LL.B. (Three Years) Sem 1 Torts Nov 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Attempt the following in more than two sentences each (all 10) 20 Marks

1. Q1 Define Battery.
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2. Q2 State the jurisdiction of State Commission.
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3. Q3 Define 'Consumer Dispute' under Consumer Protection Act, 1986.
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4. Q4 What is meant by 'Pigeon Hole Theory'?
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5. Q5 What is meant by Liability by Ratification?
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6. Q6 Define Nominal damages.
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7. Q7 What is Legal damage?
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8. Q8 Define malicious Prosecution.
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9. Q9 What is Public Nuisance?
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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 State Commission
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2. Q12 False Imprisonment
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3. Q13 Unfair Trade Practices
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4. Q14 Actio personalis moritur cum persona
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5. Q15 Vis Major
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6. Q16 Donoghue V. Stevenson.
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SECTION III - Attempt the following (any 2 of 3) 12 Marks

1. Q17 'A' resided in a house next to a Roman Catholic Chapel of which 'B' was the priest and the Chapel bell was rung at all hours of the day and night.
   • (i) Who is liable and what is the nature of the Tort committed here?
   • (ii) Write the judgement of the case citing reasons.
   • (iii) Write the name of the Case Law.
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2. Q18 Luther threw a lighted squib in a market house which fell near a person who again threw it away from him. A third person did the same and it fell near Bentham, exploded and blinded one of his eyes.
   • (i) Who is liable and what is the nature of the Tort committed here?
   • (ii) Write the judgement of the case citing reasons.
   • (iii) Write the name of the Case Law.
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3. Q19 Charulata had a daughter by caesarean delivery. She was brought in for delivery of the second child. The doctor in charge tried for labour pains, but there was no progress for 18-20 hours. Ultimately caesarean delivery was resorted to a dead child and was brought forth. The trial for labour pains was found on evidence to be justified. Charulata had another male child after it.
   • (i) Who is liable and what is the nature of the offence?
   • (ii) Write the judgement of the case stating reasons.
   • (iii) Write the name of the Case Law.
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SECTION IV - Attempt essay type questions (any 4 of 6) 48 Marks

1. Q20 "Legal Damage is neither identical with actual damage, nor is it necessarily pecuniary". Discuss this in the light of two maxims with Case Laws.
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2. Q21 What is Deceit or Fraud? Discuss in detail the essentials of tort of deceit.
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3. Q22 Explain the ingredients of Assault and Battery citing relevant Case Laws.
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4. Q23 Explain in detail the Central Consumer Protection Council and State Protection Consumer Council.
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5. Q24 What is defamation? And discuss in detail absolute privilege and qualified privilege.
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6. Q25 What is Consumer dispute? And discuss the Objectives and Provisions of Consumer Protection Act, 1986.
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