LL.B. (Three Years) Sem 1 Torts Jan 2025 Law Of Torts 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Answer in two sentence (any Six) 12 Marks

1. Q1 What is meant by Accord and Satisfaction?
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2. Q2 Explain the meaning of 'Qui facit per alium facit per se'.
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3. Q3 What is meant by false imprisonment?
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4. Q4 What is meant by Inevitable Accident?
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5. Q5 What is Nuisance?
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6. Q6 What is the meant by Malfeasance and Misfeasance?
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7. Q7 Define 'Deficiency' under Consumer Protection Act.
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8. Q8 Define 'Consumer Dispute' under Consumer Protection Act.
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SECTION II - Write Short notes any two 12 Marks

1. Q9 Damum Sine Injuria
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2. Q10 Ryland vs Fletcher - Facts and Principle involved
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3. Q11 Motor Accident Claim Tribunal
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4. Q12 Types of Defamation
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SECTION III - Answer any two situational based questions 12 Marks

1. Q13 Sonabai, old lady was operated by the private hospital under the special charity camp organized by the hospital. The hospital has not charged anything from the patient. However, during her cataract's operation of left eye her rights eye was also operated though the right eye had no issue. The right eye got damaged. On filing a consumer complaint, the hospital took defence that since the Sonabai was operated free of cost, her complaint is not maintainable.
   • (a) Whether Sonabai is consumer? Explain.
   • (b) Who is not a consumer? Give example
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2. Q14 ABC & co. a firm of Solicitors employed Mr X as a clerk. Most of the work of firm was done by him. Anita was a widow, who owned some cottages. She went to Solicitor's office for the purpose of getting her cottages sold and there she met Mr X who fraudulently induced her to execute a transfer deed of cottages to himself on pretence that documents were necessary for sale of property. He then disposed of that property for his own benefit. Anita sued the firm.
   • (a) Will Anita Succeed? Why?
   • (c) Is ABC & co liable? Explain.
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3. Q15 Mohan was passing along the street and when he came near Amar's building, was injured by the fall of a barrel of flour which rolled out of a window on the second floor.
   • (a) What is the remedy available to Mohan? Why?
   • (d) Is Amar Liable? Explain?
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4. Q16 Mr. Rajesh was carrying a big bag of crackers in local train. He was caught by the Railway police. Punishing him for one-month simple imprisonment, Mr. Rajesh took a defence that he has not done a crime. He has not damaged anyone. Therefore, punishment cannot be given to him.
   • (a) Carrying crackers in train is crime or tort? Explain.
   • (b) State the difference between the crime and tort.
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SECTION IV - Answer any three in details 39 Marks

1. Q17 Define tort. Explain nature, scope and object of tort law.
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2. Q18 Enumerate various Unfair trade Practices in detail as per Consumer Protection Act.
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3. Q19 What is meant by Contributory Negligence? Explain the doctrine and state exceptions citing relevant case laws.
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4. Q20 What are general defences available in an action of Tort?
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5. Q21 What is the rationale of absolute Liability? Explain with reference to M C Mehta vs UOI case.
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