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LLB Examination Civil Law: Property, Torts and Equity Flashcards
52 question-and-answer cards covering Civil Law: Property, Torts and Equity as it is examined in LLB Examination. 24 of them are printed below, taken from across the deck — no signup, no paywall on the preview.
24 sample cards from the Civil Law: Property, Torts and Equity deck
Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.
What is 'contributory negligence'?
Where the plaintiff's own want of care contributes to the harm suffered. The plaintiff's damages are reduced in proportion to their share of fault (under apportionment principles) rather than the claim being wholly defeated.
Define the tort of 'nuisance'.
Nuisance is an unlawful interference with a person's use or enjoyment of land, or of some right over or in connection with it. It involves an unreasonable interference, not necessarily a direct physical entry.
Distinguish public nuisance from private nuisance.
Public nuisance affects the public or a class of people generally (e.g. obstructing a highway) and is a crime; a private individual can sue only on proof of special damage. Private nuisance affects a particular individual's use/enjoyment of their land and is a tort.
What are the essentials of a private nuisance?
(1) Unreasonable or unlawful interference; (2) with the use or enjoyment of land or some right connected with it; (3) causing damage or injury to the plaintiff. The interference must be substantial and continuous.
Distinguish nuisance from trespass.
Trespass is a direct physical interference with possession of land and is actionable per se. Nuisance is a consequential or indirect interference with the use/enjoyment of land and generally requires proof of damage.
Define 'defamation'.
Defamation is the publication of a false statement which tends to lower a person's reputation in the estimation of right-thinking members of society, or which causes him to be shunned, avoided, or exposed to hatred, ridicule or contempt.
Distinguish 'libel' from 'slander'.
Libel is defamation in a permanent form (writing, print, pictures) and is actionable per se; it may also be a crime. Slander is defamation in a transient form (spoken words, gestures) and generally requires proof of special damage (with exceptions).
What are the essential elements of defamation?
(1) The statement must be defamatory; (2) it must refer to (identify) the plaintiff; and (3) it must be published to a third person (someone other than the plaintiff). For slander, special damage is also usually required.
What are the main defences to an action for defamation?
(1) Justification or truth; (2) fair comment on a matter of public interest; and (3) privilege (absolute privilege, e.g. parliamentary/judicial proceedings, and qualified privilege).
What does the defence of 'justification (truth)' require in defamation?
The defendant must prove the defamatory statement is substantially true. Truth is a complete defence in a civil action, because the law does not protect a reputation a person does not deserve.
Define the tort of 'trespass to land'.
Trespass to land is the direct, unlawful interference with the possession of another's land — by entering it, remaining on it after permission ends, or placing/throwing any object upon it — without lawful justification. It is actionable per se.
Name the three forms of 'trespass to the person'.
(1) Assault — an act causing reasonable apprehension of immediate force; (2) Battery — the actual intentional application of force to another; and (3) False imprisonment — total unlawful restraint of a person's liberty.
Distinguish 'assault' from 'battery'.
Assault is an act that creates a reasonable apprehension in the plaintiff of imminent harmful or offensive contact, without contact. Battery is the actual intentional and direct application of force to the person of another without consent.
State the rule in Rylands v. Fletcher (strict liability).
A person who, for his own purposes, brings onto his land and keeps anything likely to do mischief if it escapes, must keep it at his peril; and if it escapes and causes damage, he is prima facie liable, however careful he was.
What are the essential conditions for liability under Rylands v. Fletcher?
(1) A 'dangerous thing' brought onto the land; (2) a 'non-natural use' of the land; and (3) an 'escape' of the thing from the defendant's land causing damage.
What are the recognised exceptions/defences to the rule in Rylands v. Fletcher (strict liability)?
(1) Plaintiff's own default; (2) act of God; (3) consent of the plaintiff; (4) act of a third party (stranger); (5) statutory authority; and (6) natural use of land.
Distinguish 'strict liability' from 'absolute liability'.
Strict liability (Rylands v. Fletcher) imposes liability without fault but admits exceptions (act of God, third party, etc.). Absolute liability imposes liability without fault and with NO exceptions, applied to enterprises engaged in hazardous activities.
What is the meaning and importance of 'absolute liability' (M.C. Mehta principle)?
Absolute liability holds an enterprise carrying on a hazardous or inherently dangerous activity fully liable for any harm from an escape, with no exceptions permitted. Laid down in M.C. Mehta v. Union of India (Oleum Gas Leak case).
Under the Transfer of Property Act, distinguish 'movable' from 'immovable' property.
Immovable property includes land, benefits arising out of land, and things attached to or permanently fastened to the earth (but excludes standing timber, growing crops and grass). Movable property is property of every other description, not so attached.
What three things are expressly EXCLUDED from 'immovable property' under the Transfer of Property Act?
Standing timber, growing crops, and grass — these are treated as movable property even though connected to the earth, because they are intended to be severed.
Define 'transfer of property' under Section 5 of the Transfer of Property Act, 1882.
'Transfer of property' means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and others. 'Living person' includes a company, association or body of individuals.
State the conditions of a valid 'transfer of property by act of parties'.
(1) Competent transferor (major, sound mind, authorised to transfer); (2) competent transferee; (3) property must be transferable; (4) lawful object and consideration; and (5) the transfer must be made in the form required by law (e.g. registration where necessary).
State and explain the 'doctrine of part performance' under Section 53A of the Transfer of Property Act.
Where a transferee, under a written contract to transfer immovable property, has taken possession and performed (or is willing to perform) his part, the transferor (and persons claiming under him) is barred from enforcing any right against the transferee inconsistent with the contract, even if the transfer was not completed by a registered deed.
What are the essential conditions for invoking the doctrine of part performance (Section 53A)?
(1) A written contract to transfer immovable property for consideration, signed by the transferor; (2) the terms are ascertainable; (3) the transferee has taken possession (or continued in possession) in part performance; (4) the transferee has done some act in furtherance of the contract; and (5) the transferee is willing to perform his part. It operates as a shield (equitable defence), not a sword.
What this deck covers
The Civil Law: Property, Torts and Equity deck follows the LLB Examination Civil Law: Property, Torts and Equity syllabus — 7 chapters and 29 topics — so questions land on material that is genuinely examinable rather than trivia around it. That works out to roughly 7.4 cards per chapter.
Answers are written to be recallable, not just readable — averaging about 234 characters, which is long enough to carry the reasoning and short enough to say out loud.
A deck like this earns its keep on the second and third pass. Read the syllabus first so you know the shape of the subject, then use the cards to find the specific facts that have not stuck.
Civil Law: Property, Torts and Equity flashcards FAQ
How many Civil Law: Property, Torts and Equity flashcards are in this LLB Examination deck?
52 cards. This page previews 24 of them, sampled evenly across the deck so you can judge the difficulty before installing anything.
Are these LLB Examination flashcards free?
Yes. The preview here is free to read with no signup, and the full 52-card deck is free inside the Examius app.
What do the Civil Law: Property, Torts and Equity cards cover?
They follow the LLB Examination Civil Law: Property, Torts and Equity syllabus — 7 chapters and 29 topics — so the questions track what is actually examinable.
How should I use these flashcards?
Read the syllabus first so you know the shape of the subject, then drill the deck. Examius schedules each card with spaced repetition, so cards you keep missing come back sooner and ones you know drift further apart.