Tort & Consumer Protection Law | Question Paper | Apr 2017

(3 hours)                                                               (100 marks)

Note: Answer all questions.

I. Answer in one or two sentences:

(a) What is meant by “Mal-feasance” ?

(b) Define “Tort” as per Winfield.

(c) Define “Vis Major”.

(d) What is meant by “Joint Tort Feasors” ?

(e) What is “Battery” ?

(f) What is “Appropriate Laboratory” ?

(g) Which maxim defines defence of Consent ?

(h) Explain the “Scienter Rule”.

(i) State penalty for filing frivolous complaint under Consumer Protection Act, 1986.

(j) What is the limitation period for filing a complaint under Consumer Protection Act, 1986 ?

II Write short notes on any four of the following :

(a) Pigeon Hole theory

(b) Damages

(c) Unfair Trade Practice

(d) Malicious Prosecution

(e) Wagon Mound Case

(f) Appeal under Consumer Protection Act, 1986

III. Solve any two of the following:

(a) “A” started classes in neighborhood of “B” because of which “B” incurred heavy loss as his classes students diverted to “X’s” classes.

(i) Whether Mr. A is liable in torts ? Give reasons.
(ii) Give two points of distinction between Injuria sine damnum and Damnum sine injuria.

(b) “X” undergoes an eye surgery in charitable medical camp and lost eye.

(i) Can he file case against charitable trust ?
(ii) What is Deficiency in Service ? Explain.

(c) An employer, Mr Y. a security Guard working on payroll of Mr. X a lawyer. commits a fraud after working hours.

(i) Is Mr. X liable under Contract or Tort? Explain.
(ii) Is Mr. X liable under crimes? Give two points of distinction between crime and Tort.

IV. Answer any four of the following (in brief):

(a) What is meant by Contributory Negligence? Explain the doctrine and state the exceptions of contributory Negligence citing relevant Case Laws.

(b) What is meant by Consumer? Explain in detail the aims and objects
of the Consumer Protection Act, 1986.

(c) State the Three Tier System of solving Consumer Complaint under Consumer Protection Act, 1986.

(d) How are damages calculated under Law of Torts? Discuss the different kinds of Damages awarded under Torts.

(e) What is meant by Defamation ? State defences available for Tort of Defamation.

(f) What is a Nuisance and State Defence for Nuisance under Torts.

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