1st Sem 2nd Internal Important Question and Answers 2022 LLB – PRR

For Padala Rama Reddi Law College
Law of Contracts I – 2nd Internals Important Questions & Answers
1. Quasi contracts are created by Law.

2. Novation?
A.It means substitution of a new contract in the place of old contract either with the change of parties or without. Novation takes place with the consent of all the parties. The consideration for new contract is discharge of the old contract. Novation is possible only before the discharge of the contract. If any reason parties are not able to perform the new contract they can perform the old contract.

3.Remission?
A. Remission means acceptance of a lesser fulfillment of the promise made, example, acceptance of a lesser sum than what was contracted for, in discharge of whole of the debt. It is not necessary that there must be some consideration for the remission of the part of the debt.

4.Various Modes of Discharge of a contract?
A.a) Discharge by performance
b) Discharge by Mutual Agreement/ Consent
c) Discharge by Impossibility of performance
d) Discharge by lapse of time
e) Discharge by operation of law
f) Discharge by breach of contract

5. Supervening Impossibility?
A. All the above

6.Vindictive Exemplary Damages?
A. Damages which are given by way of punishment. They have no place in law of contracts because they are given by way of punishment. They are granted in contracts in two cases.
a) Breach of Promise to marry
b) Wrongful dishonor of a cheque by a banker.

7.Legal position of a finder is similar that of a Bailee.

8. What is meant of Penalty?
A. Disproportionate to the actual contract
(proportionate to the contract is liquidated damages)

9.Ubi Jus IbiRemedium
A. where there is a right there is a remedy

10. Sec 20 of Specific Relief Act
A. Substituted Performance

11.Definition of damages?
A. Damage means monetary compensation allowed to the injured party by the court for loss or injury suffered by him by the breach of the contract.

12.Ordinary Damages?
A. When there is a breach of contract aggrieved party is entitled to such damages which naturally arose in the usual course of things from such breach known as ordinary damages.

13. Mitigation of Damages?
A.It is the duty of the injured party to take all reasonable steps to mitigate the loss caused by breach of the contract.

14.Quantum Meruit?
A. Quantum Meruit means as much as earned or as much as merited.
A right to sue on quantum meruit arises when a party has partly performed and has been discharged by the breach of the other party. This right is not on the original contract because the contract has been declared to be void.

15. Basis for law of damages?
A. Hadley Vs Baxendale

16.What is specific performance?
A. Exact fulfillment of the promise

17. Finder of goods is liable to true owner on the basis of Quasi contractual obligation.

18. The performance of the contract becomes impossible or unlawful subsequent to its formation the contract becomes void.

19. Definition of Injunction?
A. When a party is in a breach of negative term of a contract, court may by issuing an order restrain him from doing what he promised not to do.

20.What is contingent contract?
A. Sec.31 defines contingent contract.
A contingent contract is a contract to do or not to do something if some event collateral to such contract does or does not happen

Short Questions

1. Discharge of contract

A. Discharge of contract means terminating the contractual relationship between the two or more parties who entered into the contract previously. When the rights, obligations and duties of the parties come to an end it is known as the discharge of contract.

Various modes of Discharge of contract:

a) Discharge by performance

b) Discharge by Mutual Agreement/ Consent

c) Discharge by Impossibility of performance

d) Discharge by lapse of time

e) Discharge by operation of law

f) Discharge by breach of contract

2. Various remedies for breach of contract

A. Breach of contract means breaching of the obligation which a contract imposes it. When a party to a contract without lawful excuse doesn’t fulfill his contractual obligation or by his own out makes it impossible.

Ubi Jus ibiremedium

Wherever there is a right there is a remedy, A remedy is the means given by law for the enforcement of a right.

Whenever a contract is broken the injured party, who is not in breach has one or more of the following remedies.

1. Recission of the contract

2. Suit for damages

3. Suit for Quantum Meruit

4. Suit for Specific Performance

5. Sui for Injunctions.

3. Quasi Contracts?

A. Quasi contracts are created by law and rests on the ground of equalty.->that a person shall not be allowed enrich himself unjustly at the expense of another-> unjust enrichment.

Law of quasi contracts is also known as Law of Restitution.

Sec.68 to 72 deal with 5 kinds of Quasi contracts or Quasi contractual obligation.

