LL.B. (Five Years) Sem 5 Torts Feb 2019 Question Paper - Mumbai University | munotes

Questions asked in this paper

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• 2. Figures to the right indicate full marks,

1. Q1 Attempt the following in not more than two sentences cach. 20 marks
   • a) Define ‘Tort’
   • b) Define ‘Vis major’
   • c) What is false imprisonment?
   • d) What is libel and slander?
   • c) What is meant by ‘Waiver’?
   • f) What is meant by Qui facit facit per se”?
   • g) What is meant by ‘Mandatory’ and ‘Prohibitory injunction’?
   • h) Define the term ‘Restrictive Trade Practice’ Consumer Protection Act,
   • i) Define under Consumer Protection Act, 1986
   • j) State penalty for filing frivolous complaint under Consumer Protection Act,
2. Q2 Short notes (Any Four) 20 marks
   • a) Defect
   • c) Discharge of Torts
   • d) State Consumer Protection Council
   • e) Innuendo
   • f) Nuisance
3. Q3 Solve. (Any Two) 12 marks
   • a) Asha went to house and gave cash to Mr. Shyam, an employee of a bank also her husband’s friend for depositing it in account. He took the but not any receipt for the same. Subsequently Shyam, misappropriated the amount. Asha Sues Bank ti) What is.the remedy to Asha? Why? Amar was travelling through ‘XYZ’ Airlines. There was delay in arrival 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) is remedy available to Amar? Why?
   • ii) Is XYZ Airlines liable? Why?
   • c) Ram’s and Shyam’s dogs were fighting with each other. Shyam was beating in order to separate them and Ram was looking doing so Shyam accidentally hit Ram in the eye inflicting upon him
   • i) any remedy available to Ram? Why?
   • ii) Is Shyam liable? Why?
4. Q4 Answer in detail (Any Four) $
   • a) Discuss in detail essential elements of tort, citing relevant case
   • b) What is the rationale of strict liability and-absolute liability?Cite relevant
   • c) Discuss the various consumer the Consumer Protection Act,
   • d) What is meant by ‘Consumer’? detail the aims and object of the
   • e) What are general defenses action Of
   • f) What is meant by Contributory Negligence? Explain the doctrine along with

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