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

Questions asked in this paper

• N.B: All questions are compulsory. Cite case law wherever necessary. Figures to the right indicate full marks.

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

1. Q1 Define Battery.
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2. Q2 What is 'Appropriate Laboratory' under the consumer Protection Act, 1986?
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3. Q3 What is 'Legal Damage'?
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4. Q4 What does 'Volenti Non Fit injuria' mean?
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5. Q5 Define the term 'Deficiency' under Consumer Protection Act, 1986.
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6. Q6 What is Liability by Ratification?
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7. Q7 State the Jurisdiction of State Commission?
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8. Q8 What is meant by 'Scienter's Rule'?
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9. Q9 What is non feasance?
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10. Q10 Name any two Extra Judicial Remedies available under Torts.
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SECTION II - Short notes (any 4 of 6) 20 Marks

1. Q11 Donoghue v/s Stevenson
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2. Q12 Contributory Negligence
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3. Q13 Consumer
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4. Q14 Strict Liability
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5. Q15 Wagon Mound's case
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6. Q16 Complaint
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SECTION III - Solve (any 2 of 3) 12 Marks

1. Q17 A, B, C and D were ship owners who shipped tea from one port to another, combined together to drive 'F', who was a rival ship owner, out of Trade. 'F' suffered heavy losses.
   • (i) Explain the relevant maxim.
   • (ii) Is 'F' entitled to any remedy? Give reasons.
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2. Q18 In an advertisement of hair dye the manufacturer claimed that the product was very safe. However the evidence showed that it was not so and on the use on rats it was seen that rats suffered from tumours. Experimental use on women showd that it enhances the possibility of cancer.
   • (i) Is the manufacturer liable and why?
   • (ii) What is the remedy availabble to a consumer and who can file the complaint under the consumer Protection Act, 1986?
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3. Q19 At a school there was a rule prohibiting smoking in the premises. A student was found smoking in the market and so the school master next day administered him five strokes with a cane.
   • (i) What is the defence available to school master?
   • (ii) What are the limitations on the defence as well as the recent developments on the issue of incorporating corporeal punishment on children?
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SECTION IV - Answer in detail (any 4 of 6) 48 Marks

1. Q20 What is the rationale of strict liability and Absolute Liability? Cite the relevant cases.
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2. Q21 What is meant by contributory Negligence? Explain the Doctrine along with the exceptions citing relevant case laws.
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3. Q22 What are the various consumer forums under the consumer protection Act, 1986 and write a note on the forum at the state level?
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4. Q23 What are the aims and object of the consumer Protection Act, 1986 and what do you mean by a consumer dispute?
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5. Q24 Elucidate on damnum sine injuria and injuria sine damno citing relevant case laws.
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6. Q25 Write a note on contract of services with reference to vicarious liability.
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