LL.B. (Semester (CBCS) Examination Mar/April-2018
LAW OF TORT INCLUDING MV ACT AND CP LAWS
Time: 2½ Hours
Max. Marks: 70
Instructions: All questions are compulsory. Figures to the right indicate full marks.
Q.1
Multiple choice questions:
14
The word tort has been derived from term tortum.
French
Latin
English
None of the above
Qui facit per alium facit per se means
Person who does an act through another is deemed in law to do it himself
Action dies with the person
Things speaks for itself
None of above
The damages which are fixed after the tortuous liability arisen are called
Liquidated damages
Unliquidated damages
Fine
None of these
Section of the consumer protection Act defines the term consumer.
Sec.2(1)(r



is a false and defamatory statement made or conveyed by written or printed words without lawful justification.
Libel
Slander
Innuendo
None of these
The maxim res ipsa loquitur means
Things speaks for itself
Superior authority will be responsible
Action dies with the person
Damage without violation of legal rights
The concept of trespass ab initio discussed in case.
Bourhill v. Young
Rylands v. Fletcher
Six carpenters case
None of the above
Section of the consumer protection Act defines the term unfair trade practices.




A person is liable for Tort if he represents his goods or services as being those of the plaintiff to deceive members of the public.
Injurious falsehood
Passing off
Deceit
None of these
Page 2 of 2
SLR-HF-34
10) The meaning of maxim is personal action dies with the person.
salus populi lex suprema
ubi jus ibi remedy
Actio personalis moritur cum persona
None of these
11) means those incidents in which a person of ordinary prudence cannot avoid those inspite of all reasonable care on his part in the circumstances in which they occur.
Act of god
Inevitable accident
Mistake
Any other
12) Section of MV Accident Act 1988 deals with No fault liability.
Sec-140
Sec-163
160
None of these
13) Caveat venditor means
Let the buyer be aware
Let the seller be aware
Both a and b
None of these
14) The rule of strict liability emerged in case.
Six carpenter case
Rylands v. Fletcher
Bourhill v. Young
Ashby v. White
Q.2
Define tort, discuss in detail general conditions of liability in tort with relevant case laws, and discuss the difference between tort and crime and breach of contract.
14
Q.3
Discuss in detail the concept of vicarious liability with special reference to master servant relationship.
14
OR
Write a detail note on general justifications available in tort with relevant case laws.
Q.4

Solve any
08
Unfair trade practices
Assault and Battery
Difference between Private Nuisance and Public nuisance

Extra Judicial remedies.
06
Q.5
Solve any seven:-
14
Damages
False imprisonment
Malicious prosecution
No fault liability
Claims Tribunal under M V Accident Act.
Distress damage Feasant
District forum jurisdiction and powers
Trespass to movable property
Rule of Absolute liability
Definition and essentials of negligence