law is about punishing wrongdoing to protect society as a whole.
Examples: Stealing, hurting someone on purpose, or selling illegal drugs.
Differences between Vicarious Liability and Strict Liability
Vicarious Liability:
Definition: When one person (like an employer) is held responsible for the actions of another
person (like an employee) who did something wrong during their job.
Criteria: It applies when there's a special relationship, like boss and worker, where the boss can
control what the worker does.
Example: If a delivery driver crashes into someone while working, the delivery company might
be responsible for the driver's mistake.
Strict Liability:
Definition: Holding someone responsible for harm caused by their actions or products, even if
they didn't intend to cause harm or were careful.
Criteria: It's used for things that are inherently risky, like dangerous activities or products.
Example: If a company makes fireworks and there's an explosion, they can be held responsible
for any damage, even if they did everything they could to be safe.
Rule of Strict Liability with Reference to the Rule in Rylands v. Fletcher
Rule of Strict Liability:
Definition: This rule says that if you do something on your property that's likely to cause harm if
it escapes, you're responsible if it does, even if you weren't careless.
Example - Rylands v. Fletcher Case: In this case, someone built a reservoir that accidentally
flooded a neighbor's mine. The court said they were responsible because they created a risk by
building the reservoir, even if they didn't mean for it to flood.
Conclusion: Understanding these concepts helps clarify how legal systems deal with different
types of wrongdoing, from everyday accidents to more serious offenses. Whether it's about
making things right between people (torts) or protecting society as a whole (crimes), these
principles ensure fairness and accountability in law.
7. What are the essential elements of trespass? Discuss the trespass to persons and land.
Mention the differences between Assault and Battery.
Trespass refers to the act of unlawfully intruding upon someone else's personal space or property.
It can occur in various forms, primarily categorized into trespass to persons and trespass to land.
Let's delve into each aspect and their essential elements:
Essential Elements of Trespass
1. Intentional Act: Trespass requires that the action is deliberate and intentional. Accidental
actions generally do not constitute trespass unless they involve negligence or recklessness.
2. Direct Interference: There must be a direct interference with another person's body or
property. This can include physical contact or entry onto land without permission.
3. Without Consent: The interference must occur without the consent of the affected party.
Consent can be explicit or implied, but trespass occurs when such permission is lacking.
Trespass to Persons and Land
Trespass to Persons:
Definition: This occurs when there is an unauthorized and intentional interference with another
person's body or personal belongings.
Examples: Physically assaulting someone, grabbing someone's belongings without permission, or
even intentionally blowing smoke in someone's face.
Trespass to Land:
Definition: This occurs when someone enters onto or interferes with another person's property or
land without permission.
Examples: Walking across someone's private property, dumping waste into another's land, or
placing objects on their property without authorization.
Differences between Assault and Battery
Assault:
Definition: Assault is the intentional act of causing someone to fear immediate harmful or
offensive contact. It involves the threat of harm rather than actual physical contact.
Example: Threatening to punch someone without actually doing so, thereby causing them to fear
imminent harm.
Battery:
Definition: Battery is the unlawful and intentional physical contact with another person without
their consent, resulting in harmful or offensive contact.
Example: Actually punching or striking someone, grabbing them forcefully, or any other physical
contact that causes harm or offense.
Conclusion: Understanding trespass, whether to persons or land, involves recognizing the
intentional and unauthorized intrusion into someone else's personal space or property. Assault
involves the fear of imminent harm, while battery involves actual physical contact and harm.
These distinctions are crucial in defining legal boundaries and ensuring individuals' rights to
personal safety and property ownership are respected and protected under the law.
Trespass is an unlawful interference with someone's property or person. The key elements include:
1. Intentional Act:
○ The act must be done on purpose.
○ Example: Walking onto someone’s property knowingly.
2. Direct Interference:
○ The interference must happen directly.
○ Example: Physically entering someone’s property.
3. Lack of Consent:
○ The act must be without the property owner's permission.
○ Example: Entering someone’s land without their consent.
4. Infringement of Legal Right:
○ The action must violate the person's legal rights.
○ Example: Unauthorized entry violates the property owner's right to control their land.
Trespass to Persons
Trespass to persons involves direct interference with someone's body. It includes:
1. Assault:
○ Making someone fear immediate harm.
○ Example: Raising a fist as if to hit someone.
2. Battery:
○ Unwanted physical contact.
○ Example: Hitting, pushing, or any unwanted touch.
3. False Imprisonment:
○ Unlawfully restricting someone's movement.
○ Example: Locking someone in a room without their permission.
Trespass to Land
Trespass to land involves unauthorized entry or interference with someone’s property. It includes:
1. Entering Land:
○ Going onto someone’s property without permission.
○ Example: Walking through someone’s garden without consent.
2. Remaining on Land:
○ Staying on the property after being asked to leave.
○ Example: Refusing to leave a private event when asked by the host.
3. Placing Objects on Land:
○ Putting or throwing things onto someone else’s property without permission.
○ Example: Throwing garbage over a neighbor’s fence.
Aspect Assault attery
efinition reating a fear of imminentUnwanted physical contact

arm
hysical Contact No physical contact required hysical contact is necessary
Key Focus ear or apprehension of harm Actual physical harm or offensive

ontact
xample aising a fist as if to hitHitting or pushing someone

omeone
Summary
● Trespass: Involves intentional and direct interference without consent, infringing on
someone's legal rights.
● Trespass to Persons: Includes assault (fear of harm), battery (unwanted contact), and false
imprisonment (restricting movement).
● Trespass to Land: Involves unauthorized entry, staying on, or placing objects on
someone's property.
● Assault vs. Battery: Assault creates fear of harm without physical contact, while battery
involves actual unwanted physical contact.

Trespass means unlawfully interfering with someone's property or person. The key elements are:
1. Intentional Act:
○ Example: Walking onto someone’s property knowing it’s not yours.
○ Example: Physically entering someone’s property.
3. No Consent:
4. Violation of Legal Right:
○ The action must violate the person’s legal rights.
○ Example: Unauthorized entry violates the owner’s right to control their land.
Trespass to Persons
Trespass to persons means directly interfering with someone's body. It includes:
1. Assault:
2. Battery:
Trespass to Land
Trespass to land means entering or interfering with someone’s property. It includes:
1. Entering Land:
2. Staying on Land:
Aspect Assault attery
efinition reating a fear of immediateUnwanted physical contact

arm
hysical Contact No physical contact needed hysical contact is necessary
Key Focus ear or apprehension of harm Actual physical harm or offensive

ontact
xample aising a fist as if to hit someoneHitting or pushing someone
Summary
● Trespass: Intentional and direct interference without consent, violating someone’s legal
rights.
● Trespass to Persons: Includes assault (fear of harm), battery (unwanted contact), and false
imprisonment (restricting movement).
● Trespass to Land: Involves unauthorized entry, staying on, or placing objects on
someone’s property.
● Assault vs. Battery: Assault creates fear of harm without physical contact; battery
involves actual unwanted physical contact.
8.Write short notes on following:

a) Dammum sine injuria,
b) Injuria sine dammum,
c) Ubi jus ibi remedium
d) Mensrea
e) Nuisance
a) Dammum Sine Injuria

