Burdwan University 3 years LL.B 2016 Law of Torts including Consumer protection and Motor Vehicle question and answers

Year 2016

Subject: Law of Torts including Consumer protection and Motor Vehicle

Duration: 3 Hours                                                                         Total Marks: 80

Group – A (Answer any three of the following)

1. Some jurists are of the view that there is no law of tort but only law of torts. –Discuss. Explain your view. Explain the maxim ‘damnum sine injuria’.

2. Write short notes on any two

(a) Act of God

(b)Volenti non fit injuria

(c)The last opportunity rule

3. define trespass. What are the defences of the defendant in the case of trespass? What essential ingredients of constituting the wrong of trespass ab initio? Explain with reference to the ‘Six carpenters’ case.

4. Discuss the master’s liability to thirt persons for the torts committed by his servants. Differentiate between servant and independent contractor with illustration.

5. What is defamation? Can a corporation sue for defamation? How is the ‘Doctrine of Innuendo’ applied in action for defamation?

6. Define negligence and state its essentials. Explain the maxim ‘Res Ipsa Loquitor’ and state its application in torts.

Group –B (Any one of the following)

7. Discuss the composition and jurisdiction of District forum, State commission and National commission in pursuance of the consumer protection Act, 1986

8. Discuss about the relevant provisions of claim Tribunal under the Motor Vehicle Act.