Mumbai University | Law of Torts PYQ | March 2023

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Law of Torts, Motor Accident Claims & Consumer Protection
Paper / Subject Code: 75710
Time: 2.30 hrs | 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, March 2023. It is highly useful for law aspirants preparing for exams, as it covers both conceptual short answers and situational case-based questions.

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

1. How tort is distinct from breach of contract?
2. Explain the maxim ‘Volenti non fit injuria’.
3. What is meant by assault?
4. What is meant by joint tort feasors?
5. What is meant by nervous shock?
6. State the exceptions to principle of strict liability.
7. Define the consumer.
8. What is meant by liability without fault?

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Q.2: Write short notes on any two (12 Marks)

1. Ubi Jus Ibi Remedium
2. Kind of nuisance
3. Principle of absolute liability
4. Deficient service

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

1. A new restaurant opened in the Motinagar near by the old restaurant. Due to this old restaurant lost its 50% consumers and so as 50% revenue. Since it was very heavy loss to old restaurant, it filed a civil suit for damages against new restaurant.

• a. Whether old restaurant can succeed in suit for damages against the new restaurant? Why?
• b. Explain the principle involved in this situation.

2. The Plaintiff Ms. Anita filed a civil suit for damages against the hospital where she was operated for stone removal surgery from her gall bladder. But she continued to feel pain. After few days it was detected that a gauge was left in her abdomen by the surgeon operated her.

• a. Whether Ms. Anita would succeed in suit for damages against hospital? Why?
• b. Explain the principle involved in this case.

3. A seven year old student was asked to remain in school after school hour for non-payment of school fee. However, the student was not told this fact. But this fact was informed to his parent. A student was not aware that his freedom was restricted by the School.

• a. What kind of tort is committed by the school? Explain.
• b. Whether it is necessary that person must know that his freedom is restricted? Explain.

4. Mrs. D went to a cafe and got bottle of ginger beer. The ginger beer contained a decomposed snail. Mrs. D suffered from personal injury due to consumption therefore she proceeded claim compensation from the manufacturer.

• a. Identify the case and the principle involved.
• b. Explain the principle involved.

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

1. Discuss the aims and objects of the Consumer Protection Act, 2019.
2. Explain the general defences in torts.
3. Explain the essential elements of defamation. State the defences in defamation.
4. Discuss in detail the different judicial and extra-judicial remedies.
5. Explain negligence as tort. Discuss the professional negligence.

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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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