Tort & Consumer Protection Law | Question Paper | May 2019

Q1. Answer the following: [20 marks]

a. What is meant by “Tresspass-ab-initio” ?

b. Define Tort.

c. Define the term “Appropriate laboratory” under Consumer Protection Act, 1986.

d. What are exemplary damages ?

e. What is meant by “Waiver” ?

f. Define the term “Manufacturer” under Consumer protection Act, 1986.

g. Define the term “Complaint” under Consumer Protection Act, 1986.

h. Explain the erms “Malfeasance” and “Misfeasance”.

i. What do you mean by “Malicious Prosecution” ?

j. What does “Volenti Non Fit Injuria” mean ?

Q2. Short note on any four: [20 marks]

a. Act of God

b. Central Consumer protection Council

c. Re Polemis

d. Scienter rule

e. Unfair trade Practices

f. Assault and Battery

Q3. Solve (any two) of the following: [12 marks]

a.) “A” a returning officer at a voting both, wrongfully and maliciously refused to register a duly tendered
vote of “B” who was a qualified voter. The candidate for whom the vote was sought to be tendered by “B” was however elected and no actual loss was sufferred by the rejection. “B” sues “A”.
i. Is “A” liable ? Why ?
ii. Will “B” succeed ? Why ?

b.) “X” was a driver of a petrol lorry belonging to his master “Y” , “X” while trasferring petrol from the lorry to an undergound tank, stuck a match to light a cigarette and threw it on a floor and thereby caused fire and explosion which caused damage to the property of “C”.
i. Who is liable ? Why ?
ii. Is there any remedy available to “C” ? Why ?

c.) Ajay, a five year old boy was admitted to hospital for high fever. Doctor’s diagnosis was that he is suffering from typhoid and suggested necessary treatment. Nurse of the hospital injected an injection intravenously without doing necessary tests. Ajay immediately collapsed. Doctor informed the parents that the condition of child has become critical and even if he survived, he would live only in vegetative state.
i. Who is liable ? Why ?
ii. What is the remedy available to Ajay and his parents ?

Q4. Answer any four : [48 marks]

a. Discuss “Damnum sine Injuria” and “Injuria sine Damnum” citing relevant case laws.

b. Write a note on master and servant relationship as explained under law of Torts.

c. Explain the procedure of District Forum under Consumer Protection Act, 1986.

d. What is defamation and discuss various defences in a tort of defamation.

e. Who is a consumer ? What are the aims and object of Consumer Protection Act, 1986.

f. What is rational of Strict Liability ? Explain with reference to Ryland v. Fletcher.

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