Meaning: Dammum sine injuria, a Latin term, literally means "damage without injury." In legal
terms, it refers to situations where some form of loss or damage occurs to someone's property or
interests, but it does not constitute a legal injury because there is no violation of a legal right.
Explanation: For an act to be considered damnum sine injuria, the damage suffered should not
involve any infringement of a legal right belonging to the affected party. Even though there might
be loss or harm in a general sense, the law does not recognize it as actionable because no legal
right has been breached.
Example: Imagine a scenario where a new business opens nearby and offers lower prices, causing
existing businesses to lose customers and revenue. While this results in financial damage to the
original businesses, the new business has not engaged in any wrongful conduct or violated any
legal rights of the competitors. Therefore, it would be considered damnum sine injuria.
b) Injuria Sine Dammum
Meaning: Injuria sine damnum, another Latin term, translates to "injury without damage." It
refers to situations where there is a legal injury or violation of rights, but no actual loss or damage
occurs to the affected party.
Explanation: In legal terms, the focus is on the infringement of a legal right rather than the
tangible consequences or financial loss suffered by the individual. The law recognizes that certain
actions can constitute a wrongful injury even if there is no accompanying financial or physical
harm.
Example: Defamation cases often illustrate injuria sine damnum. If someone spreads false and
damaging information about another person that harms their reputation, the injured party may
have a valid legal claim for defamation, even if they cannot prove any financial losses directly
resulting from the defamation.
c) Ubi Jus Ibi Remedium
Meaning: Ubi jus ibi remedium means "where there is a right, there is a remedy." This principle
underscores the idea that every legal right recognized by law should have a corresponding legal
remedy or recourse available to protect and enforce that right.
Explanation: It emphasizes the importance of access to justice and the rule of law by ensuring
that individuals or entities can seek redress or compensation when their legal rights are violated or
infringed upon.
Example: If someone's property rights are infringed upon, such as through trespass or
unauthorized use, they have the right to seek legal remedies such as an injunction to stop the
unauthorized activity or compensation for any damages caused by the trespass.
d) Mens Rea
Meaning: Mens rea, a Latin term meaning "guilty mind," refers to the mental state or intention
behind a criminal act. It is an essential element in determining criminal liability and involves
examining the state of mind of the accused at the time the offense was committed.
Explanation: The concept of mens rea focuses on whether the accused acted with intent,
knowledge, recklessness, or negligence when committing the crime. It helps distinguish between
intentional criminal acts and those that may have been accidental or without malicious intent.
Example: In a murder case, proving mens rea involves demonstrating that the accused had the
intent or planned to cause harm or death to the victim. Without evidence of intent, a charge of
murder may be reduced to manslaughter if the act was committed without full intent to kill.
e) Nuisance
Meaning: Nuisance refers to an unreasonable interference with a person's use or enjoyment of
their property, often caused by another person's actions, such as noise, odors, or other
disturbances.
Explanation: Nuisance can be classified into two main types:
Private Nuisance: Affecting individuals or specific properties, such as loud parties disturbing
neighbors or odors from industrial activities affecting nearby residents.
Public Nuisance: Affecting the general public or a community, such as pollution or obstructing a
public road.
Example: Continuous loud noise from a nearby construction site that disrupts residents' peace and
quiet is an example of private nuisance. On the other hand, industrial emissions causing air
pollution that affects the health and well-being of an entire neighborhood would be considered a
public nuisance.
Understanding these legal principles helps clarify rights, responsibilities, and legal remedies
available in various civil and criminal contexts, ensuring fairness and accountability in legal
proceedings and everyday interactions.
Or
a) Damnum Sine Injuria
Meaning:
● Latin for "damage without injury."
● It means suffering a loss that doesn’t violate legal rights, so it’s not actionable in court.
Example:
● A new business opens and attracts customers from an existing one. The old business loses
money, but no legal rights are violated.
b) Injuria Sine Damnum
Meaning:
● Latin for "injury without damage."
● It means a legal right is violated even if there is no actual loss or damage.
Example:
● Someone spreads false information that damages another’s reputation. Even without
financial loss, the affected person can sue for defamation.
c) Ubi Jus Ibi Remedium
Meaning:
● Latin for "where there is a right, there is a remedy."
● It means if a legal right is violated, there should be a way to seek justice.
Example:
● If someone trespasses on your property, you can seek a court order to stop them or get
compensation.
d) Mens Rea
Meaning:
● Latin for "guilty mind."
● It refers to the intention or mental state behind committing a crime.
Example:
● In a murder case, proving mens rea means showing that the accused intended to kill the
victim. Without intent, the charge might be reduced to manslaughter.
e) Nuisance
Meaning:
● Unreasonable interference with someone’s use or enjoyment of their property.
Types:
1. Private Nuisance:
○ Affects individuals or specific properties.
○ Example: Loud noise from a neighbor’s house.
2. Public Nuisance:
○ Affects the general public or community.
○ Example: Air pollution from a factory.
Example:
● Loud construction noise that disturbs nearby residents (private nuisance) or factory
emissions affecting an entire neighborhood (public nuisance).
Understanding these terms helps explain your rights and the legal remedies available to you
2020
1.a) What are the essential elements of trespass? Discuss the trespass to person and land.
Trespass means unlawfully interfering with someone's property or person. The key elements are:
1. Intent:
○ Example: Entering someone’s property knowing it belongs to someone else.
○ Example: Walking onto someone’s property without permission.
3. No Consent:
4. Violation of Rights:
○ The action must violate the person's legal rights.
○ Example: Unauthorized entry violates the property owner's right to control their land.
Trespass to Person
Trespass to person means directly interfering with someone's body. It includes:
1. Assault:
2. Battery:
Trespass to Land
Trespass to land means entering or interfering with someone’s property. It includes:
1. Entering Land:
2. Staying on Land:
Examples and Cases
1. Trespass to Person:
○ Example: In the Collins v. Wilcock (1984) case, even a slight touch can be considered
battery if done without consent.
2. Trespass to Land:
○ Example: In the Entick v. Carrington (1765) case, any unauthorized intrusion onto land is a
trespass.
Conclusion
● Trespass to Person: Involves actions like assault (threatening harm), battery (unwanted
touch), and false imprisonment (unlawful restraint).
● Trespass to Land: Involves entering, staying, or placing objects on someone else's property
without permission.
Understanding these helps protect personal and property rights.
Trespasses: Tort law deals with cases where someone goes onto someone else's property without
permission or hurts someone physically.
Trespass is a legal concept that involves the unauthorized interference with someone else's person
or property. Here's a detailed look at the essential elements of trespass:
1. Intentional Act: Trespass requires that the interference or entry onto someone else's
property be intentional. This means the person committing the trespass must knowingly engage in
the act without lawful justification.
2. Direct Interference: There must be a direct interference with another person's body or
property. This can include physical contact with a person or their belongings, or entry onto land
without permission.
3. Without Consent: The interference must occur without the consent of the affected party.
Consent can be explicit (expressed directly) or implied (understood from the circumstances), but
trespass occurs when permission is lacking or when actions exceed the scope of granted
permission.
Trespass to Person and Land
Trespass to Person:
Definition: Trespass to person occurs when there is an intentional and unauthorized interference
with another person's body or personal belongings.
Examples: Physically assaulting someone, grabbing someone's property without permission,
blocking someone's path, or intentionally causing harm to another person.
Trespass to Land:
Definition: Trespass to land occurs when someone enters onto or interferes with another person's
property or land without permission.
Examples: Walking across someone's private property without permission, erecting structures,
dumping waste, or causing damage to land or buildings without lawful authorization.
Differences between Trespass to Person and Land
Nature of Interference: Trespass to person involves direct interference with a person's body or
personal belongings, often resulting in physical contact or harm. Trespass to land involves
interference with real property, such as land, buildings, or structures.
Legal Consequences: Both forms of trespass can lead to legal actions for damages (compensation
for harm caused) or injunctions (court orders to stop the trespassing behavior). Trespass to land
may also involve claims for the cost of removing trespassers or restoring property to its original
condition.
Intent Requirement: Both types of trespass require intentional actions, but the specific intent
may differ. Trespass to person typically involves intent to physically interfere with another person
or their belongings. Trespass to land may involve intent to enter or interfere with property without
permission, even if no harm is intended.
Understanding these distinctions helps clarify legal rights and responsibilities regarding personal
boundaries and property ownership. It ensures that individuals are aware of their rights to
protection from unwanted intrusions or interference, and provides a basis for legal recourse when
those rights are violated.
1.b) Explain Nuisance and negligence. Mention the differences between this two.
Nuisance
Definition:
● Nuisance is an act that unlawfully interferes with a person’s use or enjoyment of their
property.
Types:
1. Public Nuisance:
○ Affects the public or a large number of people.
○ Example: Pollution of a river affecting a whole community.
2. Private Nuisance:
○ Affects an individual or a small group.
○ Example: Loud noises or smells from a neighbor's property.
Key Points:
● It involves an unreasonable interference.
● The interference must be substantial.
● It can be a continuous or recurring issue.
Negligence
Definition:
● Negligence is the failure to exercise reasonable care, resulting in harm or damage to
another person.
Elements:
1. Duty of Care:
○ The defendant owed a duty to the plaintiff.
2. Breach of Duty:
○ The defendant failed to fulfill that duty.
3. Causation:
○ The breach of duty caused harm to the plaintiff.
4. Damage:
○ The plaintiff suffered actual harm or loss.
Key Points:
● It is based on a person's failure to act with the level of care that someone of ordinary
prudence would have exercised.
● The harm must be a foreseeable result of the defendant’s actions.
Differences between Nuisance and Negligence
Aspect Nuisance Negligence
Definition Unlawful interference with Failure to exercise reasonable
use/enjoyment of property care, causing harm
Type of Harm Interference with property rights Personal injury or property

damage
Intent Can be intentional or unintentional Generally unintentional
Key Focus Unreasonable interference Breach of duty of care
Examples Noise, pollution, odors Car accidents, medical

malpractice
Proof Required Substantial and unreasonable Duty, breach, causation, and

interference damage
Summary: Nuisance deals with interference in the use and enjoyment of property and can be
public or private. Negligence involves a breach of duty of care leading to personal injury or
damage.
Both concepts protect different interests: nuisance focuses on property rights, while negligence
addresses personal safety and property.
Nuisance is when something bothers you on your property or in your community. It can be loud
noises next door or smelly pollution from a factory nearby. Private nuisance affects individuals or
specific places, while public nuisance affects everyone in an area. People bothered by nuisance
can go to court to stop it or get compensation for the trouble it causes. For example, if loud factory
noise disturbs people living nearby, that's a private nuisance. If a factory's pollution affects a
whole neighborhood, it's a public nuisance.
Negligence means not being careful enough and causing harm. It involves four things in a legal
case: duty, breach, causation, and damages. Duty is the responsibility to be careful toward others.
Breach happens when someone fails to be as careful as a reasonable person would. Causation
means the careless action directly caused harm. Damages are the actual harm or loss suffered. For
instance, a driver who doesn't pay attention and runs a red light, causing a crash, is negligent
because they didn't drive safely like they should have.
Nuisance vs Negligence
Aspect Nuisance Negligence
Definition Interference with the use or Failure to exercise reasonable care
enjoymetn of land or rights over it. resulting in harm to others.
Type Can be either public or private. Generally involves a private duty

owed to individuals or entities.
Intent Can be intentional or unintentional Typically unintentional

