LL.B. (Three Years) Sem 1 Torts Apr 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Attempt the following in not more than two sentences each (all 10) 20 Marks

1. Q1 Define 'Tort'
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2. Q2 What is 'Public Nuisance'?
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3. Q3 Define the term 'Appropriate Laboratory' under the Consumer Protection Act, 1986.
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4. Q4 What does 'Accord and Satisfaction' mean?
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5. Q5 Define the term 'consumer dispute' under Consumer Protection Act, 1986.
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6. Q6 What do you mean by Scienter's Rule?
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7. Q7 What are Extra Judicial Remedies?
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8. Q8 What does 'Actio Personalis Moritur Cum Persona' mean?
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9. Q9 Define the term 'complainant' under Consumer Protection Act, 1986.
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10. Q10 What does 'Volenti Non Fit Injuria' mean?
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SECTION II - Write short notes (any 4 of 6) 20 Marks

1. Q11 Central Consumer Protection Council.
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2. Q12 Act of God
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3. Q13 Contributory Negligence
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4. Q14 Six Carpenter's case
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5. Q15 Restrictive Trade Practices
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6. Q16 Liability by Ratification.
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SECTION III - Solve the following problems (any 2 of 3) 12 Marks

1. Q17 In the advertisment of hair dye, the manufactuer of hair dye represent that consumer would be quite safe in respect of self spreading dye but evidence showed that its use was not quite safe. On it use on rats showed that rats suffered from tumours and on its experimental use on two women showed that it enhances possibility of breast cancer.
   • (i) Is the Manufacturer liable? why?
   • (ii) What is the remedy available to consumer? why?
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2. Q18 ABC & Co., a firm of solicitors employed Mr X, as a clerk. Most of the work of firm was done by him. Supriya who was a widow owned some cottages. She went to solicitor's office for purpose of getting her cottages sold and there she met Mr X, who fradulently induced her to execute a transfer deed of cottages to himself on pretence that documents were necessary for sale of property. He than dishonestly disposed of property for his own benefit. Supriya sued the firm.
   • (i) Will Supriya succeed? Why?
   • (ii) Is there any defence available to the ABC & Co. Why?
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3. Q19 'A' resided in a house next to the Roman Catholic Chapel of which 'B' was the priest. The chapel bell kept ringing all hours of the day and night, causing annoyance to 'A'
   • (i) Who is liable? What is the nature of tort commited here? Why?
   • (ii) What is remedy available to Mr. A? Why?
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SECTION IV - Attempt essay type questions (any 4 of 6) 48 Marks

1. Q20 What are general defences available in an action of Tort?
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2. Q21 What is meant by 'Consumer'. Explain in detail the aims and object of the Consumer Protection Act, 1986.
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3. Q22 What is the rationale of strict liability? Explain with reference to Rylands v/s Fletcher.
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4. Q23 What is defamation? Distinguish between libel and slander.
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5. Q24 Explain the three tier system of Consumer Redressal Agencies under the Consumer Protection Act, 1986.
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6. Q25 Discuss 'Damnum Sine Injuria' and 'Injuria Sine Danmum', citing relevant case laws.
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