LL.B. (Three Years) Sem 1 Torts Jun 2023 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Answer the following in two to three sentences (Any 6) 12 Marks

1. Q1 State judicial remedies available in law of Tort.
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2. Q2 What is Cyber Tort?
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3. Q3 What is meant by misfeasance?
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4. Q4 What does contributory negligence mean?
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5. Q5 What are two kinds of Tort?
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6. Q6 What is Malice in Law and Malice in Fact?
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7. Q7 What is accord and satisfaction?
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8. Q8 Explain the term Consumer dispute.
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9. Q9 What is dispossession?
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10. Q10 Who is electronic service provider?
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SECTION II - Write short notes on (any 2) 12 Marks

1. Q11 Actio Personalis Moritur cum Persona
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2. Q12 Damages
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3. Q13 False imprisonment
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4. Q14 Unfair trade practice
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SECTION III - Solve (any 2) 12 Marks

1. Q15 Omkar employed an independent contractor to construct a drain. While doing the work, Omkar instructed the contractor to leave a heap of gravel on the road. Contractor was warned by a constable to remove the heap of gravel. Pranav, a passer-by, slipped upon the heap of gravel and was injured.
   • (a) Against whom the Pranav should file a suit for recovery of compensation? Why?
   • (b) What is general rule between independent contractor and his employer, regarding vicarious liability?
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2. Q16 A man engages a decorator to carry out decorations in a house. For that he gave main door key to him and instructed him to return the key after finishing the work. The decorator left the house to bring some material of decoration without locking the door. Meanwhile a thief entered the house and stole some property.
   • (a) Name the tortious activity, with it's essentials for which decorator is liable.
   • (b) What are general defences available to that tortious activity?
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3. Q17 5th January 2023 was a date of expiry printed on the Dry Fruit Chikki packet by the manufacturer having factory in ABD District. On 1st January 2023, Aditya who lived at CDT District, distributed it to his friends as gift. After consuming it his friends who were living in CDT, VLM and AVT district suffer vomiting.
   • (a) Who is consumer in above case? Give reason
   • (b) In which District Commission case should be filed? State the jurisdiction of District Commission.
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4. Q18 Mangoo was owner of Bhalu the bear. He performed street shows to earn money. Everyday Bhalu was tied to a pole near to Mangoo's house. In the late evening once, suddenly Bhalu bites a passer-by. After enquiry it was known that Bhalu was teased.
   • (a) Whether Mangoo is liable for the injury of passer-by? Why?
   • (b) What is scienter Rule?
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SECTION IV - Answer the following questions (any 2) 24 Marks

1. Q19 What is Central Consumer Protection Authority? State it's power and functions.
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2. Q20 Discuss the law relating to remoteness of damages with the help of leading case.
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3. Q21 Explain the concept of tort with the help of maxims.
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4. Q22 What is deceit? Discuss in detail the essentials of the tort of deceit.
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Read from the scan above, so a character or two may differ. The scan is the original.