Five kinds of Quasi Contracts

1. Sec 68-> Supply of Necessaries

2. Sec 69-> Payment by an interested person

3. Sec 70-> obligation to pay for non-gratuitous acts

4. Sec 71-> Responsibility of finder of goods

5. Sec 72-> Mistake or coercion.

4. Quantum Meruit?

A. Quantum Meruit means as much as earned or as much as merited. A right to sue on Quantum Meruitarises when a party has partly performed and has been discharged by the breach of the other party. This right is not on the original contracts because contract has been declared to be void.

a) when a person has done some work under a contract and the other party repediates (avoids) the contract.

b) when some event happens which makes the further performance of contract impossible. Then the party who has performed the work can claim remuneration for the work which he has already done.

Right to claim Quantum Meruit does not arise out of contract. It is a claim on Quasi contractual obligation which the law implies under certain circumstances.

Case Law: Craven Ellis Vs Cannon Ltd, 1936

5. Doctrine of Frustration?

A.Doctrine of Frustration is a parallel concept of supervening impossibility. It comes into play when the common object of a contract can no longer be achieved or when the contract after it is made becomes impossible of performance due to circumstances beyond the control or contemplation of the parties. When such a situation arises as the object has been frustrated, contract is void and parties are discharged of their performance.

 

Family Law I 1st Semester 2nd Internal important MCQ

##1.The Natural guardian of Minor Hindu boy as laid down by Sec.6 of HM&G Act 1956 is the

A. Father

B. Mother

C. Both A&B

D. None of the above

##2. Under Hindu succession Act 1956, who amongst the following is not in class I heir

A. Father

B. Mother

C. Son

D. Daughter

##3. The Hindu Succession Act 1956, came into force

A. 17th March 1956

B. 17th June 1956

C. 17th September 1956

D. 17th December 1956

##4. Father’s widow is

A. Class I heir

B. Class II heir

C. Agnate

D. Cognate

##5.Property inherited by a Hindu made under Sec.6 of Hindu succession Act 1956 on the death of the said Hindu, the devolution of such property shall be governed

A. Succession under the Act

B. survivorship on joint family property

C. both A & B

D. none of the above

##6. Husband in entry (a) of section 15(1) of Hindu Succession Act, 1956 does not include

A. a husband of subsisting marriage

B. a divorced husband

C. a husband against whom a decree of judicial separation has been passes and there is compliance of the same

D. B and C

##7. Rule 2 under section 10 of Hindu Succession Act, 1956 incorporate

A. per capita rule

B. per stripes rule

C. per capita per stripes rule

D. rule of exclusion

##8. Rule 3 under section 10 of Hindu Succession Act, 1956 incorporate

A. per capita rule

B. per stripes rule

C. per capita per stripes rule

D. rule of inclusion

##9.A Hindu coparcenery consists of the

A. common male ancestor and his three male lineal descendants

B. common male ancestor and his four male lineal descendants

C. common male ancestor and his five male lineal descendants

D. common male ancestor and his seven male lineal descendants.

##10. ____________________ means renunciation of the estate by a female owner

A. Surrender

B. compromise

C. terminate

D. none of the above

##11. _______________ is the only nearest heir who has not found a place in Class I heir

A. mother

B. daughter

C. son

D. father

##12. A guardian by ______________________ is the guardian of a minor widow

A. Testament

B. Affinity

C. De facto

D. certified

##13. Whenever a coparcener expresses his intention to partition_________________________ takes place

A. unity of possession

B. enlargement

C. severance of status

D. reunion

##14. Son in class I of the schedule to the Hindu Succession Act 1956 exclude

A. an adopted son

B. an illegitimate son

C. a separated son

D. none of the above

II. Short Questions:-

1. Powers of a karta.

In Hinduism, a karta is the eldest male member of a joint family who is responsible for managing the family’s affairs and assets. The term “powers of a karta” refers to the legal and decision-making authority that the karta possesses in relation to the family.

Here are some short notes on the powers of a karta:

1. Managerial Authority: The karta has the power to manage and control the assets of the family, including property, finances, and businesses. They can make decisions related to buying, selling, or investing in these assets.
2. Decision-Making Authority: The karta has the final say in all family matters and can make decisions related to family disputes, marriages, and other important events.
3. Legal Authority: The karta has the power to represent the family in legal matters and sign legal documents on behalf of the family.
4. Taxation Authority: The karta is responsible for filing tax returns on behalf of the family and paying any taxes owed.
5. Religious Authority: The karta is also responsible for performing religious ceremonies and rituals on behalf of the family, as well as making donations to temples and other religious institutions.

