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LL. B. (I Sem.) Examination, Dec. 2015

LAW-III

Law of Torts Including Consumer Protection Law

(K-1003)

Time : Three Hours] [Maximum Marks :100

Note : Attempt questions from all Sections as per instructions.

Section-A

(Very Short Answer Questions)

Answer all the five questions. Each question carries 4 marks. Very short answer is required not exceeding 75 words. 4×5=20

1. How is a Tort different from Breach of contract ?

2. Explain briefly ‘Actin personalis moriturcum persona.’

3.’Vicarious liability’ in Tort.

3. Explain the maxim ‘Volenti non fit injuria’.

4. Remoteness of Damage.

Section-B

(Short Answer Questions)

Answer any two questions out of the following three questions. Each question carries 10 marks. Short answer is required not exceeding 200 words. 10 x 2=20

6. Define, what is ‘Tort’. What are the legal remedies which are available in Tort ? Explain.

7. Define ‘Negligence’. What are the essential elements of the tort of negligence ? Explain with the help of appropriate examples.

8. What do you mean by ‘contributory negligence’ ? Explain this principle with the help of relevant cases.

Section-C

(Detailed Answer Questions)

Answer any three questions out of the following five questions. Each question carries 20 marks. Answer is required in detail. 20×3-60

9. What do you understand by nuisance ? Explain its elements. Describe the different kinds of nuisance along with their remedies available.

10. What is meant by ‘Malicious Prosecution’? What are those elements which need to be proved by the plaintiff an action for malicious prosecution ?

11. What is meant by trespass ? What are its various kinds ? What defences are available to a defendent in a case of trespass ?

12. Explain the terms ‘Consumer’ and ‘Services’ as used in the Consumer Protection Act, 1986. Are you in favour of enlarging the scope of these terms ?

13. Define Defamation. What are its main kinds ? Make a distinction between libel and slander in detail. Also clarify the position of these kinds of defamation in Indian law.