B. L. DEGREE EXAMINATION, 1876.

MONDAY, 14TH FEB., 10 A.M. TO 1 P.M.

LAW OF EVIDENCE.

T. MUTTUSAMI AIYAR, B.L.

I. In what circumstances are collateral facts admissible in evidence in civil and criminal cases? Give examples.

II. A becomes a surety on a bond conditioned for the faithful conduct as clerk of B, explain whether in an action against the surety confessions of embezzlement made by the clerk, before and after his dismissal, and entries made by him in the discharge of his duty, are evidence.

III. Mention the presumptions respecting the execution, alteration, revocation, and construction of wills and the reasons on which they are founded.

IV. Explain the rule that parol evidence may be admitted in connexion with a written instrument to charge the principal but not to discharge the agent. Cite cases.

V. What did Wigglesworth v. Dallison, Ivat v. Finch, Crease v. Barrett, and Richards v. Bassett, decide?

VI. A is tried for the murder of B and the following evidence is adduced against him. State if it is relevant under the Evidence Act with reasons for your answer.

(1) That some one at the scene of murder cried out

"B is being murdered by A."

(2) That A has no ostensible means of livelihood.
(3) That his name is entered in the list of suspicious
characters kept at the Police office.

(4) That A mentioned to his wife that C murdered B.
(5) That B had seducea A's sister.

VII. Explain the rule that a confession made under an inducement held out by a person in authority is inadmissible.

VIII. A sues B on a promissory note payable 3 months after date. B produces oral evidence to show that the note was given, not for money lent as it purports to be, but to secure a sum of money which B agreed to pay in case B refused to marry A and that A married C within the period. Is the foregoing evidence admissible? Supposing A endorses the note before or after the period, and the suit is brought by the endorsee, would it make any difference? Give reasons.

IX. What are the limits within which parol evidence is admissible in connexion with the presumption of advancement and the specific performance of contracts in writing?

X. Mention the cases in which a notice to produce is not necessary to entitle a party to adduce secondary evidence. Give reasons.

XI. Distinguish between private and public documents, evidence in causa and extra causam, pre-appointed and casual evidence, and presumption and fiction. Give illustrations.

XII. Explain and illustrate the doctrine of privity of estate as a rule of evidence.

(i) Communications between husband and wife which are

privileged.

(ii) Communications between Attorney and Client which are not privileged.

(iii) The circumstances in which former depositions are admissible in a subsequent proceeding.

MONDAY, 14TH FEB., 2 TO 5 P.M.
CONTRACTS.

H. H. SHEPHARD, M.A.

I. At what moment does a contract concluded by correspondence between the parties become complete ?

II. Analyze the contract effected between seller and buyer at an auction sale.

III. Defendant is sued for the price of goods which he has purchased from an agent of Plaintiff, that agent being his debtor in respect of other transactions. What defence do these facts suggest? State the averments necessary to make it complete..

IV. The owner of a quantity of salt stored in the godowns of a Railway Company sells 5000 maunds to the Plaintiff, who obtains a delivery order for that quantity. Afterwards he sells the whole quantity, which turns out to be 6000 maunds, to the Defendantwho obtains possession accordingly from the Company. What are the rights of Plaintiff and Defendant?

V. An employer obtains from the friend of a servant whom he engages, a guarantee for his fidelity and honesty during one year. In the early part of the year he detects the servant in acts of dishonesty, but does not inform the friend. Before the year closes the servant is guilty of further acts of dishonesty, which result in loss to the employer-who thereupon brings an action against the friend on the guarantee. Has the latter any defence ?

VI. In the month of January A contracts with B to deliver 1000 bales of cotton in June or July-but in March he announces his inability to carry out his contract. B takes no notice of this announcement, but when the bales are notwithstanding the notice actually forwarded to him in June, he refuses to accept them. Is he bound to accept them?

VII. A boat builder undertakes the building of a boat for a customer on the terms that the purchase money is to be paid by four instalments as four specified stages of the building are completed. One of the instalments is paid and half the building is completed, when the unfinished boat, as well as the materials about to be used in the building, are destroyed by fire. Upon which party should the loss fall?

VIII. Goods are sold by A to B for an illegal purpose of which both are conscious, and the purchase money is paid by B to X, A's agent. Before X has paid it over, he dies. Can A recover it against the representatives of X?

IX. A being sued by B for an alleged debt of Rupees 10,000— which he entirely denies, gives a promissory note of Rupees 5,000,

and the suit is abandoned, Has A any defence to an action brought upon such promissory note ?

X. State exceptions to the general rule that contracts must be mutual, that is, binding on each party at the same time.

XI. Defendant agrees to deliver a given quantity of coal to Plaintiff in the month of June, but before the time for delivery has arrived he requests and obtains of Plaintiff an extended time for delivery. When the time so extended has elapsed, Defendant is still in default, and is accordingly sued for breach of contract. The price of coal having risen between this last mentioned date and the date of the contract-what point of time should be chosen for fixing the damages payable by Defendant.

XII, What considerations determine the question whether an action lies to recover money paid for a vicious consideration?

TUESDAY, 15TH FEB., 10 A.M, TO 1 P.M.

TORTS.

H. H. SHEPHARD, M.Á.

I. State the necessary constituents of a tort, and classify the torts recognized in English law according to the moral character of the act.

II. Defendant falsely makes a statement with regard to the Plaintiff's character, which though not defamatory in itself nor connected with the Plaintiff's trade, results in his being dismissed from his employment. Does an action for slander lie?

III. Is intention to injure or deceive a necessary ingredient in a case, where an action is brought for damage incurred by reason of a false representation of authority made by Defendant ?

IV. A company is incorporated for the purpose of supplying and maintaining waterworks in a town and the Act directs that the pipes are to be kept constantly charged with water for the benefit of such inhabitants as shall agree to take it, and also directs that such persons are to be allowed to use the water for the purpose of extinguishing fire. The premises of an inhabitant using the water

are burnt down in consequence of the company neglecting to keep sufficient water in the pipes. Does any action lie against the company?

V. A contractor engages for a fixed sum to build a bridge. During the building certain water belonging to a neighbouring landowner is in consequence of his negligence allowed to escape and impede the building to such an extent that the contractor eventually makes nothing by his contract. Is he entitled to recover from the landowner the anticipated profit which he has lost?

VI. What kind of damages should be awarded in the following cases?

In an action for slander of title.

In an action for assault.

In an action for negligence against a carrier of goods.
In an action for trespass to land.

VII. A tradesman induces another person to take over his business and purchase the good-will by false representations as to the magnitude of the profits, at the same time offering to allow him to see the books. Without availing himself of this offer, the purchaser takes over the business, and subsequently discovers that the profits are much smaller than were represented to him. What remedy (if any) has he against the seller?

VIII. Set out the allegations necessary to form a plaint in an action (a) for malicious prosecution, (b) for mischief done by an animal, and (c) for personal injuries to plaintiff in consequence of improper condition of premises into which he had come.

IX. Within what limits does the right of self-defence excuse an act which would otherwise amount to a trespass ?

X. On what principie do actions in respect of some torts die with the person injured, while those in respect of others survive to his representatives?

XI. Explain and illustrate the principles whereby you should determine

(a.) Whether or not it is necessary to prove malice in fact. (b.) Whether a given act of negligence is excused by contributory negligence on the part of the plaintiff.