2. Class I heirs.

In Hindu family law, Class I heirs refer to a specific group of relatives who have the first right of inheritance in the absence of a will. Here are some short notes on Class I heirs in Hindu family law:

1. Definition: Class I heirs are defined as the closest living relatives of the deceased, who are entitled to inherit the property in the absence of a valid will.
2. Hierarchy: The hierarchy of Class I heirs in Hindu family law is as follows: (a) the sons, daughters, and the mother, (b) the widow, (c) the father, (d) the son’s daughter, son’s son’s daughter, brother, and (e) the daughter’s son, daughter’s daughter’s son, sister.
3. Right of Inheritance: Class I heirs have an equal right to inherit the property of the deceased. If any of the Class I heirs is deceased, their share will be divided equally among their own Class I heirs.
4. Exclusion: If the deceased has left behind a valid will, the Class I heirs will not inherit the property. The will can name anyone as the beneficiary of the property.
5. Applicability: The rules regarding Class I heirs in Hindu family law apply in cases where the deceased has not left behind a valid will and the property is ancestral or self-acquired.

3. Natural Guardian

a natural guardian refers to a person who is legally responsible for the care and upbringing of a minor child. Here are some short notes on natural guardians:

1. Definition: A natural guardian is a person who is responsible for the care and welfare of a minor child by virtue of their relationship with the child. In most cases, the natural guardian is the child’s parent.
2. Types of Natural Guardians: In general, there are two types of natural guardians: (a) the father and (b) the mother. In certain cases, both parents may act as joint natural guardians.
3. Powers and Responsibilities: Natural guardians have a range of powers and responsibilities, including making decisions related to the child’s education, health, and general welfare. They are also responsible for providing for the child’s financial needs and ensuring their safety and wellbeing.
4. Legal Status: Natural guardians have a legal status and are recognized as having the authority to make decisions on behalf of the child. They may be required to obtain legal authorization in certain situations, such as if they wish to take the child out of the country.
5. Limitations: The powers of natural guardians are not absolute and may be subject to limitations or restrictions imposed by law or court order. In certain situations, such as cases of abuse or neglect, the natural guardianship may be revoked by a court and assigned to another person or entity.

4. Coparcenary

Coparcenary is a legal term used in Indian law to describe a specific form of joint ownership of property that is recognized in Hindu family law. Here are some short notes on coparcenary:

1. Definition: Coparcenary refers to a form of joint ownership of property that is recognized in Hindu family law. It is a concept that applies only to male members of a family.
2. Membership: Under Hindu law, only male members of a family can be coparceners. A coparcener is a person who shares equally in the ownership of ancestral property with other coparceners.
3. Inheritance: In a coparcenary, the property is inherited by the male members of the family in a specific order, as defined by Hindu law. The eldest male member is the head of the coparcenary, and upon his death, his share is divided equally among the other coparceners.
4. Rights and Obligations: Coparceners have certain rights and obligations under Hindu law. They have the right to demand a partition of the property and to receive their share of the property upon partition. They also have an obligation to maintain and support each other.
5. Women’s rights: Prior to 2005, women did not have the right to be coparceners under Hindu law. However, this changed with the enactment of the Hindu Succession (Amendment) Act, 2005, which granted women equal rights to ancestral property.

5. Rights of a Coparcener.

A coparcener is a person who shares equally in the ownership of ancestral property with other coparceners in Hindu family law. Here are some short notes on the rights of a coparcener:

1. Right to Demand Partition: A coparcener has the right to demand a partition of the ancestral property. This means that they can ask for their share of the property to be separated and distributed to them.
2. Right to an Equal Share: Each coparcener has an equal share in the ancestral property. This means that the property is divided equally among all the coparceners.
3. Right to Manage the Property: Coparceners have the right to manage and control the ancestral property. They can make decisions regarding the property and use it for their benefit.
4. Right to Transfer their Share: A coparcener has the right to transfer or sell their share in the ancestral property to another coparcener or to a third party.
5. Right to Sue: Coparceners have the right to sue each other for their share of the ancestral property.
6. Right to Challenge Transactions: Coparceners have the right to challenge transactions related to the ancestral property that were made without their consent.

Also, it’s worth noting that after the 2005 amendment to the Hindu Succession Act, daughters also have equal rights as coparceners in the ancestral property.

