BLS LLB 5 Years Sem 5 Torts 2024-25 ATKT 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Answer any SIX of the following in not more than two sentences 12 Marks

1. Q1 What is meant by Liability by Ratification?
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2. Q2 Explain the meaning of 'Ubi Jus Ibi Remedium'.
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3. Q3 What is meant by Trespass-ab-initio?
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4. Q4 What is meant by Act of God?
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5. Q5 What is meant by Assault?
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6. Q6 What is meant by 'Waiver' in torts?
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7. Q7 Define 'Defect' under Consumer Protection Act 2019.
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8. Q8 Define 'Complainant' under Consumer Protection Act 2019.
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SECTION II - Write Short notes any two 12 Marks

1. Q9 Contributory Negligence
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2. Q10 National Commission
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3. Q11 Absolute Liability
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4. Q12 Volenti Non Fit Injuria
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SECTION III - Answer any two 12 Marks

1. Q13 A and B were neighbours and were having a dispute over right of way. In order to obstruct A from using way, B ordered his servant to place rubbish across the pathway but to put it carefully so that it does not touch A's wall. The servant executed order carefully but heaped up rubbish began to slide and touched A's wall. A sued B.
   • (a) Is B liable? Why?
   • (b) What is the nature of tort committed here? Explain.
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2. Q14 XYZ Corporation had been deriving water from the adjoining land of Mr. A. Mr A dug a pond on his land which diminished water flowing to the land of the corporation. He had maliciously done it so that the corporation would purchase his land at an exorbitant price. The Corporation sues A.
   • (a) Is Mr A liable? Why?
   • (b) Will the corporation succeed in the case? Why?
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3. Q15 In one advertisement of hair dye, the manufacturer of hair dye represents that the consumer would be quite safe in respect of self-spreading dye but evidence showed that it's use was not quite safe. On its use on rats it showed that rats suffered from tumour and on its experimental use on two women it showed that it enhances possibility of breast cancer.
   • (a) Is the manufacturer liable? Why?
   • (b) What is the remedy available to consumer? Explain.
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4. Q16 A and B's dogs were fighting. B was beating them in order to separate them and A was looking on. B accidently hit A in the eye causing him severe injury A brought an action against B.
   • (a) Will A succeed? Why?
   • (b) Is there any defence available to B? Why?
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SECTION IV - Answer any three in details 39 Marks

1. Q17 Define the term 'Tort'. Explain the difference between Tort, Crime and Breach of Contract.
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2. Q18 Explain the essential elements of Defamation with relevant case laws.
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3. Q19 Explain Remoteness of Damage with relevant case laws.
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4. Q20 Explain the three-tier system of Consumer Dispute Redressal Agencies Under Consumer Protection Act, 2019.
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5. Q21 Explain provisions in Motor Vehicles Act 1988 regarding establishment and functioning of claims Tribunals.
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