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F 1628 (Pages : 2) B.A. B.B.A., LL.B. (HONOURSYB.Com., LL.B. (HONOURS) FL 5—LAW OF TORTS INCLUDING MOTOR VEHICL Time (CRIMINOLOGY), LL.B/B.A., LL.B. (FIVE YEAR) JANUARY 2021 Third Semester E ACCIDENT LAWS AND CONSUMER PROTECTION LAWS (Prior to 2015 Admissions) [Supplementary] Maximum : 75 Marks : Three Hours Part A Answer any five questions. Each question carries 3 marks. Distinguish between tort, crime and quasi contract. tious liability ? Examine fault as 2 condition of liability. “There are What is the foundation of to: of liability in the law of tort or torts.” Explain. two theories with regard to the pasic principle Explain the concept of vicarious liability in tort distinguishing between servant and independent contractor. Explain remoteness of damages and Novus Actus Interveniens. Distinguish between assault and battery. Who is Consumer and what amounts to a Consumer Dispute ? (5 x 3 = 15 marks) Part B Answer any three questions. Each question carries 10 marks. The Plaintiffs wife, after crossing the road in front of the defendant’s omnibus, sudden; : 2 r back, alarmed at the approach of another carriage from the opposite direction and was run ; us. In the meantime, the driver of the bus had turned round to speak to the td nt . conductor the omnib and therefore did not see the lady returning. The driver of the bus had the defence that hi a e never Turn over 10. 11. 12. 13. | 2 1 F 7623 apprehended the sudden return of the Plaintiff's wife after her crossing as the road. The Plaint; sued the defendant driver for damages, for negligence. Decide. weutt The defendant was shunting a long line of trucks on a sliding beneath a bridge. He felt resistance when the upper portion of the trucks came into contact with the bridge. But itigiéea ascertaining the nature of the obstruction he increased the engine power with the result thet th, * bridge was seriously damaged. It was argued against the defendant, that though he was not le precise facts, he had the last opportunity of avoiding the accident. Decide. * over was prenibited Sgninet driving an uninsured car. The driver used an uninsured car for purpose of his master’s work. He caused damage while driving the car for the purpose of hig master’s work. The question for consideration was whether the prohibition against driving relieved the master from his liability, if on previous occassions also the driver had used an uninsured < for the master’s work in spite of the prohibition. Decide. The appellate forum constituted under the Consumer Protection Act dismisses the appeal on technical ground of default in appearance of the appellant without considering the merits of the case based on the materials available before it. The appellant objects to it. Decide. (3 x 10 = 30 marks) Part C Answer any two questions. Each question carries 15 marks. “If though the defendant has been negligent the plaintiff has also been negligent....... ” Comment discussing the doctrine of contributory negligence. “But a defendant, who had not in fact the last opportunity to avoid the accident, will nevertheless be liable if he would have that opportunity but for his negligence”. Comment. “Assault, battery and false imprisonment are, besides being actionable torts, criminal offences as well”. Explain. Define Defamation, state the essentials and discuss the defences to defamation. “Nuisance may be described as unlawful interference with a erson’s use or enjoyment of Jand or P of some right over, or in connection with, it”. Explain stating the essentials and distinguishing between public and private nuisance. Write notes on : (a) Consumer Protection Remedies. (b) Remedies under MV Act, 1988. (2 x 15 = 30 mars) . 