(e.g., negligent). (negligent).
Focus Focuses on the interference caused to Focuses on the defendant's failure

the plaintiff's rights. to exercise reasonable care.
Examples - Noise pollution - Car accidents
- Air pollution - Medical malpractice
- Offensive odors - Slip and fall incidents
Remedies Injunctions, damages, abatement Damages, compensation for

orders. losses.
Explanation
● Nuisance: Nuisance involves an unreasonable interference with another person's use or
enjoyment of their property or rights. It can be classified as public (affecting a community) or
private (affecting specific individuals or properties). Legal actions for nuisance often seek
remedies such as damages (compensation) or injunctions (court orders to stop the interference).
● Negligence: Negligence refers to the failure to exercise reasonable care or duty owed to
others, resulting in harm or damage. It can range from ordinary negligence (lack of reasonable
care) to gross negligence (extreme lack of care). Legal actions for negligence focus on
compensating victims for the harm caused by the negligent act.
In summary, while both nuisance and negligence are civil wrongs (torts) involving harm or
interference, they differ in focus, types, examples, and legal remedies sought. Understanding these
differences helps in determining appropriate legal actions and defenses in civil law cases.
2.a) Define Malicious Prosecution. Explain the essentials with relevant case references.
Definition of Malicious Prosecution
Malicious prosecution is when someone wrongly accuses another person of a crime or takes them
to court without a good reason, just to cause trouble.
Essentials of Malicious Prosecution
To prove malicious prosecution, you need to show five things:
1. Legal Action Was Started:
○ The person you're suing started legal action against you.
○ Example: In the West Bengal State Electricity Board v. Dilip Kumar Ray case, the court
said the person must have actively started the case.
2. No Good Reason:
○ They had no good reason to start the legal action.
○ Example: In the Abrath v. North Eastern Railway Co. case, the court said there was no
reasonable basis for the case.
3. Bad Intent:
○ They did it with bad intentions, not just to bring you to justice.
○ Example: In the Gurbachan Singh v. Malook Singh case, the court said bad intent means
the case was started for a wrong purpose.
4. Case Ended in Your Favor:
○ The legal action ended in your favor.
○ Example: In the P. Kunhumuhammed v. P. Mariakutty case, the court said you must have
won the previous case.
5. You Suffered Harm:
○ You were harmed because of the legal action. This can be damage to your reputation,
emotional distress, or financial loss.
○ Example: In the Savitri Devi v. District Judge, Gorakhpur case, the court said you must
show actual harm.
Example Case
Case: Willers v. Joyce (2016)
● Summary: Joyce wrongly took Willers to court without good reason. The UK Supreme
Court allowed Willers' claim for malicious prosecution.
Conclusion
Malicious prosecution is when someone wrongfully takes you to court with bad intentions and no
good reason, causing you harm. To prove it, you need to show the case was started without good
reason, ended in your favor, was done with bad intentions, and caused you harm.
Malicious Prosecution:
Malicious prosecution occurs when someone starts legal proceedings against another person
without a valid reason and with bad intentions. It involves wrongfully accusing someone of a
crime or wrongdoing, knowing there isn't enough evidence to support the case. This can happen in
criminal or civil court cases.
Essentials of Malicious Prosecution:
1. Starting Legal Action: The person accused (the defendant) must have started or continued
a legal case against the person they accused (the plaintiff).
2. Lack of Reasonable Cause: There was no good reason or evidence to support the legal
action taken against the plaintiff. This means the defendant didn't have enough proof to believe
the plaintiff was guilty.
3. Malicious Intent: The legal action was started out of spite, revenge, or other bad intentions
towards the plaintiff. Malice shows that the defendant didn't act honestly or fairly.
4. Case Ended in Plaintiff's Favor: The legal proceedings against the plaintiff must have
ended with a decision that favored the plaintiff. This could mean the charges were dropped, the
plaintiff was found innocent, or the case was dismissed.
Examples and Case References:
● Wilkinson v. Downton (1897): In this case, the defendant played a mean joke on the
plaintiff by falsely telling her that her husband was seriously hurt. The court found the defendant
acted with malice and awarded damages for the harm caused to the plaintiff's emotional
well-being.
● Ganesh Narayan Hegde v. Ugrappa & Ors (2005): The Supreme Court of India
highlighted that proving malicious prosecution requires showing both lack of evidence and
malicious intent. It's important to prove that the legal proceedings ended in favor of the plaintiff.
Malicious prosecution aims to protect people from being unfairly accused and dragged through
legal battles without proper reasons. It gives a way for those wrongly accused to seek justice and
compensation for any harm they suffered, such as stress, damage to their reputation, or financial
loss due to the false accusations.
2.b) How would you differentiate between Tort and Crime?
Aspect Tort Crime
Definition Civil wrong causing harm or Offense against the state or society's
loss to others laws
Nature Private wrong Public wrong

Initiation Victim (plaintiff) initiates State (prosecutor) initiates legal
legal action action
Purpose Compensation for harm or Punishment, deterrence, and

loss rehabilitation
Legal Action Lawsuit in civil court Criminal prosecution in criminal

court
Standard of Proof Preponderance of evidence Beyond a reasonable doubt
Examples Negligence, defamation, Murder, theft, assault, drug

trespass trafficking
Explanation:
Definition: A tort is a civil wrong where one person's actions cause harm or loss to another, while
a crime is an offense against the state or society's laws.
Nature: Torts are private wrongs between individuals, whereas crimes are public wrongs affecting
society as a whole.
Initiation: In torts, the victim (plaintiff) initiates legal action seeking compensation. In crimes, the
state (through prosecutors) initiates legal action seeking punishment.
Purpose: Torts seek to compensate victims for harm suffered, while crimes aim to punish
offenders and deter others from committing similar acts.
Legal Action: Torts are resolved through lawsuits in civil courts, while crimes are prosecuted in
criminal courts.
Standard of Proof: Torts require a preponderance of evidence (more likely than not), whereas
crimes require proof beyond a reasonable doubt.
Examples: Examples of torts include negligence, defamation, and trespass. Examples of crimes
include murder, theft, assault, and drug trafficking.
This chart helps illustrate the fundamental differences between torts and crimes, clarifying their
legal contexts, purposes, and processes for resolution.
3. a) Who is a Consumer? What are the rights of a consumer enshrined under The
Consumer Rights Protection Act,2009? Write down the limitations of this Act.
Consumer Definition and Rights under The Consumer Rights Protection Act, 2009
Consumer Definition: A consumer is an individual or entity that purchases goods or services for
personal use or consumption, not for resale or commercial purposes. In legal terms, a consumer is
someone who engages in transactions with sellers or service providers.
Rights of a Consumer under The Consumer Rights Protection Act, 2009: The Consumer
Rights Protection Act, 2009 in Bangladesh outlines several rights to protect consumers. These
rights include:
1. Right to Safety: Consumers have the right to be protected against goods and services that
are hazardous to health or life.
2. Right to Information: Consumers have the right to accurate and truthful information
about goods and services, including their ingredients, quality, price, and terms of use.
3. Right to Choose: Consumers have the right to freely choose goods and services based on
competitive prices, quality, and suitability.
4. Right to Representation: Consumers have the right to form consumer organizations and
represent their interests in discussions and decisions affecting them.
5. Right to Redress: Consumers have the right to seek redress and compensation for unfair or
deceptive trade practices, substandard goods, or deficient services.
6. Right to Education: Consumers have the right to consumer education to make informed
decisions about goods and services.
7. Right to Healthy Environment: Consumers have the right to a healthy environment and
protection against environmental hazards caused by goods and services.
Limitations of The Consumer Rights Protection Act, 2009:
1. Enforcement Challenges: There may be challenges in effectively enforcing consumer
rights due to limited resources, awareness, and bureaucratic inefficiencies.
2. Complexity of Legal Procedures: Legal procedures for consumer redressal may be
complex and time-consuming, making it difficult for consumers to seek timely justice.
3. Lack of Awareness: Many consumers may not be aware of their rights under the Act or
how to exercise them, limiting the Act's effectiveness.
4. Weak Penalties: Penalties for violations of consumer rights may not be stringent enough to
deter businesses from engaging in unfair practices.
5. Exemptions and Loopholes: Certain sectors or practices may be exempted from the Act's
provisions, leaving consumers unprotected in those areas.
6. Lack of Consumer Organizations: Limited presence and effectiveness of consumer
organizations may weaken advocacy efforts and support for consumer rights.
Addressing these limitations requires continuous efforts to strengthen consumer protection
mechanisms, improve awareness, streamline legal procedures, and ensure robust enforcement of
the Consumer Rights Protection Act, 2009. These steps can enhance consumer confidence and
ensure fair treatment in the marketplace.
Or
A consumer is someone who buys goods or services for their personal use or family needs.
Rights of Consumers under The Consumer Rights Protection Act, 2009
In Bangladesh, The Consumer Rights Protection Act, 2009 gives consumers these rights:
1. Safety: Products and services should be safe.
2. Information: Consumers have the right to know about quality, quantity, and prices.
3. Choice: Consumers can choose from different products at fair prices.
4. Representation: They can form groups to represent their interests.
5. Redress: Consumers can complain and seek compensation for unfair practices.
6. Education: They should know their rights.
7. Advocacy: Access to consumer protection organizations.
Limitations of The Consumer Rights Protection Act, 2009

