Tort & Consumer Protection Law | Question Paper | Nov 2017

Q.1. Answer in two to three lines.

a) What is meant by an exemplary damages?

b) What is express malice?

c) What is ‘malfeasance’ and “non-feasance”.

d) What is the accord and satisfaction?

e) What is meant by liability by ratification?

f) What is distress damage feasant?

g) What is mayhem?

h) What is the meaning of trespass ab-initio?

i) Give 2 instances is not a consumer ?

j) Who is a trader according to unfair trade practices?

Q.2. Write short notes (any 4)

a) Consumer Dispute.

b) Central consumer protection council.

c) Characteristics of tort.

d) False imprisonment.

e) Extra judicial Remedies.

f) Contributory negligence.

Q.3. Solve any two.

a) Mr. A employed an independent contractor Mr. Q to construct a drainage system. During the work the contractor left a heap of gravel on the road. Mr. A was warned by police to remove the heap of gravel so he undertook to cart the gravel away. Mean time a passerby Mr. Z slipped upon the heap of gravel and was injured Mr. Z wants to claim damages.
i) Against whom should Mr. Z should claim the damages? Explain
ii) What is the defence available?

b) ‘A’ was a manager of Tom Ltd. A firm dealing to ladies clothes for several years, ‘A’ was known to her customer as Miss Tom, ‘A’ after leaving the service of Tom Ltd. Started a rival establishment in the name of Miss Tom. On seeing this Tom Ltd. Sued ‘A’.
i) Name and explain the tortious activity for which Tom Ltd. Can sue ‘A’
ii) Advice ‘A’ on the same.

c) A consumer demanded packed tin of mango pulp of Rs. 50/- form a shop. But as he opened there was Strawberry pulp inside the packet. Which costed Rs. 80/-. But as he returned it to shopkeeper, shopkeeper refused to accept it and demanded more Rs. 30/-.
i) Can shopkeeper recover Rs. 30/- from consumer? Why?
ii) Advise consumer. On the same.

Q.4. Answer the following question. (any 4)

a) Explain the concept of vicarious liability with the help of master and servant relationship.

b) State any 8 defenses available in tort.

c) Explain the theories of remoteness of damages.

d) State the requisites of valid defamation along with its defenses.

e) What is principle of strict liability? Explain it with reference.

f) Explain district consumer disputes redressal agency under consumer protection act 1986.

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