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Tort, MV Act & Consumer Protection

60 questions from 16 papers

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AIBE XIII Q.17 Walkthrough

The Latin word ‘Res Ipsa Loquitur means:

a. Things speaks it’s story itself
b. Where there is consent there is no injury
c. Both (a) and (b)
d. None of the above
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AIBE XIII Q.20 Walkthrough

Which one of the following is a leading case on ‘Injuria Sine Damnum’?

a. Rylands v. Fletcher
b. Ashby v. White
c. Donoghue v. Stevenson
d. All of the above
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AIBE XIII Q.21 Walkthrough

Which one is leading case on Strict Liability?

a. Alen v. Flood
b. Rylands v. Fletcher
c. Borhil v. Young
d. Donoghue v. Stevenson
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AIBE XIII Q.98 Walkthrough

Which of the following Section of the Motor Vehicles Act, 1988 defines the term ’Owner’?

a. Section 2(30)
b. Section 2(31)
c. Section 2(25)
d. Section 2(32)
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AIBE XIV Q.43 Walkthrough

The liability under Section 138 of the Negotiable Instruments Act, 1881 is-

a. Strict liability
b. Vicarious liability
c. Both’ A’ and ‘8’
d. None of the above
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AIBE XIV Q.76 Walkthrough

Which one of the following is true about Latin Maxim ‘Ubi Jus lbi remedium’?

a. Where there is right, there is remedy.
b. Where there is remedy, there is right.
c. Both (a) and (b)
d. None of the above
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AIBE XIV Q.77 Walkthrough

The Latin word ‘Injuria Sine Damnum’ Literally means:

a. Infringement of legal right without damages.
b. Damages without Infringement of legal right.
c. Both (a) and (b)
d. All of the above
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AIBE XIV Q.78 Walkthrough

The Provision relating to claims Tribunal is given under ______of Motor Vehicles Act:

a. Section 165-175
b. Section 175-180
c. Section 170-175
d. Section 171-177
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AIBE XIV Q.94 Walkthrough

The Consumer Protection Act, 1986 came into effect on-

a. 24th August, 1986
b. 15th April, 1986
c. 24th May, 1986
d. 24th December, 1986
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AIBE XIV Q.95 Walkthrough

Which one of the following sections of Consumer Protection Act, 1986 defines the term ‘Consumer’?

a. Section 2(1)(a)
b. Section 2(1)(b)
c. Section 2(1)(c)
d. Section 2(1)(d)
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AIBE XV Q.38 Walkthrough

According to Classical doctrine of Act of State in law of Torts means:

a. an act of the sovereign power of a country, that cannot be challenged, controlled or interfered with by municipal courts
b. an act of the Judiciary of a country, that cannot be challenged, controlled or interfered with by municipal courts
c. an act of the sovereign power of a country, that can be challenged, controlled or interfered with by municipal courts
d. None of the above
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AIBE XV Q.39 Walkthrough

In Torts, all persons who aid, or counsel, or direct or join in the committal of a wrongful act, are known as:

a. Abettors
b. Joint tortfeasors
c. Tort holders
d. Tort holders in common
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AIBE XV Q.43 Walkthrough

The National Consumer Dispute Redressal Commission was constituted in the year:

a. 1988
b. 1998
c. 1999
d. 1997
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AIBE XVI Q.10 Walkthrough

“Casting Couch” in Bollywood, the Indian film industry, is an example of-

a. sexual assault
b. sexual harassment
c. both (a) and (b)
d. None of the above
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AIBE XVI Q.12 Walkthrough

The National Commission of Consumer Protection is composed of-

a. 7 members;
b. 5 members;
c. 8 members;
d. .6 members;
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AIBE XVI Q.73 Walkthrough

Maxim “Res Ipsa Loquitur” means:-

a. The thing speaks for itself
b. Where there is right there is remedy
c. Where there is remedy there is right
d. Where there is no fault there is no remedy
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AIBE XVI Q.80 Walkthrough

The rule of Strict Liability is based on the decision in-

a. Donoghue v. Stevenson
b. Homes v. Ashford
c. Rylands v. Fletcher
d. None of the above
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AIBE XVI Q.81 Walkthrough

The Rule of Last opportunity was Laid decision in-

a. Davies v. Mann
b. State of A.P. v. Ranganna
c. Nugent v. Smith
d. Kalawativ. State of HP
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AIBE XVII Q.81 Walkthrough

The principle of “Ubi jus ibi idem remedium” was recognized in

a. Winterbottom v. Wright
b. Chapman v. Pickersgill
c. Ashby v. White
d. Rylands v. Fletcher
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AIBE XVII Q.84 Walkthrough

Under Section 41 of Consumer Protection Act, 2019 an appeal from the order of District Commission lies to _______

a. State Commission
b. Consumer Tribunal
c. National Commission
d. High Court
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AIBE XVIII Q.4 Walkthrough

Who has defined tort as 'tortious liability arises from the breach of duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages'?