However, the Act has some limitations:
1. Awareness: Many people don't know their rights.
2. Enforcement: It may be hard to enforce rights, causing delays.
3. Complex Processes: Legal procedures can be complicated and slow.
4. Penalties: Punishments for breaking the rules may not be strong enough.
5. Coverage: Not all areas or transactions may be covered.
6. Proof: Consumers might struggle to prove their claims.
Improving awareness and enforcement can make the Act more effective in protecting consumer
rights in Bangladesh.
3.b) In your opinion what are the best ways to protect consumer rights.
Elaboration on Ways to Protect Consumer Rights
1. Education and Awareness: It's important that consumers understand their rights and how
to use them. This means teaching people about what they should expect when they buy things:
how to check quality, understand prices, and ensure they're using products safely. Education can
happen through workshops, campaigns, and easily understandable information.
2. Easy Complaints: Consumers need straightforward ways to complain if something goes
wrong. This could involve setting up hotlines, online complaint portals, or local offices where
people can go for help. The process should be simple and accessible, ensuring everyone can seek
assistance if they feel cheated or mistreated.
3. Strong Rules and Regulations: Governments should enforce strict rules that companies
must follow. These rules ensure products are safe for use, prices are fair, and advertising is
truthful. By having clear standards, consumers can trust that what they buy meets certain quality
and safety requirements.
4. Supportive Consumer Groups: Consumer advocacy groups play a crucial role in
protecting consumer rights. These organizations advocate for fair treatment, investigate
complaints, and educate the public about their rights. Supporting these groups helps amplify
consumer voices and hold businesses accountable.
5. Transparent Information: Companies should provide clear and accurate information
about their products and services. This includes pricing details, terms of sale, and any risks
associated with using the product. Transparent information empowers consumers to make
informed decisions without misleading or confusing marketing tactics.
6. Legal Protections and Redress: Strong consumer protection laws ensure that businesses
face consequences for violating consumer rights. These laws provide avenues for consumers to
seek compensation or resolution if they suffer financial losses or harm due to a company's actions.
Legal protections include penalties for deceptive practices and mechanisms for dispute resolution.
7. Regular Monitoring and Enforcement: Governments should regularly monitor
businesses to ensure they comply with consumer protection laws. Inspections, audits, and
investigations help identify and address issues early on, preventing widespread harm to
consumers. Effective enforcement ensures that businesses uphold their responsibilities and
maintain fair practices.
8. Collaborative Efforts: Collaboration between government agencies, businesses, consumer
groups, and other stakeholders is essential. Working together ensures a coordinated approach to
consumer protection, where everyone plays a role in upholding fair trade practices and
safeguarding consumer welfare. Partnerships facilitate information sharing, policy development,
and collective action to address emerging consumer challenges.
By implementing these strategies, countries can create a robust framework for consumer
protection. This framework promotes fairness, transparency, and accountability in the
marketplace, ensuring consumers can shop with confidence and businesses operate ethically.
Or
Protecting consumer rights involves several straightforward steps:

1. Clear Laws and Rules:
○ Governments should create strong laws that cover fair pricing, product safety, and honest
advertising.
2. Enforcement Agencies:
○ Establish agencies that can enforce these laws effectively and protect consumers from fraud
or unsafe products.
3. Education for Consumers:
○ Help people understand their rights through easy-to-understand information and campaigns
about scams and safety.
4. Easy Ways to Complain:
○ Provide simple ways for consumers to report problems, like online forms or local courts for
smaller disputes.
5. Encouraging Fair Practices:
○ Encourage businesses to follow rules and reward those who do, ensuring products meet
high safety standards.
6. Global Cooperation:
○ Work with other countries to create global standards and share ideas on how to protect
consumers better.
7. Supporting Consumer Groups:
○ Give money and power to groups that stand up for consumer rights, making sure they have
a say in new laws.
8. Using Technology:
○ Use phones and computers to track problems and make sure companies follow the rules.
By doing these things, we can make sure consumers are treated fairly and safely when they buy
things.
3.5
4.a) What are the basic components required to be proved for the application of Rule of
strict liability?
For the rule of strict liability to apply, certain basic components must be proved. These
components ensure that the conditions for holding someone strictly liable for damages caused by
their actions are met. The key components are:
1. Non-Natural Use of Land
● Definition: The activity or use of the land must be unusual or not typical for that area. It
should be something that isn't an ordinary use of the land.
● Example: Building a reservoir or storing large quantities of hazardous materials.
2. Bringing Something Potentially Dangerous onto the Land
● Definition: The defendant must have brought something onto their land that could cause
harm if it escapes.
● Example: Bringing water into a reservoir, chemicals into a storage facility, or keeping wild
animals.
3. Escape of the Dangerous Thing
● Definition: The dangerous thing must escape from the defendant's property and cause
damage.
● Example: Water from a reservoir breaking through and flooding neighboring land, or
chemicals leaking and contaminating the environment.
4. Damage or Harm Caused by the Escape
● Definition: The escape of the dangerous thing must result in actual damage or harm to
someone else's property or person.
● Example: Flooded land, damaged crops, contaminated water sources, or personal injuries.
5. Foreseeability of Damage (Modern Consideration)
● Definition: In some modern applications, it must be shown that the type of damage was
foreseeable.
● Example: It should have been predictable that building a reservoir could result in flooding
if it fails.
Conclusion
To summarize, for strict liability to apply, the following must be proved:
1. The use of the land was non-natural or unusual.
2. The defendant brought something dangerous onto their land.
3. The dangerous thing escaped.
4. The escape caused damage or harm.
5. In some cases, the damage was foreseeable.
These components help ensure that strict liability is applied fairly and appropriately in cases
where the defendant's actions have caused harm, even without negligence.
4o
make it simple
ChatGPT
To apply the rule of strict liability, you need to prove these basic components:
1. Non-Natural Use of Land
● Unusual Use: The land was used in a way that is not typical or natural for that area.
● Example: Building a large reservoir or storing dangerous chemicals.
2. Bringing Something Dangerous onto the Land
● Dangerous Item: The person brought something potentially harmful onto their land.
● Example: Water in a reservoir, hazardous chemicals, or wild animals.
3. Escape of the Dangerous Thing
● Escape: The dangerous item escaped from the person's property.
● Example: Water from a reservoir breaking through and flooding neighboring land.
4. Damage or Harm Caused by the Escape
● Harm: The escape caused actual damage or harm to someone else's property or person.
● Example: Flooding land, damaging crops, or contaminating water sources.
5. Foreseeability of Damage (Modern Consideration)
● Predictable Damage: In some cases, it should be shown that the type of damage was
predictable.
● Example: It should have been foreseeable that a reservoir could cause flooding if it fails.
Summary
To hold someone strictly liable, you need to prove:
1. They used the land in an unusual way.
2. They brought something dangerous onto their land.
3. The dangerous item escaped.
4. The escape caused harm or damage.
5. In some cases, the damage was predictable.
These points help ensure that strict liability is applied fairly when someone’s actions cause harm,
even if they were not careless.
4.b) Discuss the rule of strict liability formulated by Justice Blackburn in the case of
Fletcher vs Ryland (1866) LR 3H.L, 330, with some modifications.
The rule of strict liability, created by Justice Blackburn in the case of Fletcher vs. Rylands
(1866), means that if someone brings something dangerous onto their land and it escapes, they are
responsible for any damage it causes, even if they were careful.
Key Points from the Case
Fletcher vs. Rylands Summary:
● Rylands built a reservoir on his land.
● The reservoir burst, and water flooded Fletcher's coal mine on neighboring land.
● Fletcher sued Rylands for the damage caused.
Justice Blackburn's Rule:
1. Non-Natural Use of Land: If you use your land in an unusual way and something
dangerous escapes, you're responsible for the damage.
2. Dangerous Thing: The rule applies to anything dangerous, like water in a reservoir.
3. Escape and Damage: The dangerous thing must escape and cause damage to someone
else's property.
Modern Changes to the Rule
The rule has been updated over time. Here are some modern changes:
1. Foreseeability: If the damage was not predictable, strict liability might not apply.
2. Acts of God or Nature: If the escape was due to natural events (like an earthquake), you
might not be responsible.
3. Consent: If the harmed person agreed to the dangerous thing being there, strict liability
might not apply.
4. Third-Party Actions: If a third party caused the escape, you might not be held strictly
liable.
5. Laws and Regulations: Some laws specify rules for strict liability, especially for
hazardous activities.
Example Uses
● Environmental Harm: Companies are often strictly liable for pollution or toxic spills.
● Dangerous Activities: Activities like using explosives or keeping wild animals usually
come with strict liability because they are very risky.
Conclusion
The strict liability rule from Fletcher vs. Rylands makes people responsible for damage caused
by dangerous things they bring onto their land, even if they aren't careless. This encourages
people to be careful with risky activities. Modern updates to the rule make sure it's fair and
reasonable.
Or
The rule of strict liability formulated by Justice Blackburn in the case of Rylands v. Fletcher
(1868) LR 3 HL 330 established an important principle in tort law regarding liability for damages
caused by inherently dangerous activities or conditions. Here’s an explanation of the rule and
potential modifications:
Rule of Strict Liability in Rylands v. Fletcher
Background: In this case, the defendant built a reservoir on his land to store water. The reservoir
accidentally flooded the plaintiff's mine when it burst, causing damage.
Justice Blackburn's Rule: Justice Blackburn said that if someone brings something onto their
land that could cause harm if it escapes, they are responsible for any harm it causes, even if they
were careful to prevent it.
Key Points:
1. Unusual Use of Land: The defendant must use their land in a way that's not normal and
could be risky, like building a reservoir over old mine shafts.
2. Escape: Something must escape from the defendant's land and cause harm somewhere else,
like water flooding the plaintiff's mine.
3. Damage: The escape must actually damage someone else's property.
4. Strict Responsibility: The defendant is responsible for the damage, even if they didn't
mean for it to happen and even if they took precautions to prevent it.
Modifications or Considerations
1. How It Applies: Courts decide how broadly this rule applies to different situations, like
modern industrial activities or environmental issues.
2. Defenses: There are ways defendants can defend themselves, like showing the plaintiff
agreed to take the risk or if the escape was because of something they couldn't control, like a
natural disaster.
3. Modern Issues: Today, people debate how this rule should apply to things like pollution or
other environmental problems caused by businesses.
4. Making It Fair: Some people think this rule should change to fit how society thinks about
fairness and protecting the environment better.
Conclusion: Justice Blackburn's rule in Rylands v. Fletcher says people are responsible if
something dangerous on their land causes harm somewhere else. It's a big part of how we decide
who pays when accidents happen because of risky things people do on their property.
5.a) Discuss about the remedy available for the damage caused to the aggrieved party.
Under tort law, if someone has been harmed, they can get help through different types of
remedies. Here are the main ones in simple terms:
1. Damages
This means getting money to make up for the harm done. There are two kinds:
● General Damages: Money for things that can't be easily measured, like pain and suffering.
● Special Damages: Money for specific costs, like medical bills and lost wages.
2. Injunction
This is a court order that tells someone to stop doing something or to do something specific. There
are two types:
● Interim Injunction: A temporary order to prevent more harm until the case is decided.
● Permanent Injunction: A long-term order given when the case is settled.
3. Restitution
This means giving back what was taken or compensating for the benefit gained unfairly.
4. Specific Performance
This is when the court orders someone to do something specific they were supposed to do, often
used when money isn't enough to fix the problem.
5. Declaratory Judgment
This is a court statement that clarifies the rights and duties of each party, helping to prevent
further disputes.
6. Reformation and Rescission
● Reformation: Changing a contract to reflect what the parties really intended if there was a
mistake.
● Rescission: Canceling a contract and returning to the situation before the contract was
made.
These remedies help fix the harm done and make things fair for the injured party.
or
When someone suffers harm or damage due to the actions of another, they may seek remedies to
address the losses incurred. The type of remedy available depends on the nature of the harm and
the legal principles governing the situation. Here are common remedies available for damage
caused to the aggrieved party:
Remedies for Damage
Compensation (Damages):
Definition: Compensation, often called damages, is the most common remedy sought. It aims to
financially reimburse the aggrieved party for losses suffered due to the defendant's actions.
Types: Damages can be:
Compensatory: Meant to cover actual losses like medical expenses, property damage, or lost
income.
Punitive: Sometimes awarded to punish the defendant for particularly harmful or reckless
behavior.
Nominal: Symbolic damages awarded when no actual loss occurred but a legal right was violated.
1. Injunction:
Definition: An injunction is a court order that requires the defendant to do or refrain from doing
something. It's used to prevent further harm or enforce specific actions.
Types:
Prohibitory: Stops the defendant from continuing harmful actions.
Mandatory: Orders the defendant to take certain actions, like cleaning up pollution or repairing
damage.
2. Specific Performance:
Definition: This remedy requires the defendant to fulfill their contractual obligations or perform a
specific act as agreed upon in a contract or legal agreement.
Application: Typically used in contract disputes where money alone may not adequately
compensate the aggrieved party.
3. Restitution:
Definition: Restitution involves returning property or restoring a benefit wrongfully taken from
the aggrieved party.
Purpose: It aims to restore the aggrieved party to the position they were in before the wrongful
act occurred.
4. Rescission:
Definition: Rescission cancels a contract or agreement, treating it as if it never existed. It's used
when one party was misled or coerced into entering a contract.
Outcome: Both parties return to their original positions before the contract was made.
Choosing the Right Remedy
Legal Advice: It's important for the aggrieved party to seek legal advice to determine the
appropriate remedy based on the specific circumstances of their case.
Court Decision: The court considers various factors, including the type of harm, evidence
presented, and applicable laws, when deciding on remedies.
Each of these remedies aims to provide justice and restore the aggrieved party as much as possible
to their pre-damaged state or compensate them fairly for the harm suffered.
5.b) Is it justified to say that wherever a man has a right the law should provide a remedy?
Certainly! Here's a simplified version:
Justification:
- Protection of Rights: it ensures people can defend their rights and discourages wrongdoing.
- Access to Justice: Allows individuals to seek compensation for harm caused by rights violations.
- Legal Certainty: Clarifies how disputes are resolved, promoting consistency.
- Deterrence: Encourages compliance with laws by outlining consequences for violations.
Application:-Civil Law: Provides remedies like compensation, orders to stop actions, or specific
actions.
- Constitutional Rights:Ensures rights are enforced against government actions.
Criticism and Limitations:

