The question (10 marks)
Explain the essentials of the tort of negligence. In a problem, how does a plaintiff prove breach when the accident 'speaks for itself'? Illustrate with Indian and English cases. (10 marks)
Original question written for this pack on the pattern of the University of Mumbai LL.B. papers.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 8 · Negligence of Law of Torts, Motor Accident Claims and Consumer Protection.
Authorities you will need
- Donoghue v Stevenson [1932] AC 562
- Municipal Corporation of Delhi v Subhagwanti
- Jacob Mathew v State of Punjab
- Blyth v Birmingham Waterworks Co (1856) 11 Ex 781
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.