a. Lindsell
b. Pollock
c. Salmond
d. Winfield
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AIBE XVIII Q.5 Walkthrough

Gloucester Grammar School case relates to which of the following important maxims?

a. Damnum sine injuria
b. Injuria sine damno
c. Ubi jus ibi remedium
d. Volenti non fit injuria
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AIBE XVIII Q.6 Walkthrough

Which of the following provision of the Motor Vehicles Act, 1988 relates to no fault liability?

a. Section 140
b. Section 151
c. Section 162
d. Section 128
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AIBE XVIII Q.7 Walkthrough

How many consumer rights are identified under the Consumer Protection Act, 2019?

a. 2
b. 4
c. 6
d. 8
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AIBE XVIII Q.8 Walkthrough

Which of the following body constituted under the Consumer Protection Act, 2019 is authorised to render advice on promotion and protection of consumers' right under the Act?

a. Central Consumer Protection Authority
b. Central Consumer Protection Council
c. State Consumer Protection Authority
d. State Consumer Protection Council
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AIBE XIX Q.80 Walkthrough

Ms J, a banker refuses to honour a cheque of Ms F despite sufficient balance. Ms F suffers no monetary loss. Which maxim applies?

a. Volenti-non-fit-injuria
b. Injuria-sine-damnum
c. Damnum-sine-injuria
d. Res-ipsa-loquitur
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AIBE XIX Q.81 Walkthrough

Mr B told Mr A to leave premises occupied by Mr A. When Mr A refused, Mr B collected workmen who surrounded Mr A, tucked up their sleeves and aprons and threatened to break his neck, but did not touch him. Under which tortious act can Mr A file the case?

a. False Imprisonment
b. Assault
c. Battery
d. Hurt
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AIBE XIX Q.82 Walkthrough

Ms J knowingly took a lift with driver Mr T who was under the influence of alcohol. The car met with an accident and Ms J got injuries. She filed a case for compensation. Which defence could be claimed by Mr T?

a. Volenti non-fit injuria
b. Act of God
c. Inevitable Accident
d. Act of Necessity
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AIBE XIX Q.83 Walkthrough

Mr K owns a building earning rent. Mr Y owns an adjacent cotton mill causing noise and smoke, forcing tenants to vacate and causing loss of rent for Mr K. Which tort applies?

a. Damnum sine injuria
b. Trespass to land
c. Nuisance
d. Negligence
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AIBE XIX Q.84 Walkthrough

There was a collision between a government-owned bus and a private bus. Both were driving negligently and caused damage. Determine the tortious act.

a. Private bus owner is negligent
b. Government bus owner is negligent
c. Inevitable accident
d. Contributory negligence
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AIBE IV Q.86 Walkthrough

The Consumer Protection Act was enacted in the year:

a. 1985
b. 1986
c. 2005
d. 2008
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AIBE IV Q.89 Walkthrough

Under the vicarious liability, the liability is:

a. Joint
b. Several
c. Both (A) and (B)
d. Either of the above depending upon facts and circumstances of the case
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AIBE VI Q.29 Walkthrough

Consumer Protection Act was brought into operation in the year

a. 1987
b. 1986
c. 1985
d. 1984
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AIBE VI Q.30 Walkthrough

Under Consumer Protection Act, 1986 the jurisdiction of the District Forum should not exceed rupees

a. Fifty Thousands
b. One Lakh
c. Twenty-Five Thousands
d. Twenty Lakhs
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AIBE VI Q.79 Walkthrough

Contributory negligence means

a. The failure by a person to use reasonable care for the safety of either of himself or his property
b. V olunteer to pay for the negligence of others
c. Contributing the money or money’s worth for other wrongs
d. Inciting others to commit civil wrong.
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AIBE VI Q.82 Walkthrough

Under section 20 of the Motor Vehicles Act, 1988 if a person is convicted of an offence punishable under section 189 of the Motor Vehicles Act, the court shall ordinarily order for

a. Imposing penalty only
b. Punishment only
c. Both punishment and penalty
d. Disqualification under the act
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AIBE VII Q.9 Walkthrough

Raman having found a key of Raju’s house which Raju had lost, commits house trespass by entering Raju’s house after opening the door with that key. Raman has committed the offence of-

a. House trespass
b. Criminal trespass
c. House breaking
d. None of these
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AIBE VII Q.86 Walkthrough

'Ex dolo malo oritur actio' is

a. An action arose only when a right infringes
b. An action could not prevent a legal right
c. No action on an immoral act
d. None of the above
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AIBE VII Q.89 Walkthrough

_______is observed as the World Consumer Rights Day.

a. 15th of March
b. 16th of March
c. 12th of March
d. 11th of March
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AIBE VII Q.91 Walkthrough

Renewal of driving licenses is envisaged under Section _____of the Motor Vehicles Act, 1988

a. 20
b. 21
c. 22
d. 15
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AIBE VII Q.100 Walkthrough

