LL.B. (Five Years) Sem 5 Torts 2024-25 ATKT 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. Q1 What is meant by Accord and Satisfaction?
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2. Q2 What is Inevitable Accident
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3. Q3 What does 'UBI JUS IBI REMEDIUM' mean
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4. Q4 Define Damages, discuss kinds of damages
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5. Q5 Explain Scienter Rule
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6. Q6 Define 'Complaint' under Consumer Protection Act' 2019
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7. Q7 Name Consumer Redressal agencies to adjudicate the matters related to consumer
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8. Q8 What is waiver of law of Tort
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9. Q9 What do you mean by Damnum Sine Injuria?
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10. Q10 What is right in rem?
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SECTION II - Write note on (any two) 12 Marks

1. Q11 Judicial and Extra Judicial Remedies to victim of Tort
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2. Q12 Defective Goods and Deficiency in Service
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3. Q13 Define Defamation, and its type, with case laws
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4. Q14 What is Nuisance, kinds of Nuisance, with case laws
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SECTION III - Answer any two situational based questions 12 Marks

1. Q15 Rani went with her husband Ravi for shopping. They were purchasing small articles in a shop and Mr. Raju, owner of the shop, was getting roof of the shop repaired. Due to negligence of Mr. Raju's servant a portion of glass fell and struck Rani causing her a severe shock. Ravi reasonably believing his wife to be in danger, he clutched his arm and tried to pull her from the spot. In doing so, he also injured his leg.
   • (i) What is remedy available to Rani and Ravi? Why?
   • (ii) Who is liable in this case? Why?
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2. Q16 In an advertisement of hair dye the manufacturer claimed that the product was very safe. However the evidence showed that it was not so and on the use on rats it was seen that rats suffered from tumours. Experimental use on women showd that it enhances the possibility of cancer.
   • (i) Is the manufacture liable and why?
   • (ii) what kind of remedy available to a consumer and who can file the complaint under the Consumer Protection Act, 1986?
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3. Q17 A negligently left his donkey fettered by its forefeet on a highway. B drove his wagon at a high speed against it and killed it A sues B.
   • (i) Will A succeed? Why?
   • (ii) Is these any defence available to B? Give reasons.
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4. Q18 A consumer demanded packed tin of mango pulp of Rs. 50/- from a shop. But as he opened there was Strawberry pulp inside the packet. When costed Rs. 80/-. But as he returned it to shopkeeper, shopkeeper refused to accept it and demanded more Rs. 30/-.
   • (i) Can shopkeeper recover Rs. 30/- from consumer? Why?
   • (ii) Advise consumer. On the same.
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SECTION IV - Answer any two in details 24 Marks

1. Q19 Enumerate torts against persons, Assault, Battery, with relevant case study, discuss the remedies to victim of tort
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2. Q20 Discuss about Strict Liability and Absolute liability under law tort with case study
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3. Q21 As per Consumer Protection Act 2019, In detail explanation about Unfair Trade Practices
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4. Q22 Elaborately explain about extinguishments of tortious liability
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