B.A. LL.B. (Five Years) Sem 5 Torts Jan 2018 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: Please check whether you have got the right question paper. All questions are compulsory. Cite relevant Case Laws whenever necessary. Figures to right indicate full marks.

SECTION I - Answer in two to three lines (all 10) 20 Marks

1. Q1 What is meant by an exemplary damages?
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2. Q2 What is express malice?
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3. Q3 What is 'malfeasance' and "non-feasance"
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4. Q4 What is the accord and satisfaction?
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5. Q5 What is meant by liability by ratification?
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6. Q6 What is distress damage feasant?
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7. Q7 What is mayhem?
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8. Q8 What is the meaning of trespass ab initio?
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9. Q9 Give 2 instances is not a consumer?
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10. Q10 Who is a trader according to unfair trade practices?
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SECTION II - Write short notes (any 4 of 6) 20 Marks

1. Q11 Consumer Dispute.
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2. Q12 Central consumer protection council.
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3. Q13 Characteristics of tort.
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4. Q14 False imprisonment.
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5. Q15 Extra judicial Remedies.
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6. Q16 Contributory negligence.
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SECTION III - Solve (any 2 of 3) 12 Marks

1. Q17 Mr. A employed an independent contractor Mr. Q to construct a drainage system. During the work the contractor left a heap of gravel on the road. Mr. A was warned by police to remove the heap of gravel so he undertook to cart the gravel away. Mean time a passerby Mr. Z slipped upon the heap of gravel and was injured Mr. Z wants to claim damages.
   • (i) Against whom should Mr. Z should claim the damages? Explain
   • (ii) What is the defence available?
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2. Q18 'A' was a manager of Tom Ltd. A firm dealing to ladies clothes for several years, 'A' was known to her customer as Miss Tom, 'A' after leaving the service of Tom Ltd. Started a rival establishment in the name of Miss Tom. On seeing this Tom Ltd. Sued 'A'.
   • (i) Name and explain the tortious activity for which Tom Ltd. Can sue 'A'
   • (ii) Advice 'A' on the same.
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3. Q19 A consumer demanded packed tin of mango pulp of Rs. 50/- form a shop. But as he opened there was Strawberry pulp inside the packet. Which 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 the following questions (any 4 of 6) 48 Marks

1. Q20 Explain the concept of vicarious liability with the help of master and servant relationship.
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2. Q21 State any 8 defenses available in tort.
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3. Q22 Explain the theories of remoteness of damages.
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4. Q23 State the requisites of valid defamation along with its defenses.
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5. Q24 What is principle of strict liability? Explain it with reference to [Rylands v. Fletcher].
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6. Q25 Explain district consumer disputes redressal agency under consumer protection act 1986.
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