Burdwan University 3 years LL.B 2013 Law of Torts including Consumer protection and Motor Vehicle question and answers

Year 2013

Subject: Law of Torts including Consumer protection and Motor Vehicle

Duration: 3 Hours                                            Total Marks: 100

Group – A (Answer any three of the following)

1. Some jurists are of the view that there is as law of tort but only Law of Torts. Explain with your view. Distinguish between Torts and Crime.

2. Comment  upon the liability of husband for the torts of his wife. Explain ‘Volenti non fit injuria’ with case laws.

3. what is contributory Negligence? Is contributory Negligence an absolute defence against an action of negligence? Explain “Res ispa loqutor” with case law to prove negligence.

4. What  is nuisance? What are the differences between Private Nuisance and Public Nuisence? What conditions are essential for constituting wrong of “Trespass ab initio” ? Explain with reference to ‘Six Carpenters case’.

5. What is defamation? Explain the three terms ‘Assault’ , ‘Battery’, ‘Mayhem’ with example. How the ‘doctrine of Innuendo’ applied in an action of defamation?

6. Explain the maxim with the help of case (Any two of the following)

(a) Damnum fine Injuria( Corrected : Damnum sine Injuria)

(b) Volenti non fit injuria

(c) Qui facti per alium facit perse.

Group – B (Answer any one of the following)

7. (Answer any five)

(a) Deficiency.

(b) Complainent.

(c) Goods.

(d) Service.

(e) National consumer council.

(f)Consumer

(g)Restrictive trade practice.

8. Discuss the composition and jurisdiction of the State Commission and the District Forum under the Consumer Protection Act, 1986.

Group – C (Answer any one of the following)

9. (Define any five of the following)

(a) Contract carriage

(b) Driving licence

(c) Area

(d) Gross vehicle weight

(e) Heavy Goods vehicle

(f) Light motor vehicle

(g) Conductor

10. Explain the provisions of the Motor Vehicle Act, 1988 relating to:

(a) Driving at excessive speed, etc.

(b) Driving by a drunken person or by a person under the influence of drugs.

(c) Driving dangerously.