Tort & Consumer Protection Law | Question Paper | Apr 2016

Q1. Answer the following 1/ 2 sentences: [20 marks]

a) What is meant by Trespass-ab-initio ?

b) Define Slander.

c) Define “Vis major“.

d) What are Exemplary Damages.

e) What is False Imprisonment ?

f) What is Appropriate Laboratory ?

g) Which are the two maxims on which the principles of Vicarious Liability is based.

h) Explain Scienter Rule.

i) Define the term Restrictive Trade Practice under Consumer Protection Act, 1986.

j) Define the term “Manufacture” under Consumer Protection Act, 1986.

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

a) Assault and Battery.

b) Libel.

c) Unfair Trade Practice.

d) Volenti non fit injuria.

e) Wagon Mound Case.

f) Consumer Protection Council.

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

1) A child of five years throws a stone and breaks the window of a Mercedes Car.
i) Is the child liable in Torts ? Give Reasons ?
ii) Are the parents of the Child liable ? Give reasons ?

2) A couple visit a 5 star Hotel and order food. The Hotel staff serves the food after an hour which is also not prepared properly.
i) Is this deficiency in service ? Explain.
ii) Distiguish “Deficiency” with “Defect”.

3) A Minor of 12 years obtains a loan of 200 pounds by falsely representing his age.
i) Is the minor liable under Contract of Tort ? Explain.
ii) Is the minor liable under Crimes ? Give two points of distinction between Crime and Tort.

Q4. Answer any four : [48 marks]

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

d) Discuss “Damnum sine injuria” and “injuria sine damnum” citing relevant case laws.

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

f) Write a note on “Trespass to Property”.

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