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

Questions asked in this paper

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1. Q3 Figures to right indicate full marks
2. Q1 Answer in two to three lines. Marks 20 marks
   • a) What is meant by an exemplary damages?
   • b) What is express malice? What is ‘malfeasance’ and “non-feasance”
   • d) What is the accord and satisfaction?
   • e) What is meant by liability by ratification?
   • f) What is distress damage feasant?
   • g) What is mayhem?
   • h) What is the meaning of trespass ab initio?
   • i) Give 2 instances is not a consumer?
   • j) Who is a trader according to unfair trade practices?
3. Q2 Write short notes (any 4) Marks 20 marks
   • a) Consumer Dispute Characteristics of tort,
   • d) False imprisonment
   • f) Contributory negligence
4. Q3 Solve any two. Marks 12 marks
   • a) Mr. 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 shouid claim the damages? Explain
   • ii) What is the defence available?
   • b) ‘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
   • c) Aconsumer 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
   • Q. P. Code : 29862 Answer the following question. (any 4) Marks 48
   • a) Explain the concept of vicarious liability with the help of master and servant relationship
   • b) State any 8 defenses available in tort
   • c) Explain the theories of remoteness of damages
   • d) State the requisites of valid defamation along with its defenses
   • e) What is principle of strict liability? Explain it with reference to
   • f) Explain district consumer disputes redressal agency under consumer protection act 1936
   • Q. P. Code : 29862 Please check whether you have got the right question paper
5. Q2 Rare ii)
   • Q. P. Code : 29862
   • ii) AAT A
   • ii) EM

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