LL.B. (Three Years) Sem 1 Torts May 2026 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Answer any SIX of the following in two sentences 12 Marks

1. Q1 What is meant by Liability by Ratification?
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2. Q2 What is no fault liability under Motor Vehicle Act.
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3. Q3 What is meant by Trespass-ab-initio?
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4. Q4 Define 'Deficiency' under the Consumer Protection Act
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5. Q5 What is meant by 'Waiver'?
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6. Q6 What is meant by Nervous Shock under law of tort?
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7. Q7 What is meant by Joint Tort Feasors?
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8. Q8 Define 'Complainant' under the Consumer Protection Act 2019.
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SECTION II - Write Short Notes on any TWO 12 Marks

1. Q9 Claims Tribunals under the Motor Vehicle Act
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2. Q10 Extra-Judicial Remedies
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3. Q11 State commission under the Consumer Protection Act 2019
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4. Q12 Types of Defamation
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SECTION III - Answer any TWO Situational Based Questions 12 Marks

1. Q13 Meera went to Sagar, who is a senior clerk at a local insurance company and also her neighbor. She gave him the premium amount in cash to be deposited for her life insurance policy. Sagar took the money and promised to bring the official receipt to her the next day. However, Sagar spent the money on his personal gambling debts and never deposited it with the company. When the policy lapsed, Meera sued the insurance company for the loss.
   • (a) Is the Insurance company liable? Explain.
   • (b) What remedy is available to Meera?
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2. Q14 Ms. Riya visited a cafe with her friend and ordered a bottled cold drink. The drink was served in an opaque, sealed bottle. After consuming a part of it, she poured the remaining contents into a glass and was shocked to find a dead insect inside. Soon after, she felt nauseous and fell ill. The cafe owner claimed that he had purchased the drink from a reputed manufacturer and was not aware of any defect. The manufacturer argued that there was no direct contract between them and Ms. Riya.
   • (a) Can Ms. Riya bring legal action against the manufacturer?
   • (b) Who can be held liable in such a situation? Give reasons.
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3. Q15 Mr. Khanna was admitted to "City Care Hospital" for a routine appendix removal surgery. The surgery was declared successful by the head surgeon. However, three days after being discharged, Mr. Khanna began experiencing excruciating abdominal pain and high fever. He was rushed back to the hospital, where an X-ray revealed that a surgical gauze (cotton swab) had been left inside his abdomen during the initial operation. He had to undergo a second emergency surgery to remove the foreign object and treat a resulting infection.
   • (a) Is Mr. Khanna a 'consumer'? Explain.
   • (b) Advise Mr. Khanna regarding the remedies available to him under law.
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4. Q16 Mr. Agarwal owns a textile mill and builds a large water reservoir on his land for his factory. He hires independent contractors who are qualified engineers for the work. During construction, some old underground shafts are found but are not properly checked. After the reservoir is filled, water escapes through these shafts into a nearby coal mine owned by Mr. Birju, causing heavy damage and stopping his work.
   • (a) Is Mr. Agarwal liable for the damage caused to Mr. Birju? Explain with reasons.
   • (b) What are the essential elements required to establish liability in such cases?
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SECTION IV - Answer any THREE questions in detail 39 Marks

1. Q17 Define 'Tort' and explain the difference between a Tort, a Crime, and a Breach of Contract.
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2. Q18 Explain the three-tier system of Consumer Dispute Redressal Agencies under the Consumer Protection Act, 2019.
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3. Q19 Explain Remoteness of Damage with relevant case laws.
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4. Q20 What are the general defences available in an action of Tort?
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5. Q21 What is the rationale of Absolute Liability? Explain with reference to the M.C. Mehta vs. UOI case.
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