- **Practical Challenges:** Sometimes impractical or costly to provide remedies.
- Balancing Interests: Courts balance fairness and societal needs.
Conclusion: This principle is vital for upholding justice and protecting rights, despite varying
applications across legal systems.
6.Write short notes on following (any three)

a) Act of God
b) Pigeon hole theory
c) Public and Private nuisance
d) vicarious liability
a) Act of God
Definition: An Act of God refers to an unforeseeable natural event or disaster that causes damage
or destruction. It is beyond human control and could not have been prevented with reasonable care
or foresight.
Examples: Earthquakes, hurricanes, floods, lightning strikes, and volcanic eruptions are
commonly cited examples.
Legal Implications: In legal contexts, Acts of God may excuse parties from fulfilling contractual
obligations or liabilities if they are directly caused by such events.
b) Pigeonhole Theory
Definition: The Pigeonhole Theory is a legal principle used in contract law that emphasizes the
importance of strict adherence to contractual terms. It states that parties are bound by the precise
terms of their agreement and cannot rely on informal or implied understandings that are not
explicitly stated in the contract.
Application: Courts apply the Pigeonhole Theory to interpret contracts strictly according to their
written terms. This approach ensures clarity and certainty in contractual obligations.
c) Public and Private Nuisance
Public Nuisance: Affects the general public or a community at large, such as pollution,
obstructing a public road, or creating a loud disturbance that disrupts public peace.
Legal Action: Remedies may include injunctions to stop the nuisance or fines imposed by
regulatory authorities.
Private Nuisance: Affects individuals or specific properties, like excessive noise, offensive odors,
or encroachment on property boundaries.
Legal Action: Affected individuals can seek damages or injunctions against the party causing the
nuisance.
d) Vicarious Liability
Definition: Vicarious Liability holds one party responsible for the actions or omissions of another
person, typically an employee or agent, who is acting on behalf of the liable party.
Employer-Employee Relationship: Employers are often vicariously liable for the actions of their
employees committed within the scope of their employment.
Legal Basis: This principle ensures that injured parties have recourse to compensation from
financially responsible parties, typically the employer or principal, rather than solely the
individual employee or agent.
These concepts are foundational in various areas of law and provide frameworks for
understanding responsibilities, liabilities, and legal remedies in different contexts.
Or
a) Act of God:
**Definition:**
An Act of God is a natural disaster or event that couldn't have been predicted or prevented with
reasonable care. Examples include earthquakes, hurricanes, floods, lightning strikes, and volcanic
eruptions.
**Legal Implications:**
In law, Acts of God can excuse parties from fulfilling their contractual duties or liabilities if
caused directly by such events.
b) **Pigeonhole Theory:**
**Definition:**
The Pigeonhole Theory in contract law says parties must stick strictly to what's written in their
contract. They can't rely on informal or implied understandings not clearly stated.
**Application:**
Courts use this theory to interpret contracts precisely, ensuring clarity about what each party must
do.
c) **Public and Private Nuisance:**
**Public Nuisance:**
Affects the public or a community, like pollution, blocking public roads, or loud disturbances.
**Legal Action:**
Can lead to injunctions to stop the nuisance or fines from authorities.
**Private Nuisance:**
Affects individuals or specific properties, such as noise, odors, or property boundary issues.
**Legal Action:**
People affected can seek damages or court orders to stop the nuisance.
d) **Vicarious Liability:**
**Definition:**
Vicarious Liability makes one party responsible for another's actions, like employers for their
employees' actions during work.
**Legal Basis:**
Ensures injured parties can seek compensation from the employer or principal, not just the
individual employee.
These concepts help understand legal responsibilities, liabilities, and how courts handle different
situations.
2023
1. How is trespassing to land committed? What are the constituent elements of trespassing to
land? Explain the defences available for justifying a case of trespassing to land.
**Trespass to Land:**
**How it Happens:**
Trespass to land happens when someone goes onto someone else's property without permission.
**Key Elements:**
1. **Intentional Entry:** The person must deliberately step onto the property without permission.
2. **Without Permission:** They must enter without the owner saying it's okay. Even if they
think they have permission but don't, it's still trespass.
3. **Interference:** It includes things like damaging property or disturbing the owner's use of it.
**Defenses:**
1. **Permission:** If the owner allows them to enter, it's not trespass.
2. **Necessary:** Trespass might be okay if it's needed to prevent something worse, like saving a
life or stopping serious damage.
3. **Legal Right:** Some people, like firefighters or government workers doing their job, can go
onto private property legally.
4. **Long Use:** In some places, using land for a long time without the owner complaining can
give rights to keep using it.
Understanding these basics helps see how trespassing to land happens and when it might be okay
under the law.
Conclusion: Understanding trespassing to land involves recognizing the intentional and
unauthorized entry or interference with another person's property. The legal principles
surrounding trespass ensure protection of property rights while also considering valid
justifications or defenses in specific circumstances.
2.a) Explain 'defamation'. Illustrate the differences between 'slander' and 'libel".
**Defamation Definition:**
Defamation is saying something untrue about someone that hurts their reputation. It can be spoken
(slander) or written (libel). To be defamation, the false statement must harm the person's
reputation, making others think less of them. It must also be told to someone else, not kept private.
In legal terms, defamation can lead to lawsuits where the harmed person asks for money to make
up for the damage caused. People accused of defamation can defend themselves by proving what
they said was true or showing they had a good reason to say it. Understanding defamation means
knowing the consequences of spreading untrue information that can harm someone's image or
standing.
**Differences Between Slander and Libel:**
- **Slander:** Spoken defamation, like gossip or accusations in public. It's harder to prove
because there's no permanent record.
- **Libel:** Written or published defamation, such as articles, social media posts, or books. It's
easier to prove because there's a permanent record of the false statement.
**Examples:**
- **Slander:** Accusing someone of theft loudly in a restaurant, damaging their reputation.
- **Libel:** Publishing an untrue article accusing a public figure of corruption, hurting their
professional reputation.
Understanding these differences helps grasp how defamation works in both spoken and written
forms, and the legal consequences it can bring.
or,
Defamation Definition: Defamation means saying something untrue about someone that hurts
their reputation. It can be spoken (slander) or written (libel). For it to be defamation, the untrue
statement must cause harm to the person's reputation, like making others think less of them. The
false statement also needs to be told to someone else, not just kept private. In legal terms,
defamation can lead to lawsuits where the person harmed asks for money to make up for the
damage caused. People accused of defamation can defend themselves by proving what they said
was true, or by showing they had a good reason to say it. Understanding defamation is about
knowing the consequences of spreading untrue information that can harm someone's image or
standing in the community.
Differences Between Slander and Libel
Aspect lander ibel
efinition poken defamation, typicallyWritten or published defamation, which

