LL.B. (Five Years) Sem 5 Torts Dec 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Attempt the following in not more than two sentences each :— 20 marks
   • (a) What is liability by ratification ?
   • (b) What does ‘Volenti Non Fit Injuria’ means ?
   • (c) What are judicial remedies ?
   • (d) What does ‘Accord and Satisfaction’ mean ?
   • (e) What does ‘Actio Personalis Moritur Cum Persona’ means ?
   • (f) What does ‘Res ipsa Loquitur’ means ?
   • (g) What are ‘defective goods’ ?
   • (h) Define ‘Consumer Dispute’ under Consumer Protection Act
   • (i) Define ‘Manufacturer’
   • (j) Effect of filing frivolous complaint under Consumer Protection Act
2. Q2 Write short notes on any four of the following :— 20 marks
   • (b) Malacious Prosecution
   • (c) Vis Major
   • (d) Consumer
   • (f) Strict Liability
3. Q3 Solve any two of the following :— 12 marks
   • (a) A, the conductor of an omnibus the end of the journey drove the omnibus for the purpose of turning it round for the return journey, when the driver was absent In doing so he ran upon X
   • (i) Is there any remedy available to X ? Why ?
   • (ii) What would be the effect if the bus were driven by the driver of the
   • (b) A’s and B’s dogs were fighting. B was beating them in order to separate them and A was looking on. B accidentally hit A in the eye causing him severe injury. A brought an action against B
   • (i) Who is liable and what is the nature of tort committed here ?
   • (ii) What would be the effect if C a passerby had been hit instead of A ?
   • (c) Seema’s husband was admitted in an hospital without any medical service charges but only on payment of the bed-charges as he was poor. Due to negligence of medical services of the hospital he died. Seema filed a complaint against the hospital ?
   • (i) Is the hospital liable ? Why ?
   • (ii) What would be the effect if he were charged for medical services
   • (31) STEP
   • (4) are HA AT

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