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

Questions asked in this paper

SECTION I - Attempt the following in not more than two sentences each (all 10) 20 Marks

1. Q1 What is liability by ratification?
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2. Q2 What does 'Volenti Non Fit Injuria' means?
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3. Q3 What are judicial remedies?
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4. Q4 What does 'Accord and Satisfaction' mean?
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5. Q5 What does 'Actio Personalis Moritur Cum Persona' means?
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6. Q6 What does 'Res ipsa Loquitur' means?
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7. Q7 What are 'defective goods'?
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8. Q8 Define 'Consumer Dispute' under Consumer Protection Act.
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9. Q9 Define 'Manufacturer'.
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10. Q10 Effect of filing frivolous complaint under Consumer Protection Act.
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SECTION II - Write short notes (any 4 of 6) 20 Marks

1. Q11 Donoghue Vs Stevenson
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2. Q12 Malacious Prosecution
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3. Q13 Vis Major
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4. Q14 Consumer
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5. Q15 Unfair Trade Practice
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6. Q16 Strict Liability.
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SECTION III - Solve the following (any 2 of 3) 12 Marks

1. Q17 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 bus?
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2. Q18 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?
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3. Q19 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 also?
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SECTION IV - Answer the following (any 4 of 6) 48 Marks

1. Q20 Discuss the law relating to 'remoteness of damage' with the help of decided cases.
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2. Q21 Explain the general defences available in an action for tort.
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3. Q22 What is deceit? What are the essential elements of the tort of deceit?
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4. Q23 Explain the elements of the torts of 'assault' and 'battery' with the relevant decided cases.
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5. Q24 Explain the three tier consumer dispute redressal agencies under the Consumer Protection Act.
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6. Q25 Discuss in detail the Central Consumer Protection Council and the State Consumer Protection Council.
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