Gloucstershire Grammar School Case is a leading case to explain the-

a. Volenti non fit injuria
b. Injuria non fit volenti
c. Damnum sine injuria
d. Injuria sine damnum
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AIBE VIII Q.8 Walkthrough

According to Motor Vehicles Act, 1988 no person under the age of ___ years shall drive a motor vehicle in any public place

a. 20
b. 16
c. 18
d. 21
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AIBE VIII Q.11 Walkthrough

The National Consumer Dispute Redressal Commission was constituted in the year

a. 1998
b. 1988
c. 1999
d. 2000
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AIBE IX Q.68 Walkthrough

Spurious goods under the provisions of the Consumer Protection Act, 1986 imply

a. Such goods and services which are of poor quality
b. Such goods and services which are claimed to be genuine but they are actually not so
c. Such goods and services which might be stolen in nature
d. Such goods and services which are not usable in nature
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AIBE IX Q.91 Walkthrough

Vicarious liability includes:

a. Liability of the principal for the tort of his agent
b. Liability of the master for the tort of his servant
c. Liability of the partners for each others tort
d. All of the above
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AIBE X Q.5 Walkthrough

Where the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, the sample of goods forwarded to appropriate laboratory for laboratory test. Such types of case finding report within ____ days

a. 30 days
b. 40 days
c. 45 days
d. 50 days
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AIBE X Q.12 Walkthrough

Complaint means allegation in writing made by a complainant that:

a. An unfair trade practice or restrictive trade practice has been adapted by any traders or service provider.
b. The goods bought by him or agreed to be bought by him suffer from one or more defect
c. A traders or the service provider as the case may be has charged for the goods or for the services mentioned in the complaint a price in excess of the price
d. All the above
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AIBE X Q.23 Walkthrough

Which one of the following is known as Consumer Disputes Redressal Agency?

a. District Forum
b. State Commission
c. National Commission
d. All the above
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AIBE X Q.38 Walkthrough

“Dealer” includes a person who is engaged-

a. In building bodies for attachment to chassis; or
b. In the repair of motor vehicles; or
c. In the business of hypothecation, leasing or hire-purchase of motor vehicle;
d. All of the above
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AIBE X Q.87 Walkthrough

Motor Vehicles Act, 1939, came into force in:

a. 1939
b. 1940
c. 1941
d. 1942
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AIBE XI Q.94 Walkthrough

Section 67 of Motor Vehicles Act, 1988 provides:

a. Possession of driving licence while driving
b. Possession of Insurance certificate and PUC certificate in the vehicle
c. Revoking driving licence if drunk driving is detected
d. State Government’s power to control the road transport
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AIBE XI Q.95 Walkthrough

The term ‘Tort’ is a

a. Latin Word
b. French Word
c. English word
d. Italian word
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AIBE XI Q.96 Walkthrough

In Tort, what is ‘vicarious liability’?

a. A person is generally liable for his own wrongful act
b. A person is liable for the wrongful act done by other person
c. A person is liable for the wrongful act in his absence
d. None of the above
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AIBE XI Q.97 Walkthrough

Under Section 2(I)(f) of Consumer Protection Act, 1986, ‘defect’ is meant by any fault, imperfection or shortcomings in ............ in relation to the goods:

a. Quality and Quantity
b. Potency
c. Purity or standard
d. All of the above
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AIBE XI Q.98 Walkthrough

Which of the following falls under the categories of Act of God:

a. Storm and cyclone
b. Extra ordinary rainfall or flood
c. Lightning and thunder
d. All of the above
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AIBE XII Q.35 Walkthrough

Definition of complainant is described in Consumer Protection Act under section:

a. Section 2(1)(b)
b. (b) Section 20
c. Section 21
d. None of the above
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AIBE XII Q.81 Walkthrough

An appeal against order passed under section 27 of the Consumer Protection Act, 1986 by the National Commission lies in:

a. The High Court
b. The Supreme Court
c. The Central Government
d. Not Appealable
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AIBE XII Q.86 Walkthrough

In the tort of conspiracy, the purpose of combination must be to:

a. Violate legal right of the victim
b. Cause damage to the victim
c. Obtain benefit for the combiners
d. Perfect the interest of combiners
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AIBE XX Q.74 Walkthrough

Match List I (General Defences in Tort) with List II (Leading Cases) and select the correct answer using the codes given below :

a. i-1; ii-2; iii-3; iv-4
b. i-2; ii-3; iii-4; iv-1
c. i-3; ii-4; iii-1; iv-2
d. i-4; ii-1; iii-3; iv-2
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AIBE XX Q.75 Walkthrough

The Central Consumer Protection Council, as provided under Section 3(2) of the Consumer Protection Act, 2019, shall consist of :

a. a Chairperson and ten other members, or a Chairperson and such other members as may be prescribed.
b. a Chairperson and five other members.
c. a Chairperson and such other members as may be prescribed.
d. a Chairperson and ten other members.
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