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

Questions asked in this paper

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1. Q1 Answer the following in not more than two sentences. 20 marks
   • a. What is meant by ‘Trespass-ab-initio?
   • b. Define ‘Tort’
   • c. Define the term ‘Appropriate Laboratory’ under Consumer Protection Act,
   • d. What are exemplary damages?
   • e. What is meant by ‘Waiver’? f Define the term ‘Manufacturer’ under Consumer Protection Act, 1986
   • g. Define the term ‘Complaint’ under Consumer Protection Act, 1986
   • h. Explain the terms and ‘Misfeasance’
   • i. What do you mean by ‘Malicious Prosecution”?
   • j. What does ‘Volenti’ Non Fit Injuria’ mean?
2. Q2 Write short Notes (Any Four) 20 marks
   • a. Act of God
   • c. Re Polemis
   • d. Scienter rule
   • f. and Battery
3. Q3 Solve (Any Two) 12 marks
   • a) ‘A’ areturning officer ata voting booth, wrongfully and maliciously refused to register a duly tendered vote of ‘B’ who was a qualified voter. The candidate for whom the vote was sought to be tendered by ‘B’ was however elected and no actual loss was suffered by the rejection. sues ‘A’
   • i) Is ‘A’ liable? Why?
   • ii) Will ‘B’ succeed? Why?
   • b) was a driver of a petrol lorry belonging to his master ‘X’ while transferring petrol from the lorry to an underground tank, stuck a match to light a cigarette and threw it on the floor and thereby caused fire and explosion which caused damage to the property of ‘C’
   • i) Who is liable? Why? li) Is there any remedy available to ‘C’? Why? Ajay, five year old boy was admitted to hospital for high fever, Doctor’s diagnosis was that he is suffering from typhoid and Suggested necessary treatment. Nurse of the hospital injected an injection intravenously without doing necessary tests. Ajay immediately collapsed. Doctor informed. the parents that the condition of child has become critical and even if he survived, he would live only in vegetative state:
4. Q1 Who is liable? Why?
   • ii) What is the remedy available to Ajay and his parents?
5. Q4 Attempt (Any Four) essay type questions from the following 48 marks
   • a. Discuss ‘Damnum sine Injuria’ and ‘Injuria sine Damnum’ citing relevant
   • b. Write a note on master and servant relationship as explained under law of Explain the procedure of District Forum under Consumer Protection Act,
   • d. What is defamation and discuss various defences in a tort of defamation is consumer? What are the aims and object of Consumer Protection Act,
   • f. What is rational of Strict Liability? Explain with reference to Ryland y, Please check whether you have got the right question paper
6. Q2 fear

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