Unit IV · Jurisprudence

Sources of obligation and vicarious liability

Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Statute sections

Act / instrument	Section	Name
Indian Contract Act, 1872	37	Obligation of parties to contracts

Landmark cases

Rylands v. Fletcher

(1868) LR 3 HL 330 · House of Lords

Strict liability can arise without fault.

State of Rajasthan v. Vidyawati

AIR 1962 SC 933 · Supreme Court of India

The State may be vicariously liable for employees’ torts.

Previous-year questions

Mapped 6 / 10 / 15-mark questions on this topic. Frequency is how many papers repeat the question.

6 Vicarious liability. · 2×
6 Strict Liability. · 2×
15 What are the relative merits and demerits of legislation and precedent as sources of law? · 2×
6 Law of obligation. · 1×
6 What is obligation? · 1×
6 Concept of strict liability. · 1×
6 Measure of Criminal Liability. · 1×
10 X killed Y under sudden and grave provocation. X was prosecuted for the offence of murder. Decide the criminal liability of X. · 1×
10 The parents allowed their minor children to ride a motorcycle without a driving license. They drove the vehicle negligently and caused injuries to a pedestrian. Are the parents liable for the wrong committed by their children? If yes, which kind of liability is it? Explain the rationale of such a liability. · 1×
10 An incorporated company is carrying on an industrial activity which is hazardous in nature. Due to leakage of poisonous gas from the unit, the people residing in that locality were affected. Is the Managing Director of the company liable? Discuss the liability of the company. · 1×
10 Mr. X has dug deep tube wells, maliciously, on his own land, intercepting the flow of ground water. As a result, his neighbour's well became dry. Is X liable for it? Discuss in the light of a decided case and the general law of civil liability. · 1×
10 There was a large scale leakage of deadly gas from a private industry located in the heart of the city. As a consequence of this leakage, a number of people died and several others were affected. An action was brought before the Supreme Court through a writ petition seeking compensation for the victims. Discuss the nature, scope and extent of the liability of the private industry. · 1×
10 The leakage of poisonous gas from a chemical industry affected the life and health of people living in that area. This industrial activity was carried on by an incorporated company. Is it an offence punishable with imprisonment? If so, how is the punishment to be executed against the company? Discuss the theories of corporate criminal liability. This paper's. · 1×
15 Define obligation and discuss the various sources of obligation. · 1×
15 Discuss 'mens rea' as an essential condition of penal liability. · 1×
15 Discuss critically obligation arising out of contract and quasi-contract. · 1×