ansient in nature. an be permanent.
orm ral statements, gestures, orWritten words, pictures, or other

on-permanent expressions. ermanent forms.
Medium Verbal communication, including rinted media, online publications, or

roadcasts or speeches. ecorded broadcasts.
roof Usually harder to prove due to lack asier to prove as the defamatory
f tangible evidence. atement is tangible.
xamples Gossip, verbal accusations,Newspaper articles, social media posts,

anderous remarks in public. ublished books.
Remedies amages (monetary compensation) amages or injunctions, similar to

r injunctions (court orders to stop ander but tailored to written/published
he slander). ormats.
Illustration
Example of Slander: A person verbally accuses someone of theft in a crowded restaurant,
damaging their reputation.
Example of Libel: A newspaper publishes an article falsely accusing a public figure of
corruption, harming their professional reputation.
Summary
Defamation encompasses both slander (spoken defamation) and libel (written or published
defamation). The distinction between slander and libel lies primarily in the medium through
which the defamatory statement is communicated—slander is oral, transient, and typically harder
to prove, whereas libel is written, permanent, and often easier to document and prove in legal
proceedings. Both forms of defamation can result in legal action seeking remedies such as
monetary damages or court orders to cease the defamation.
2.b) What are the essential elements of defamation that need to be proved by the prosecution
in a case of defamation. Explain with examples.
\**Defamation Basics:**
**Essential Elements:**
1. **Publication:** The false statement must be shared with at least one other person, whether
spoken (slander) or written (libel).
2. **False Statement:** The statement must be untrue. Truth usually defends against defamation.
For example:
- A newspaper falsely accuses a public figure of a crime, damaging their community reputation.
3. **Harm to Reputation:** The false statement must damage the person's reputation, causing
ridicule, hatred, or loss of respect. For instance:
- Spreading rumors that a neighbor is involved in crime, leading others to distrust them.
4. **Fault or Negligence:** In some places, the accuser must prove the speaker knew or should
have known the statement was false.
**Examples:**
- **Slander:** Falsely accusing a business owner of cheating customers at a local event, causing
harm to their reputation.
- **Libel:** Writing online that a scientist faked research, even if later proven untrue, damaging
their professional reputation.
**Defenses Against Defamation:**
- **Truth:** If the accused can prove the statement is true, it's not defamation.
- **Privilege:** Some statements in legal or legislative settings are protected.
- **Opinion:** Expressing personal views usually isn't defamatory because it's subjective.
Understanding these points clarifies what's needed in a defamation case and the risks of damaging
someone's reputation with false statements.
3. Explain the idea of damage with specific reference to Ashby v. White. Why is it necessary
to identify 'real damage' and 'legal damage in a case of tort? Explain with relevant legal
terms.
**Damage in Tort Law: Real and Legal**
**Real Damage:**
Real damage, also called actual or compensatory damage, refers to tangible harm suffered by the
plaintiff. This includes physical injuries, property damage, financial losses, or emotional distress
directly caused by the defendant's actions. For example, if someone's car is damaged due to
negligence, the cost of repairs is real damage.
**Legal Damage:**
Legal damage refers to harm recognized by law, even without actual loss. This occurs when legal
rights are violated, leading to potential liability. For instance, in trespass cases where no physical
harm occurs but property rights are violated, legal damage is acknowledged.
**Ashby v. White Example:**

In Ashby v. White (1703), Mr. Ashby was denied his right to vote unlawfully. Despite no tangible
harm (real damage), the court recognized his legal right was violated (legal damage). He was
awarded compensation based on this breach of his voting rights.
**Importance of Identifying Both:**

- **Compensation Basis:** Real damage compensates for actual losses like medical bills or repair
costs. Legal damage compensates for breaches of legal rights.
- **Liability Determination:** Both types help courts assess if a defendant's actions or omissions
justify legal consequences.
- **Fairness:** Legal damage protects rights against infringement, promoting fairness by holding
wrongdoers accountable even without immediate harm.
Understanding and distinguishing between real and legal damage is crucial in tort law to ensure
comprehensive accountability and fair compensation for plaintiffs.
4. Analyze the provision relating to complaint and complainant's share in fine under the
Consumers Right Protection Act, 2009
Under the Consumers Right Protection Act, 2009 in Bangladesh:

1. Complaints: Consumers can file complaints against unfair practices or faulty
products/services.
2. Complainant's Share in Fine:
○ If a fine is imposed on a business due to a consumer's complaint, the complainant may
receive a portion of that fine.
○ This encourages consumers to report violations and helps enforce consumer rights
effectively.
3. Purpose:
○ It aims to protect consumers and hold businesses accountable for their actions.
○ By involving consumers in enforcement, it promotes fair practices in the marketplace.
4. Implementation Challenges:
○ Effective implementation requires clear processes for handling complaints and distributing
fines.
○ Awareness among consumers about their rights and the complaint process is essential.
5. Impact:
○ The Act strengthens consumer empowerment and ensures a fair market environment in
Bangladesh.
○ It encourages businesses to comply with consumer protection laws to avoid fines and
penalties.
In essence, these provisions empower consumers and promote fairness in business practices under
the law.
5. Briefly state the facts, issues, decision of the renowned Donoghue v. Stevenson' case, Why
is this case considered a major study in the law of tort? Explain.
Donoghue v. Stevenson:
Facts:
- In 1928, Mrs. Donoghue drank ginger beer from a bottle her friend bought.
- She found a decomposed snail inside after drinking some.
- She got sick and sued the ginger beer manufacturer, Mr. Stevenson, for being negligent.
Issues:
- Did Mr. Stevenson owe a duty of care to Mrs. Donoghue, even though she didn't buy the ginger
beer herself?
- Was finding a snail in the drink a breach of that duty?
**Decision:**
- The House of Lords ruled Mr. Stevenson owed Mrs. Donoghue a duty of care.
- This case established that manufacturers must take care to avoid harm to consumers.
- It's a key case in negligence law, setting rules for when someone is responsible for injuries
caused by their actions.
**Significance in Tort Law:**

