LL.B. (Five Years) Sem 5 Torts Nov 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Attempt the following in more than two sentences each :— 20 marks
   • (a) Define Battery
   • (b) State the jurisdiction of State Commission
   • (c) Define ‘Consumer Dispute’ under Consumer Protection Act, 1986
   • (d) What is meant by ‘Pigeon Hole Theory’ ?
   • (e) What is meant by Liability by Ratification ? Define Nominal damages
   • (g) What is Legal damage ?
   • (h) Define malicious Prosecution
   • (i) Public Nuisance ?
   • (j) What does ‘Volenti non fit injuria’ mean ?
2. Q2 Write short notes on any four of the following :— 20 marks
   • (a) State Commission
   • (b) False Imprisonment
   • (e) Vis Major
3. Q3 Attempt any two of the following :— 42 marks
   • (a) ‘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 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
   • (c) 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
   • (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
4. Q4 Attempt any four essay type questions from the following 48 marks
   • (a) “Legal Damage is neither identical with actual damage, nor is it necessarily pecuniary”. Discuss this in the light of two maxims with Case Laws,
   • (b) What is Deceit or Fraud ? Discuss in detail the essentials of tort of deceit
   • (c) Explain the ingredients of Assault and Battery citing relevant Case Laws
   • (d) Explain in detail the Central Consumer Protection Council and State Protection
   • (e) defamation ? And discuss in detail absolute privilege and qualified
   • (f) Consumer dispute ? And discuss the Objectives and Provisions of

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