LUG-101 Law of Torts including Motor Vehicle Accident and Consumer Protection Act 2022-23 question paper

LUG-101 Law of Torts including Motor Vehicle Accident and Consumer Protection Act 2022-23 · Odd Semester Examination, 2022-23

LLB

Discuss citing case law the maxim 'Volenti non fit injuria' highlighting the point that the maxim is 'Volenti non fit injuria' not 'scienti non fit injuria'.
What is defamation? Is it actionable as a tort?
Comment: 'There can be no liability without fault'.
Explain the law relating to contributory negligence as applicable in India.
Explain the importance of the case Donoghue v. Stevenson in making the extension of the tort of negligence.
Distinguish between private nuisance and public nuisance.

Write a short note on the lack of reasonable and probable cause in malicious prosecution.
Comment: 'Necessity knows no law.'
Explain Special damages and General damages.
Distinguish Assault, Mayhem and Battery.
What are the essential constituents of negligence under torts?
Discuss the shift from the concept of Caveat Emptor to Caveat Vendor.

Discuss in detail the general defenses available to a defendant under the law of torts to escape liability.
What are the aims and objectives on the basis of which the Consumer Protection Act 1986? Discuss the Consumer Protection Councils provided under the Consumer Protection Act.
Examine the concept of 'foreseeability' in relation to the notion of 'duty to care'. In your answer, identify carefully the main elements of the concept, with reference to leading decisions.

Define a Tort. What are the essential ingredients of a tort? How does a Tort differ from a crime and breach of contract?
A and B resided on adjacent farms. B kept a number of beehives. One day, B for removing honey, smoked the hives with a smoker without warning A, who was tackling his horse. The bees irritated by the smoking operation swarmed upon his horse. The horse dragged A, and threw him violently against a wall, causing him serious injury. Examine the applicability of the rule laid down in Rylands v. Fletcher in this case and point out its defenses. Does this rule suffer to cover cases like the Bhopal Gas Tragedy?
What are the various Grievance Redressal Mechanism provided under the Consumer Protection Act? Also, discuss the Grievance Redressal Procedure of Consumer Disputes.

'The maxim 'res ipsa loquitor' is not a rule of law. It is a rule of evidence benefiting the plaintiff by not requiring him to prove negligence.' Prove the above statement by explaining the maxim with reference to judicial decisions.
Z, a driver of the Post and Telegraph Department was driving a postal van carrying mail to Gole dakkhana. Z negligently crushed Y, a young man, under the vehicle. Will the Government be vicariously liable? Discuss the concept of 'Sovereign Immunity' as laid down by the Court in State of Rajasthan v. Vidhyawanti.
State and explain the principles of liability for nervous shock evolved by the courts.

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