Mumbai University | Law of Torts PYQ | August 2023

Subject Code: 75710 – Law of Torts, Motor Accident Claims & Consumer Protection
Time: 2.30 hours | Marks: 75

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🔹 About the Paper

This is the Previous Year Question Paper (PYQ) for Law of Torts, Motor Accident Claims & Consumer Protection from Mumbai University, 2023. It is highly useful for law aspirants preparing for exams, as it covers both conceptual short answers and situational case-based questions.

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📝 Question Paper

Q.1: Answer any six in two sentences (12 Marks)

1. Define tort.
2. How tort is differed from breach of contract?
3. Explain trespass ab-initio.
4. Explain nervous shock.
5. What does mean by extra judicial remedies?
6. What is Consumer Protection Council?
7. State the meaning of liability without fault.
8. What is mean by third party risk?
9. Explain the meaning of ‘Ubi Jus Ibi Remedium.’
10. Explain mayhem.

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Q.2: Answer any three (12 Marks)

1. Types of services
2. Ryland vs Fletcher
3. Nuisance
4. Volenti Non Fit Injuria

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Q.3: Answer any two situational based questions (12 Marks)

1. Mr. Joshi detained his major daughter in her room as she was insisting to go on one week study tour in Delhi with college friends. But Mr. Joshi denied permission as he was not comfortable sending his daughter for such a long time. She was not allowed to go out and talk to her friends.

• a. Is there any tort committed by Mr. Joshi? Explain.
• b. Whether Mr. Joshi can exercise parental authority? Explain.

2. Mirchilal Company launched products like snacks, chips, peanuts etc. in the market and kept its price half of the existing product of other companies. Due to this step by Mirchilal Company, other companies suffered loss. Therefore, Aalloo Chips & Co. engaged in similar business filed a suit for damages against Mirchilal Company.

• a. Whether Mirchilal Company is liable for loss to others? Explain.
• b. Which principle of torts involved in this case? Explain.

3. A minor road accident occurred between two bike riders. After minor clashes and with the intervention of few people, both agreed that Mr. A shall pay the expenditure of repairing of Mr. B’s bike. Mr. A gives Rs. 2000/- in advance and also promised if repairing requires more, he will pay it later. Mr. B repaired his bike completely in the given amount.

• a. Mr. B still wants to file a case for seeking more damages. Can he do so? Why?
• b. Explain the involved mode of discharge of tort.

4. ABC NGO organised the religious trip for senior citizens free of cost. The bus belonged to that NGO only. This bus was not in good condition. Due to this, senior citizens who sat on last benches of the bus suffered internal injuries. They want to file a suit for damages on the ground of deficiency in service against the NGO before consumer forum.

• a. Whether any suit is maintainable before consumer forum as per the given facts? Why?
• b. Define the consumer.

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Q.4: Answer any three in detail (39 Marks)

1. Explain the general defences of torts.
2. Explain the vicarious liability with relevant case laws.
3. Explain the jurisdiction of Consumer Dispute Redressal Agencies.
4. Explain the defamation. State the kinds of defamation.
5. Explain the following:
   • a. Malicious abuse of Legal Process
   • b. Principle of Absolute liability

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📌 Key Takeaways for Students

• Covers short definitions, case laws, and situational analysis.
• Focus areas: general defences, vicarious liability, consumer protection, defamation, absolute liability.
• Practicing PYQs like this helps in exam-oriented preparation and concept clarity.

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