LLB 3 Years Sem 1 Torts Nov 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

• (3). Figures to the right indicate full marks

1. Q1 Answer in not more than two sentences each :— 20 marks
   • (a) Define Battery
   • (b) What is ‘Appropriate Laboratory’ under the consumer Protection Act, ‘(c) What is ‘Legal Damage’?
   • (d) What does ‘Volenti Non Fit injuria’ mean? Define the term ‘Deficiency’ under Consumer Protection Act, 1986
   • (f) What is Liability by Ratification?
   • (g) State the Jurisdiction Commission? ' &
   • (h) What is meant by ‘Scienter’s Rule’?
   • (i) What is non feasance? Name any two Extra Judicial Remedies available under Torts
2. Q2 Short notes (any four)
   • (b) Contributory Negligence
   • (c) Consumer
   • (d) Strict Liability
   • (f) Complaint
3. Q3 Solve (any two) :— 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 12 marks
   • (i) Explain the relevant maxim
   • (ii) Is entitled to any remedy? Give reasons In an 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 ca 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?
   • (c) 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 4, Answer in detail (any four)
   • (a) What is the rationale of strict liability and Absolute Liability? Cite the relevant
   • (b) What is meant by contributory Negligence? Explain the Doctrine along with the exceptions citing relevant case laws
   • (c) What are the various consumer forums under the consumer Act, 1986 and write a note on the forum at the state level? What are the aims and object of the consumer Protectiou Act, 1986 and what do you mean by
   • (e) Elucidate on damnum sine injuria and injuria sine citing relevant case Write a note ori contract of services with reference to vicarious liability
4. Q2 (Gods
   • (8) Wer waa
   • (S) Wes BACT,

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