- **Duty of Care:** It created rules saying people must take reasonable care not to harm others.
- **Consumer Rights:** It made sure manufacturers are responsible for the safety of their
products.
- **Legal Impact:** The case is a major study because it shaped how negligence and consumer
protection laws are understood and applied.
6. What is meant by "malicious prosecution" and what are its basic components? Provide a
brief examination of whether malicious prosecution exists within the legal system of
Bangladesh or not with specific reference to the relevant provisions of law.
**Malicious Prosecution:**
**Definition:**
Malicious prosecution is when someone sues another person, claiming they were wrongfully taken
to court with bad intentions and without a good reason.
**Basic Components:**
1. **Starting Legal Proceedings:** The plaintiff (the person suing) must show that the defendant
(the person being sued) started or continued legal action against them, like a criminal charge or a
lawsuit.
2. **No Probable Cause:** The plaintiff must prove there was no reasonable reason (probable
cause) for the legal action.
3. **Malice:** The plaintiff must show that the legal action was taken with bad intentions
(malice), like personal spite or wanting to cause harm.
4. **Outcome Favoring Plaintiff:** The legal case must have ended in a way that favors the
plaintiff, like being acquitted in a criminal case or winning a civil case.
**Malicious Prosecution in Bangladesh:**
In Bangladesh, malicious prosecution is recognized as a tort (a civil wrong) under common law. It
follows principles from English common law.
- **Proof Requirements:** Plaintiffs need to prove the same components: initiation of

proceedings, lack of probable cause, malice, and favorable termination.
- **Legal Remedies:** Wrongfully prosecuted individuals can seek damages for harm caused by
the malicious legal action.
- **Court Recognition:** Courts in Bangladesh recognize malicious prosecution claims based on
justice and fairness.
While Bangladesh may not have specific laws just for malicious prosecution, common law
principles and case law developments allow individuals to pursue these claims.
**Conclusion:**
In Bangladesh, malicious prosecution follows common law principles, letting people seek legal
remedies if they were unjustly taken to court with malice and without a good reason.
7 .a. State the aspects of consumer rights protection and enumerate the challenges of the
consumers' rights protection laws in Bangladesh. What will be your suggestions to make
those laws more effective?
Aspects of Consumer Rights Protection:
Consumer rights protection means making sure consumers are treated fairly and safely when they
buy things. Here are the main parts of consumer rights protection:
1. Right to Safety: Consumers should be safe from products or services that could harm
them, like dangerous goods or risky services.
2. Right to Information: Consumers deserve to know everything about what they're
buying—like the price, what's in it, and any risks it might have.
3. Right to Choice: Consumers should have the freedom to choose from different products
and services that are available.
4. Right to Redress: If something goes wrong with what they bought, consumers should be
able to get it fixed, replaced, or get their money back.
5. Right to Consumer Education: Consumers should know their rights and how to use them
to make smart decisions when they buy things.
Challenges of Consumers' Rights Protection Laws in Bangladesh:
Protecting consumer rights in Bangladesh faces some challenges:
1. Not Enough Awareness: Many people in Bangladesh don't know about their rights when
they buy things or how to complain if something goes wrong.
2. Weak Enforcement: Sometimes, the laws that protect consumers aren't enforced well, so
businesses might not follow the rules meant to protect consumers.
3. Corruption and Influence: Sometimes, unfair practices can happen because of corruption
or when businesses have too much influence over how laws are followed.
4. Complicated Processes: It can be hard and take a long time for consumers to complain
and get things fixed when they have a problem with what they bought.
5. Limited Help for Consumers: Organizations that help consumers might not have enough
money or people to help everyone who needs it.
Suggestions to Make Laws More Effective:
To make consumer rights laws work better in Bangladesh, here are some ideas:
1. Teach People About Their Rights: Have campaigns to teach people about what they can
expect when they buy things and how to speak up if something isn't right.
2. Train Officials Better: Make sure the people in charge of enforcing consumer protection
laws know how to do their job well and fairly.
3. Make Complaints Easier: Simplify the process for consumers to complain and get help
when they have a problem with what they bought.
4. Make Sure Laws are Followed: Check regularly to make sure businesses are following
the rules that protect consumers and give penalties if they don't.
5. Support Consumer Groups: Give more resources to groups that help consumers so they
can reach more people and help them better.
6. Update Laws When Needed: Change the laws as things change in the world of buying
and selling so consumers stay protected and treated fairly.
Conclusion:: By addressing these challenges and implementing these suggestions, Bangladesh
can enhance consumer rights protection, fostering a fair and safe marketplace where consumers
can confidently exercise their rights. Ensuring effective consumer protection not only benefits
individual consumers but also contributes to economic growth and social welfare.
7. b. Mr. X bought a Maruti car from a dealer named Bashir Enterprise. There was a delay
in delivery of the car. Subsequently, the dealer called upon the purchaser to make further
payment as the price of the car had gone up. Is the purchaser liable to pay the increased
price?
Mr. X bought a Maruti car from Bashir Enterprise but faced a delay in getting the car. Later,
Bashir Enterprise asked for more money, saying the car price had increased. Whether Mr. X has to
pay the extra amount depends on their purchase agreement and consumer protection laws.
Key Points:
1. Contractual Obligations:
○ When buying goods like a car, a contract is made, setting the sale terms, including the
price.
○ If the contract states a fixed price without allowing price increases for delays, Mr. X likely
doesn't have to pay more.
○ Contracts are binding, and changes usually need agreement from both sides unless the
contract allows for price adjustments.
2. Breach of Contract:
○ If Bashir Enterprise demands more money without a valid reason in the contract, it could
be a breach of contract.
○ Mr. X can enforce the original terms or seek legal remedies for any losses.
3. Consumer Protection Laws:
○ These laws protect buyers from unfair practices and unexpected price increases.
○ Sellers often cannot change prices after a purchase agreement is made without the buyer's
consent.
4. Legal Recourse:
○ Mr. X can:
■ Insist Bashir Enterprise follows the original terms.
■ Consult a lawyer for advice.
■ Negotiate a fair resolution with Bashir Enterprise.
5. Communication and Documentation:
○ Mr. X should review the purchase agreement, document all communications about the
price increase, and get any contract changes in writing.
○ Keeping records is important if there's a dispute.
Conclusion:
Mr. X's obligation to pay the higher price depends on the original purchase agreement and
consumer protection laws. He should understand his rights, communicate clearly with Bashir
Enterprise, and take steps to protect himself from unfair practices. By asserting his rights and
getting legal advice if needed, Mr. X can handle this situation effectively.
4o
8. Give short notes with examples:
a. Malicious Prosecution and False Imprisonment
b. Assault and Battery
c. Libel and Slander
d. Trespass to land and trespass to person.
a. Malicious Prosecution and False Imprisonment

Malicious Prosecution:
Definition: Malicious prosecution is when someone unfairly takes legal action against another
person without a good reason, and with bad intentions, causing harm to the person being accused.
Example: Someone lies and says their neighbor stole something just to be mean. The neighbor is
arrested but later found innocent. The neighbor can then sue for malicious prosecution.
False Imprisonment:
Definition: False imprisonment is when someone is held or detained against their will without a
good reason or permission.
Example: A store security guard wrongly thinks a shopper stole something and locks them in a
back room until the police come. The shopper, who did nothing wrong, can sue the store for false
imprisonment.
b. Assault and Battery
Assault:
Definition: Assault is when someone makes another person scared that they are about to be hurt,
and it looks like they can actually do it.
Example: Someone raises their fist like they are going to hit someone else, making the other
person afraid. Even if they don't actually hit, raising the fist can still be assault.
Battery:
Definition: Battery is the intentional and wrongful physical contact with another person without
consent, resulting in harmful or offensive contact.
Example: Punching someone in a fight or intentionally pushing them without their consent
constitutes battery. The key difference from assault is that battery involves actual physical contact.
c. Libel and Slander

Libel:
Definition: Libel refers to written or published defamatory statements that harm a person's
reputation.
Example: Publishing false information in a newspaper article or on social media that damages
someone's reputation could be considered libelous if it meets the legal criteria of being false,
damaging, and unprivileged.
Slander:
Definition: Slander refers to spoken defamatory statements that harm a person's reputation.
Example: Making false accusations against someone during a public speech or in a broadcast that
leads to harm to their reputation could be considered slander if it meets the legal criteria of being
false, damaging, and unprivileged.
d. Trespass to Land:
Definition: Trespass to land is when someone goes onto another person's property without
permission and won't leave when asked.
Example: Someone walks onto another person's yard without permission and refuses to leave
when told to. This is trespass to land.
Trespass to Person:
Definition: Trespass to person is when someone intentionally touches or interferes with another
person's body or belongings without their consent.
Example: Pushing someone, grabbing their arm, or invading their personal space without
permission can be considered trespass to person.
These examples illustrate the differences and legal implications of each category of tortious
behavior.
Consumer
Consumer rights are basic protections that guarantee fair treatment when buying goods or
services.
1. Pure food act or food safety act 2013
The Pure Food Act 2013, also known as the Food Safety Act 2013 in Bangladesh, is a
comprehensive legislation aimed at ensuring the safety, quality, and hygiene of food products in
the country. Here's an elaboration on its key aspects:
1. Composition of Pure Food Authority: The Pure Food Authority is typically composed of
experts in food safety, public health, and related fields. It includes members appointed by the
government who oversee and regulate food safety standards across various sectors.
2. Powers and Functions of the Chairman: The Chairman of the Pure Food Authority holds
significant responsibilities, including:
● Enforcement of Standards: Ensuring adherence to food safety regulations and standards.
● Policy Development: Developing and revising policies to improve food safety practices.
● Monitoring and Inspection: Conducting regular inspections of food establishments to
check compliance with hygiene and safety standards.
● Coordination: Coordinating with other governmental and non-governmental bodies
involved in food safety.
● Emergency Response: Initiating immediate actions in case of food safety emergencies or
outbreaks.
3. Composition of Pure Food Court: The Pure Food Court consists of judicial officers with
specialized knowledge of food safety laws. Its composition ensures expertise in handling cases
related to food adulteration, safety violations, and consumer protection issues.
4. Remedies Available under the Act: Under the Pure Food Act 2013, consumers and authorities
have several remedies:
● Legal Actions: Consumers can file complaints regarding unsafe food products or
violations of food safety standards.
● Fines and Penalties: Imposition of fines and penalties on offenders found guilty of selling
adulterated or unsafe food.
● Product Recall: Authority to order the recall of unsafe food products from the market to
prevent harm to consumers.
● Compensation: Provision for compensation to consumers who suffer harm due to
consumption of unsafe food products.
● Injunctions: issuance of injunctions to stop the sale or production of food items that pose a
risk to public health.
Summary: The Pure Food Act 2013 of Bangladesh is designed to protect consumers by ensuring
that food products are safe, hygienic, and meet quality standards. It establishes a regulatory
framework with clear responsibilities for the Pure Food Authority, Chairman, and Pure Food
Court to enforce these standards effectively and provide remedies in case of violations.
2. BSTI act 2013

