LL.B. (Three Years) Sem 1 Torts May 2022 Law Of Torts Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Multiple choice questions (20 questions)

1. Q1 The main supporter of the theory that "it is a law of Tort" and "not law of Torts" is. (a) Winfield (b) Salmond (c) Fleming (d) Heuston
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2. Q2 The maxim "Ubi Jus Ibi Remedium" means. (a) There is no wrong without a remedy (b) Legal injury without damage (c) Damage without legal injury (d) Damage suffered by consent is a cause of action
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3. Q3 What does "Nullus Commodum Capere Potest de Injuria Sua Propria" mean: (a) Man can take an advantage of his own wrong (b) The welfare of the people is the supreme law (c) No man can take advantage of his own wrong (d) The welfare of the people is the international law
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4. Q4 Defamation involves: (a) Making a false statement about (b) Using a weapon (c) At least 5 people to be present (d) A contract
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5. Q5 Which one of the following is a good defence for the tort of private nuisance? (a) Plaintiff has come to the place of nuisance (b) Reasonable care was taken to prevent nuisance (c) The activity is for the public benefit (d) The activity is continuing for the past 20 years
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6. Q6 Which of the following is the gist of tortious liability? (a) Legal damages (b) Violation of legal duty (c) Availability of legal duty (d) Legal damage
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7. Q7 What does "Action personalis moritur cum persona" means: (a) Action talks about the personality (b) Person's action decides his future (c) One must respect the other person (d) A person right of action dies with the person
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8. Q8 Which one of the following statements is not correct? (a) In tort, there is a breach of duty which is primarily fixed by law (b) In tort, there is a violation of a right in rem (c) In tort, the motive for breach of duty is immaterial (d) In tort, the damages are fixed according to the terms and conditions
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9. Q9 Maxim "Volenti non fit injuria" means: (a) Damage suffered by consent is not a cause of action (b) Damage suffered by consent is a cause of action (c) Damage without legal injury (d) Legal injury without damage
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10. Q10 Vindictive damages also known as________: (a) Exemplary damages (b) Prospective damages (c) Injunctions (d) Nominal damages
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11. Q11 Which one of the following principles has been laid down as the basis of liability in Rylands vs. Fletcher case? (a) Fault liability (b) Strict liability (c) Absolute liability (d) Conditional liability
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12. Q12 Which one of the following statements is correct? All persons are joint tort-feasors: (a) Who did or join in the commission of a wrongful act (b) Whose acts result in one damage (c) Who committed one and the same act (d) Who encouraged others to commit wrongful act
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13. Q13 "Negligence is the contrary of diligence and no one describes diligence as state of mind." Defined by: (a) Pollock (b) Winfield (c) Salmond (d) Alderson
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14. Q14 According to ______________ case, it is the duty of the manufacturer to take care of the consumer: (a) Donoghue vs. Stevenson (b) Ashby vs. White (c) Acton vs. Blundell (d) Chesmore vs. Richards
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15. Q15 The consumer has the right to get compensation against unfair trade practices under right to_________: (a) Right to choose (b) Right to safety (c) Right to seek redressal (d) Right to be informed
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16. Q16 District Consumer Disputes Redressal Commission is established by? (a) Central Government (b) State Government (c) National Commission (d) District Collector
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17. Q17 The rule laid down in Re Polemis case is that the defendant shall be liable for all: (a) Direct consequences of his act (b) Foreseeable damage (c) Act of God (d) Inevitable Accident
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18. Q18 Trover is also called as__________: (a) Conversion (b) Damage (c) Damages (d) Wrong
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19. Q19 According to Subjective Theory, Negligence is a___________: (a) State of mind (b) Type of conduct (c) Mistake (d) Mischief
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20. Q20 The Consumer Protection Act is important because it protects________: (a) All Goods & Services (b) Particular Goods & Services (c) Movable Goods (d) Immovable Goods
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SECTION II - Descriptive Questions (10 questions)

1. Q21 "All torts are civil injuries but all civil injuries are not torts." Explain the above statement.
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2. Q22 What are the exceptions to the rule of strict liability? Briefly examine each of them.
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3. Q23 X, while driving car, suddenly became unconscious and fell back in his seat. The car became uncontrolled, it hit and killed Y. discuss the liability of X.
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4. Q24 "The maxim Res Ipsa Loquituri is not a rule of Law but a rule of Evidence." Explain and illustrate.
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5. Q25 A, a journalist, writes an article against B, a public servant, alleging that B has misappropriated a sum Rs. 2 lacs from the public fund under his control. In an action in tort for defamation by B against him A takes the defence of fair comment. Discuss with reasons.
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6. Q26 Distinguish between Malicious prosecution and False imprisonment.
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7. Q27 X, one Ayurvedic doctor prescribed the medicine of allopathy which caused the death of a patient. What is his liability? Explain the liability of the doctors under the Consumer Protection Act.
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8. Q28 What is meant by 'innuendo'? what are the facts, the plaintiff must prove or establish in order to sustain a plea of innuendo?
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9. Q29 Write on Jurisdiction of District Commission as per the Consumer Protection Act.
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10. Q30 "Damnum sine injuria and injuria sine damnum are two different principles of law." Comment briefly.
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