B. L. DEGREE EXAMINATION, 1879.

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

EVIDENCE.

T. M. BUSTEED, ESQ.

I Under what circumstances are the opinions of third persons relevant?

II. What is meant by "hearsay" evidence ?

In an action for libel in having imputed fraud to plaintiff, a witness is asked whether he did not on a previous occasion hear defendant say plaintiff was his enemy. Is the question allowable ?

III. In an action for Malicious Prosecution by A v. B, the record of an action for false imprisonment, in which A recovered judgment against B, also the record of an action for Malicious Prosecution in which C recovered judgment against B, are offered in evidence and objected to. Are the objections valid ?

IV. In an action upon an account-stated, to which defendant has put his signature in plaintiff's book, but which has not been stamped can plaintiff recover?

In an action against a ship's agent for wrongful conversion of 10 bags of rice, part of 100 bags for which plaintiff holds the bill of lading and defendant's delivery order, the bill of lading is offered as evidence of possession. It is objected to. Is the objection

valid ?

V. Under what circumstances are confessions admissible in evidence.

VI. What are "patent" and "latent" ambiguities, and what is the law applicable to each?

VII. A brings an ejectment on the title against B for certain land, and admits in cross-examination that B is lessee for an unexpired term from him of the land, but under a lease which should have been, but is not, registered. Will A succeed?

In an action of ejectment on the title, plaintiff produces an old Collector's Certificate of the land in the name of A. B., and proves a grant of the same of subsequent date by C. D., to his father, and that he is his father's heir. Defendant simply denies plaintiff's title. Who will succeed?

A plaintiff's title deeds are in the hands of an attorney who, on being subpoenaed to produce them, declines to do so on the ground of a lien for costs. Is the objection valid? If it is, can plaintiff give secondary evidence of their contents ?

VIII. What is an estoppel, and how many kinds of estoppel are there?

IX.

Under what circumstances, and subject to what restrictions, are questions irrelevant to the suit allowable ?

X. Under what circumstances is evidence of general character admissible ?

MONDAY, 10TH FEB., 2 TO 5 P.M.

CONTRACTS.

T. M. BUSTEED, ESQ.

1. What is meant by “free consent” to a Contract? Explain and illustrate the difference between fraud and mistake as affecting Consent?

II. What is meant by the Consideration for a Contract? What actions are maintainable on an executed consideration without an express promise?

Upon an executory consideration, plaintiff's part of the agreement not being fully and properly performed, under what circumstances are actions maintainable ?

III. What is a sale of goods and how is it effected?

When does the right to resell arise ?

IV. What is a bill of lading, and what obligations and rights are created by it?

Sketch a defence to an action on a bill of lading against

owners of ship for short delivery of 100 bags of rice marked XY "weight and contents unknown."

V. State and illustrate the difference between negociable instruments and other simple contracts.

Indorsee v. accommodation acceptor. Sketch one or more defences.

Indorsee v. maker of note. defence: no consideration for indorsement and none for making-must the defence succeed?

VI. What are the duties of a bailee for hire ?

A, who carries the goods of all comers for hire, loses those of B and C, the former negligently, the latter without negligence. What are his liabilities to each ?

VII. Wherein do general and special agents differ?

A not being in fact B's agent, contracts with C on B's be half to sell and deliver him 500 bags of rice. Can B be bound by the Contract?

A being authorised by B only to sell his horse, in addition warrants him sound. Can B be bound by the warranty?

VIII. Can a vendee or pawnee of goods ever acquire a better title than the vendor or pawnor respectively? Can you refer to any recent decisions on this subject?

IX. What is a contract of indemnity?

A contracts to indemnify B against the consequences of having exceeded his authority as C's agent; also against the

consequences if he would exceed his authority as D's agent. Is A liable in both cases?

X. What is a seller's lien? How is it created, and what are its effects ?

TUESDAY, 11TH FEB., 10 A.M. TO 1 P.M.

TORTS.

T. M. BUSTEED, ESQ.

I. Distinguish between false imprisonment and malicious arrest. A having a judgment against B, causes B to be arrested for a larger balance than is actually due, believing such larger balance to be due. Has B any right of action against A ?

II. What is a malicious prosecution? What must plaintiff prove, and what would constitute a valid defence to the action ?

B having committed breach of trust to A's knowledge, A maliciously prosecutes him. The prosecution fails. B brings an action for malicious prosecution. Who will succeed? III. Distinguish between libel and slander as actionable wrongs. Under what circumstances will untrue spoken words believed to be true, be actionable and not actionable respectively? Under what circumstances will untrue words written and published on a privileged occasion, be actionable and not actionable respectively?

IV. The Madras Railway Company and the British Indian Steam Navigation Company both accepted goods from A to be safely carried to Salem and Rangoon respectively, each contract providing that the Carrier should not be answerable for any loss however occasioned. A's goods are lost by the carrier's negligence in each case. What are A's rights in each case?

V. To succeed in an action against defendant for injury to plaintiff by the negligent driving by defendant's servant of defendant's carriage along the public highway, what must plaintiff prove, and what will constitute a valid defence?

A is run over and injured by the negiligent driving of a Commissariat cart and brings an action against the driver's official superior. What damages, if any, will he recover?

VI. Define and distinguish" public nuisance” and “ private nuisance." What are the remedies applicable to each ?

VII. Under what circumstances will a principal be answerable for the fraud of his agent?

VIII. Distinguish between trespass upon and conversion of chattles. How do trover and detinue differ?

A purchases B's bangle not knowing that it had been stolen, paying its full value for it, and refuses to give it up on demand, unless upon payment by B of the money he gave for it. Can B maintain an action for its conversion?

A has stolen from him a 100 Rs. Bank Note and brings an action against B, a rice merchant who innocently took it in