The BSTI Act 2018 in Bangladesh focuses on regulating and ensuring standards for goods and
services. Here’s a breakdown:
1. Definition by Bangladesh Standard: The Bangladesh Standards and Testing Institution
(BSTI) Act 2018 defines standards for goods and services, ensuring they meet specific quality,
safety, and reliability criteria set by the BSTI.
2. Terms and Conditions for Granting, Issuing License: BSTI grants licenses to businesses
that comply with set standards. Terms include adherence to quality norms, safety protocols, and
regular inspections to maintain certification.
3. Inspections of Institutions and Factories: BSTI conducts routine inspections of
institutions and factories to verify compliance with standards. This ensures products meet required
benchmarks and assures consumers of quality and safety.
The BSTI Act 2018 aims to uphold quality standards, safeguarding consumer interests, and
promoting industry competitiveness through adherence to defined criteria and regular inspections.
3. Special power act 1974

The Special Powers Act 1974 in Bangladesh grants special powers to law enforcement agencies
for maintaining public order and addressing specific situations. Here’s an explanation of Section
25 (a, b, c, d):
Section 25 (a, b, c, d):

1. Section 25 (a): This section allows authorized personnel to use force, including lethal force
if necessary, to maintain law and order, suppress riots, or prevent violence that threatens public
safety.
2. Section 25 (b): It empowers authorities to arrest individuals without a warrant if there are
reasonable grounds to believe they are involved in activities that jeopardize public security or
disrupt public order.
3. Section 25 (c): This part permits searches of premises or persons without a warrant if there
are reasonable suspicions of involvement in activities threatening public security.
4. Section 25 (d): It authorizes the detention of individuals without a warrant to prevent them
from committing acts that could endanger public order or security
These provisions under Section 25 of the Special Powers Act 1974 are intended to empower law
enforcement agencies to swiftly and effectively respond to situations that pose significant threats
to public safety and order.
Or,
The Special Powers Act 1974 in Bangladesh gives authorities special authority to maintain public
order. Section 25 (a, b, c, d) allows:
● Use of force to control riots and violence.
● Arrest without a warrant for public security threats.
● Searches without warrants based on suspicion.
● Detention without a warrant to prevent public order disruptions.
These powers are aimed at swiftly dealing with situations that endanger public safety.
4. UN guidelines on consumer rights protection 1985

The UN Guidelines on Consumer Protection, established in 1985, outline principles to safeguard
consumer rights globally. They include 8 points emphasizing socio-economic conditions for
sustainable consumption:
1. Basic Needs: Ensuring access to essential goods and services.
2. Safety: Protecting consumers from hazardous products.
3. Information: Providing accurate product information.
4. Choice: Promoting variety and competitive pricing.
5. Representation: Advocating for consumer interests.
6. Redress: Access to fair compensation and dispute resolution.
7. Education: Enhancing consumer awareness and skills.
8. Healthy Environment: Encouraging sustainable consumption practices.
These guidelines aim to empower consumers, foster fair trade practices, and promote
environmentally conscious consumption worldwide.
5.composition of consumer association of bangladesh act

The Consumer Association of Bangladesh Act defines the structure and operations of consumer
associations in Bangladesh. Here’s a breakdown:
Composition: The association typically includes representatives from diverse sectors and
consumer rights advocates, ensuring broad representation.
Objects:
1. Advocacy: Protecting and promoting consumer rights.
2. Education: Raising awareness about consumer issues and rights.
3. Policy Influence: Influencing policies for fair trade and consumer protection.
4. Empowerment: Empowering consumers through information and advocacy.
Functions:
1. Advocacy and Lobbying: Representing consumer interests to authorities and
businesses.
2. Education and Awareness: Conducting campaigns and workshops on consumer rights.
3. Research and Monitoring: Investigating consumer complaints and monitoring market
practices.
4. Legal Assistance: Providing support in resolving consumer disputes and legal advice.
Complaints Handling Procedure:
1. Receipt: Accepting complaints from consumers regarding product or service issues.
2. Investigation: Investigating complaints to determine validity and resolution.
3. Mediation: Mediating between consumers and businesses to resolve disputes.
4. Resolution: Providing recommendations or pursuing legal action if needed to ensure
consumer rights are upheld.
The Consumer Association of Bangladesh Act aims to empower consumers, advocate for their
rights, and ensure fair treatment in the marketplace through effective representation and advocacy.
6. Drugs and cosmetic act
The Drugs and Cosmetics Act of Bangladesh regulates the manufacture, sale, distribution, and
quality control of drugs and cosmetics in the country. Here’s a simplified overview:
Offenses:
1. Manufacturing Violations: Producing drugs or cosmetics without proper licenses or in
unapproved facilities.
2. Sale of Substandard Products: Selling drugs or cosmetics that do not meet quality
standards or are adulterated.
3. Misbranding: Incorrectly labeling products with false information about their contents
or effects.
4. Spurious Drugs: Dealing in counterfeit or fake drugs.
5. Illegal Import or Export: Bringing in or exporting drugs or cosmetics without
authorization.
Punishment: Violations under the Act can lead to fines, imprisonment, or both, depending on the
severity of the offense and its impact on public health.
Trial Procedure:
1. Investigation: Authorities investigate alleged violations and gather evidence.
2. Charge: Accused individuals or entities are charged based on evidence gathered.
3. Trial: Legal proceedings occur in court, where the prosecution presents evidence and
the defense argues its case.
4. Verdict: The court delivers a verdict based on evidence presented and applicable laws.
The Drugs and Cosmetics Act of Bangladesh aims to ensure public health and safety by regulating
the production, sale, and distribution of drugs and cosmetics, with strict penalties for violations to
deter illegal practices and protect consumers.

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Introduction to tort law

the parties who can not sue

### "Damnum Sine Injuria"

### Key Cases:

1. **Gloucester Grammar School Case (1410)**

2. **Mayor of Bradford v. Pickles (1895)**

3. **Mogul Steamship Co. Ltd. v. McGregor, Gow & Co. (1889)**

4. **Chasemore v. Richards (1859)**

● Parties: Mr. Ashby (plaintiff) vs. Mr. White (defendant)

Feasance means doing.

Negligence in Tort Law:

Doctrine of Liability Apportionment: The doctrine of liability apportionment determines how

Sturges v. Bridgman (1879)

Tort vs civil wrong

#### Examples of Torts:

### Civil Wrong

#### Examples of Civil Wrongs:

### Key Differences:

1.(b) "Subordinate Courts of Bangladesh do not feel empowered to determine a tortious

Understanding the Statement

Res Ipsa Loquitur

3. Describe the principles of general defenses to an action of tort.

Powers of the Director General:

Functions of the Director General:

Differences Between Tort and Crime

utcome ompensation or damages to the unishment like fines, imprisonment, or

xample Negligence causing a car heft, murder, or assault.

efinition ne party is held liable for the iability without fault.

asis elationship between the partiesNature of the activity or ownership.

Differentiating Tortious Act from Crime

efinition reating a fear of imminentUnwanted physical contact

hysical Contact No physical contact required hysical contact is necessary

Key Focus ear or apprehension of harm Actual physical harm or offensive

xample aising a fist as if to hitHitting or pushing someone

Essential Elements of Trespass

efinition reating a fear of immediateUnwanted physical contact

hysical Contact No physical contact needed hysical contact is necessary

Key Focus ear or apprehension of harm Actual physical harm or offensive

xample aising a fist as if to hit someoneHitting or pushing someone

8.Write short notes on following:

a) Dammum Sine Injuria

Type of Harm Interference with property rights Personal injury or property

Intent Can be intentional or unintentional Generally unintentional

Key Focus Unreasonable interference Breach of duty of care

Examples Noise, pollution, odors Car accidents, medical

Proof Required Substantial and unreasonable Duty, breach, causation, and

Type Can be either public or private. Generally involves a private duty

Intent Can be intentional or unintentional Typically unintentional

Focus Focuses on the interference caused to Focuses on the defendant's failure

Examples - Noise pollution - Car accidents

- Air pollution - Medical malpractice

- Offensive odors - Slip and fall incidents

Remedies Injunctions, damages, abatement Damages, compensation for

2.b) How would you differentiate between Tort and Crime?

Aspect Tort Crime

Nature Private wrong Public wrong

Purpose Compensation for harm or Punishment, deterrence, and

Legal Action Lawsuit in civil court Criminal prosecution in criminal

1. Gloucester Grammar School Case (1410)

2. Mayor of Bradford v. Pickles (1895)

3. Mogul Steamship Co. Ltd. v. McGregor, Gow & Co. (1889)

4. Chasemore v. Richards (1859)

c) Public and Private Nuisance:

1. Permission: If the owner allows them to enter, it's not trespass.

Differences Between Slander and Libel:

- Slander: Accusing someone of theft loudly in a restaurant, damaging their reputation.

Defenses Against Defamation:

Ashby v. White Example:

Importance of Identifying Both:

Significance in Tort Law:

Malicious Prosecution in Bangladesh:

- Proof Requirements: Plaintiffs need to prove the same components: initiation of