B.A. LL.B. (Five Years) Sem 5 Torts Feb 2019 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. Figures to the right indicate full marks. Cite relevant case laws wherever required.

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

1. Q1 Define 'Tort'.
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2. Q2 Define 'Vis major'.
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3. Q3 What is false imprisonment?
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4. Q4 What is libel and slander?
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5. Q5 What is meant by 'Waiver'?
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6. Q6 What is meant by Qui facit per alium facit per se'?
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7. Q7 What is meant by 'Mandatory' and 'Prohibitory injunction'?
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8. Q8 Define the term 'Restrictive Trade Practice' under Consumer Protection Act, 1986.
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9. Q9 Define 'Complainant' under Consumer Protection Act, 1986.
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10. Q10 State penalty for filing frivolous complaint under Consumer Protection Act, 1986.
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SECTION II - Short notes (any 4 of 6) 20 Marks

1. Q11 Defect and Deficiency
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2. Q12 Wagon Mound Case
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3. Q13 Discharge of Torts
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4. Q14 State Consumer Protection Council
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5. Q15 Innuendo
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6. Q16 Nuisance
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SECTION III - Solve (any 2 of 3) 12 Marks

1. Q17 Asha went to Mr. Shyam's house and gave cash to Mr. Shyam, an employee of a bank who was also her husband's friend for depositing it in account. He took the cash but did not give any receipt for the same. Subsequently Shyam, misappropriated the amount. Asha Sues Bank.
   • (i) Is bank liable? Why?
   • (ii) What is the remedy available to Asha? Why?
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2. Q18 Amar was travelling through 'XYZ' Airlines. There was delay in arrival of baggage of Amar. There after baggage was opened by Amar in presence of airline authorities and they were found to be tampered with and jewellery box was missing. Thus he suffered loss.
   • (i) What is remedy available to Amar? Why?
   • (ii) Is XYZ Airlines liable? Why?
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3. Q19 Ram's and Shyam's dogs were fighting with each other. Shyam was beating them in order to separate them and Ram was looking on, In doing so Shyam accidentally hit Ram in the eye inflicting upon him severe injury.
   • (i) Is there any remedy available to Ram? Why?
   • (ii) Is Shyam liable? Why?
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SECTION IV - Answer in detail (any 4 of 6) 48 Marks

1. Q20 Discuss in detail essential elements of tort, citing relevant case law.
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2. Q21 What is the rationale of strict liability and absolute liability? Cite relevant case law.
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3. Q22 Discuss the various consumer forums under the Consumer Protection Act, 1986.
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4. Q23 What is meant by 'Consumer'? Explain in detail the aims and object of the Consumer Protection Act, 1986.
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5. Q24 What are general defenses available in an action of Tort?
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6. Q25 What is meant by Contributory Negligence? Explain the doctrine along with exceptions citing relevant case laws.
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