LL.B. (Three Years) Sem 1 Torts May 2017 Law Of Torts 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 right indicate full marks. Cite relevant case laws wherever required.

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

1. Q1 What is meant by 'mal feasance'?
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2. Q2 Define 'tort' as per Winfield.
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3. Q3 Define 'vis major'.
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4. Q4 What is meant by 'joint tort feasors'?
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5. Q5 What is 'battery'?
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6. Q6 What is 'appropriate laboratory'?
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7. Q7 Which maxim defines defense of consent?
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8. Q8 Explain the scienter rule.
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9. Q9 State penalty for filing frivolous compliant under Consumer Protection Act, 1986.
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10. Q10 What is the limitation period for filing a complaint under Consumer Protection Act, 1986?
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SECTION II - Write short notes (any 4) 20 Marks

1. Q11 Pigeon hole theory
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2. Q12 Damages
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3. Q13 Unfair trade practice
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4. Q14 Malicious prosecution
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5. Q15 Wagon mound case
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6. Q16 Appeal under Consumer Protection Act, 1986
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SECTION III - Solve any two of the following problems 12 Marks

1. Q17 'X' started classes in the neighborhood of 'B' because of which 'B' incurred heavy loss as his classes students diverted to 'X's classes.
   • (i) Whether Mr. X liable in torts? give reasons
   • (ii) Give two points of distinction between injuria sine damnum and damnum sine injuria.
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2. Q18 'X', undergone an eye surgery in Charitable medical camp and lost his eye.
   • (i) Can he file case against Charity trust?
   • (ii) What is deficiency in service? Explain.
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3. Q19 An employee, Mr. Y, a security guard working on payroll of Mr. X a lawyer. Commits a fraud after working hours.
   • (i) Is Mr. X liable under contract or tort? Explain.
   • (ii) Is Mr. X liable under crimes? Give two points of distinction between crime and tort.
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SECTION IV - Answer in detail (any 4) 48 Marks

1. Q20 What is meant by contributory negligence? Explain the doctrine and state the exceptions of contributory negligence citing relevant case laws.
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2. Q21 What is meant by consumer? explain in detail the aims and objects of the Consumer Protection Act, 1986
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3. Q22 State the three tier system of solving consumer complaint under the Consumer Protection Act, 1986
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4. Q23 How are damages calculated under law of torts? discuss the different kinds of damages awarded under torts
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5. Q24 What is meant by defamation? State defenses available for tort of defamation.
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6. Q25 What is a nuisance and state defense for nuisance under torts.
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