LL.B. (Five Years) Sem 5 Torts 2018-19 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: Please check whether you have got the right question paper. All questions are compulsory. Cite relevant case laws wherever possible.

SECTION I - Answer the following in not more than two sentences (all compulsory) 20 Marks

1. Q1 Define 'Tort'.
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2. Q2 What does 'Accord' and 'Satisfraction' mean?
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3. Q3 What are Extra Judicial Remedies?
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4. Q4 What is 'Battery'?
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5. Q5 Explain the terms 'Malfeasance' and 'Misfeasance'.
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6. Q6 What does 'Volenti Non fit Injuria' mean?
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7. Q7 Explain Scienter Rule
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8. Q8 Define the term 'Appropriate Laboratory' under Consumer Protection Act, 1986.
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9. Q9 Define the term 'complainant' under consumer Protection Act, 1986.
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10. Q10 Define the term 'deficiency' under Consumer Protection Act, 1986
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SECTION II - Short Notes (any four) 20 Marks

1. Q11 Nuisance
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2. Q12 Consumer
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3. Q13 Central Consumer Protection Council
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4. Q14 Six carpenter's case
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5. Q15 Res Ipsa Locquitur
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6. Q16 Libel
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SECTION III - Solve (any Two) 12 Marks

1. Q17 A barrel of flour rolled out of an open window from the first floor of Asha's house and fell upon Divya who was going on a public street passing by the side of Asha's house and injured her.
   • (i) Who is liable? Why?
   • (ii) What is contributory Negligence?
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2. Q18 At the end of journey 'A' the conductor of an Omnibus company, in the temporary absence of the bus driver, began to drive the bus for turning it round for the return journey, in doing so he ran over Mr. 'B'.
   • (i) Is there any remedy available to Mr. 'B'? Why?
   • (ii) What would be the effect if the driver of the bus is driving the bus? Why?
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3. Q19 Mr. Ravi purchased tickets of 'XYZ' Airlines to travel from Mumbai to Delhi. Flight was delayed. 'XYZ' Airlines failed to inform Mr. Ravi about change in time of departure. On Account of this, Ravi had to wait for 6-7 hours.
   • (i) What is the remedy available to Ravi? Why?
   • (ii) Is XYZ Airlines liable? Why?
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SECTION IV - Answer in detail (any four) 48 Marks

1. Q20 What are general defences available in an action of Tort?
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2. Q21 What is the rationale of strict liability? Explain with reference to Rylands V/S Fletcher.
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3. Q22 Discuss different kinds of damages awarded in an action of a Tort?
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4. Q23 Discuss 'Damnum sine Injuria' and 'Injuria sine Damnum' citing relevant case laws.
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5. Q24 Explain the three tier system of Consumer Redressal Agencies under Consumer Protection Act, 1986.
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6. Q25 Explain in detail the Aims and objects of the consumer Protection Act, 1986.
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