BLS LLB 5 Years Sem 5 Torts 2023-24 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Answer in two sentences (Any Six) 12 Marks

1. Q1 What is the purpose of Law of Torts and what does it seek to protect?
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2. Q2 How does the Indian Consumer Protection Act 2019 address e-commerce transactions and online consumer protection?
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3. Q3 What is Private Nuisance?
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4. Q4 How does the concept of 'strict liability' apply in the Law of Torts?
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5. Q5 Explain the term 'Spurious Goods' under Consumer Protection Act, 2019.
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6. Q6 How are damages calculated in tort law and what factors are considered in determining the amount?
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7. Q7 What is the statute of limitations in tort law and how does it impact the timeframe for filing a claim?
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8. Q8 What remedies are available to consumers who have been affected by unfair trade practices?
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9. Q9 What is the difference between compensatory and punitive damages in tort law, and when are they awarded?
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10. Q10 What is the maximum punishment for misleading advertisements under the Consumer Protection Act 2019?
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SECTION II - Write short notes on any two of the following 12 Marks

1. Q11 Wagon Mound Case
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2. Q12 Actio Personalis Mortis Cum Persona
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3. Q13 Innuendo
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4. Q14 Consumer Rights
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SECTION III - Solve (any two) 12 Marks

1. Q15 Susan, a homeowner, notices that a tree on her neighbour's property is dangerously leaning towards her house. She notifies her neighbour about the potential hazard, but the neighbour fails to take any action. During a storm, the tree falls and damage Susan's roof.
   • (a) Can Susan hold her neighbour liable for the damage caused to her property? Explain.
   • (b) What is the neighbour's potential defence in this situation?
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2. Q16 Alice loans her bicycle to Bob for a day. While riding the bicycle, Bob accidentally collides with a pedestrian, causing injuries to the pedestrian.
   • (a) Can the injured pedestrian hold Alice liable for the accident caused by Bob? Explain.
   • (b) Can Alice argue that she is discharged from liability since she loaned the bicycle without any negligence on her part?
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3. Q17 A driver, Mary, negligently rear-ends another vehicle, causing minor damage to the rear bumper. The driver of the other vehicle, David, later experiences severe back pain and requires extensive medical treatment.
   • (a) Can David hold Mary liable for his back pain and medical expenses under the principle of remoteness of damage? Explain.
   • (b) Can Mary argue that she is not responsible for David's back pain since it was a pre-existing condition?
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4. Q18 Nirav bought 15 cars for his taxi company from Vijay. One of the car found to be defective.
   • (a) Can Ravi sue Vijay under Consumer Protection Act, 2019? What are the remedies available with Ravi?
   • (b) What are the defences available with the Vijay? Why?
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SECTION IV - Answer any two of the following 24 Marks

1. Q19 What are the powers and functions of the Consumer Dispute Redressal Commissions established under the Consumer Protection Act 2019?
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2. Q20 What are the common defences available in the Law of Torts, and how do they serve to mitigate or eliminate liability? Explain with relevant case laws.
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3. Q21 Describe the concept of vicarious liability in tort law and explain when it applies to hold employers responsible for the actions of their employees.
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4. Q22 What is the concept of damnum sine injuria in the Law of Torts, and how does it differ from injuria sine damnum? Explain with relevant case laws.
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