Subject Code: 75710 – Law of Torts, Motor Accident Claims & Consumer Protection
Time: 2.30 hours | Marks: 75
🔹 About the Paper
This is the Previous Year Question Paper (PYQ) for Law of Torts, Motor Accident Claims & Consumer Protection from Mumbai University, 2022. It is highly useful for law aspirants preparing for exams, as it covers both conceptual short answers and situational case-based questions.
Q.No.1: Multiple Choice Questions
- Tort is a Civil wrong. And it is true that:
a) Every civil wrong is not tort
b) Every civil wrong is tort
c) Court will decide whether every civil wrong is tort or not
d) Tort is an offence also - In which of following tort, motive is not relevant?
a) When the act is otherwise unlawful
b) Conspiracy
c) Malicious prosecution
d) Assault - ‘Ex turpi causa non oritur actio’ means:
a) From an immoral cause also action arises
b) From an immoral cause no action arises
c) From any act cause of action arises
d) Cause of action is to be decided by the court - Protection of judicial privilege applies:
a) Only to judicial proceedings
b) All actions of judges
c) To administrative proceedings or ministerial proceedings conducted by courts
d) To judicial proceedings as well as to administrative or ministerial proceedings - In vicarious liability the nature of liability of master and servant is:
a) Joint liability
b) Several liability
c) Joint and several liability
d) To be decided by the court - Every repetition of a defamatory statement gives fresh cause of action. This statement is:
a) False
b) True - When the damages awarded are in excess of the material loss suffered by the plaintiff with a view to prevent similar behaviours in future, such damages are called as:
a) Compensatory damages
b) Aggravated damages
c) Contemptuous damages
d) Exemplary, punitive or vindictive damages - ‘Action personalis moritur cum persona’ means:
a) Death of both the parties will terminate the suit
b) A personal cause of action does not die with the person
c) —
d) Personal right always survive - If the interference with the possession is not direct but consequential, the wrong may be:
a) Trespass
b) Nuisance
c) Conversion
d) No wrong - Conspiracy is:
a) Not tort
b) Crime
c) Both tort and crime
d) Serious offence - The purpose of tort of ______ is to protect goodwill.
a) Passing off
b) Defamation
c) Abuse of legal procedure
d) Contributory negligence - Some military jawans found some firewood lying by the river side. They thought that the wood being unmarked, probably belonged to the government and they had every right to take away the same as they were the military jawans of government. They took the firewood and used for camp fire. The real owner of that firewood filed the suit for compensation.
a) The government would not liable to pay compensation as it is a part of sovereign function
b) The government would be liable to pay compensation
c) —
d) The government would not liable to pay compensation because the firewood were lying in public place in no one’s possession - Trover is also known as:
a) Detinue
b) Trespass
c) Nuisance
d) Conversion - ______ is not a consumer right under the Consumer Protection Act.
a) Right to be protected
b) Right to be informed about the quality, quantity, potency, purity, standard and price of goods or services
c) Right to be assured access to a variety of goods, products or service
d) Right to qualitative goods and services - For strict liability ______ is not a defence.
a) Act of God
b) Plaintiff’s own default
c) Statutory authority
d) Inevitable accident - ______ is a defence.
a) Contributory negligence
b) Composite negligence
c) Joint tort feasors
d) Contributory negligence of children - In the tort of abuse of legal procedure, the prosecution commences:
a) When a person has been summoned to answer
b) —
c) When the judgment is passed
d) When false evidence is presented in court - Trespass is interference with:
a) A person’s ownership of land
b) A person’s use or enjoyment of land
c) A person’s possession of land
d) A person’s possession of land as well as use or enjoyment of land - How many rights of consumers are protected under the Consumer Protection Act?
a) 6
b) 7 c) 5 d) 8 - Under the Consumer Protection Act, the period of limitation is:
a) Three years from the date on which the cause of action has arisen
b) Two years from the date on which the first notice was given c) Two years from the date on which the cause of action has arisen d) Three years from the date on which the first notice was given
Descriptive Questions
- Write the limitations on the scope of doctrine of ‘volenti non fit injuria’.
- Write any five general defences available in tort.
- Ram was the owner of a car. Shyam, his younger brother once took the car without Ram’s knowledge or permission. An accident took place due to negligence of Shyam. Explain who will be liable and why? Which principle of law of tort is involved in this situation.
- Explain the circumstances under which an employer can also be held liable for the tortious acts done by independent contractor.
- Explain the application of maxim ‘King can do no wrong’ in India.
- Write two distinctions between libel and slander. Also explain the circumstances under which slander is actionable per se.
- Ravi sent a defamatory letter written in Marathi to Pappu. Pappu did not know Marathi and therefore the same was read over to him by Santosh. Explain with reasons whether Ravi is liable for defamation or not.
- Write on jurisdiction of National Commission under the Consumer Protection Act.
- Explain the procedure on admission of complaint before the District Commission.
- Explain the difference between strict liability and absolute liability.
📌 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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Dr. Ganesh Visavale 