B.A. LL.B. (Five Years) Sem 5 Torts Aug 2023 ATKT 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Answer any six in two sentences (any 6 of 10) 12 Marks

1. Q1 What is a limitation of filing consumer complaint?
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2. Q2 Define the term Libel.
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3. Q3 What is pecuniary jurisdiction of the all Consumer Forum under the Act?
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4. Q4 Explain Non-feasance and Misfeasance
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5. Q5 How the breach of contract is different from tort?
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6. Q6 Explain the maxim "Qui Facit per alium Facit Per Se".
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7. Q7 What is meant by strict liability?
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8. Q8 Explain the defence taken in the case of Dann v Hamilton?
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9. Q9 Explain the maxim Ubi jus Ibi remedium.
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10. Q10 Explain Scienter rule.
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SECTION II - Write Short notes (any 2 of 4) 12 Marks

1. Q11 Assault and battery.
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2. Q12 Extra judicial remedies
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3. Q13 Procedure of filing complaints as per the Consumer Protection Act
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4. Q14 Six carpenter case
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SECTION III - Situational Problem (any 2 of 4) 12 Marks

1. Q15 A person's dog has a tendency to bite. Bobby a small child was playing in the premises. The Dog bites him and caused injury.
   • (a) What is the liability of the owner of the dog?
   • (b) Will the answer change if the animal was a deer in the zoo?
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2. Q16 A school has prohibited smoking by pupils in school and in public places. A school boy was found smoking in a public street. School master administered five strokes of cane to him.
   • (a) Write the case law and explain the principle attached to it?
   • (b) Whether in same way an adult student can be punished?
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3. Q17 Reshma was admitted in Citycare hospital. This hospital is run by a trust where no money charged from any patient. A nurse injected wrong medicine due to which Reshma got some severe issue. Reshma wants to file a case against hospital.
   • (a) Whether any kind of wrong is committed by the hospital for which they can be held liable? Explain.
   • (b) If the entire treatment is free of cost, whether Hospital can be made liable under Consumer protection Act?
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4. Q18 Mrs James went to a cafe and got bottle of ginger beer. The ginger beer contained a decomposed snail. Mrs James suffered from personal injury due to consumption therefore she proceeded claim compensation from the manufacturer.
   • (c) Identify the case and the principle involved.
   • (d) Explain the principle involved.
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SECTION IV - Answer any two in detail (any 2 of 4) 24 Marks

1. Q19 Explain in detail the aims and objects of the Consumer Protection Act.
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2. Q20 Explain vicarious liability with relevant case laws.
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3. Q21 Explain the general defences available in an action of Tort?
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4. Q22 What is mean by defamation? Explain the defences available in tort of defamation.
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