6. Stridhan

Stridhan is a term used in Hindu Law to describe the property owned by a woman, which she receives as gifts or inheritance. It is considered to be the woman’s absolute property and is not subject to any control by her husband or any other family member.

Stridhan can include movable and immovable property, jewelry, cash, and other valuables that a woman may receive as gifts or inheritances. It is given to the woman during important events like marriage, childbirth, or other auspicious occasions.

The concept of Stridhan is an important aspect of gender equality in Hindu Law, as it gives women financial independence and security. It also protects them from the financial exploitation that may occur in the event of a marital breakdown or other family disputes.

In case of any disputes regarding the ownership or management of Stridhan, the woman has the right to seek legal redressal and protect her property rights.

7. Joint family property

Joint family property refers to the property owned by a Hindu Undivided Family (HUF) under Hindu Law. It includes both movable and immovable assets, such as land, buildings, jewelry, cash, and other valuables, which are owned and managed jointly by all the members of the family.

The concept of Joint family property is based on the idea of common ownership and collective responsibility. It is governed by the principles of Hindu Law and is subject to the rules of succession, partition, and inheritance.

The management and distribution of joint family property are usually governed by the Karta or the head of the family, who has the responsibility to maintain and manage the assets for the benefit of all the members of the family.

However, in case of disputes regarding the management or distribution of the joint family property, the members of the family can approach the courts for a resolution.

Overall, joint family property is an important aspect of Hindu Law and plays a significant role in maintaining family traditions, culture, and values, while also providing economic security and stability for all the members of the family.

8. Testamentary guardian

A testamentary guardian is a person who is appointed by a parent or legal guardian through a will or testament to take care of their minor child or children in case of their death.

Under Indian law, a testamentary guardian is appointed by the parent or legal guardian through a will or testament, which outlines the rights and responsibilities of the guardian towards the child. The appointment of a testamentary guardian is subject to the approval of the court, which verifies the suitability of the guardian and ensures that the child’s best interests are protected.

The testamentary guardian has the responsibility to take care of the child’s physical, emotional, and educational needs, and to provide for their maintenance and upbringing. They also have the right to make important decisions regarding the child’s welfare, including their education, health, and religious upbringing.

If the testamentary guardian is unable or unwilling to carry out their responsibilities towards the child, the court can appoint another guardian who is deemed suitable to take care of the child.

Overall, the appointment of a testamentary guardian is an important step towards ensuring the well-being of a child in case of the parent’s untimely demise, and it provides much-needed stability and security for the child’s future.

9. Rules regarding distribution of property of males

Under Hindu law, the distribution of property of a male is governed by the rules of succession, which vary depending on the marital status of the male and the presence of surviving legal heirs.

If the male is married at the time of his death and has surviving legal heirs, his property is divided among his wife, children, and other immediate family members according to the rules of Hindu Succession Act, 1956. The wife is entitled to a share of her husband’s property as a Class I legal heir, along with the children. The property is divided equally among the legal heirs, with the sons and daughters receiving an equal share.

If the male is unmarried at the time of his death and has no surviving legal heirs, his property passes to his mother and father equally, and in the absence of them, to his siblings. If there are no surviving siblings, the property goes to the paternal and maternal grandparents, and in their absence, to their legal heirs.

If the male has made a valid will, the distribution of his property is governed by the terms of the will, provided that it is not contrary to the provisions of Hindu Law.

In all cases, the distribution of property of a male is subject to the approval of the court, which ensures that the rules of succession are followed and that the property is distributed among the legal heirs in a fair and just manner.

10. Notional partition

Notional partition refers to a hypothetical partition of joint family property in Hindu Law, where the physical division of property does not take place, but the shares of individual family members are determined as if the partition had occurred.

A notional partition may occur in various circumstances, such as when a member of the joint family dies or when there is a dispute among family members regarding the ownership or management of the joint family property.

The notional partition involves the division of the joint family property among the family members, with each member being assigned a specific share in the property. The share is determined based on the rules of Hindu Law, taking into account various factors, such as the age, gender, and status of the family member.

Once the shares of individual family members have been determined, they are treated as separate property, and each member is free to manage and dispose of their share as they wish.

Notional partition is often used as a means of resolving disputes among family members without the need for a physical division of property, which can be time-consuming and complex. It allows for a more straightforward distribution of property and can help to preserve family harmony and relationships. However, it is important to note that notional partition does not result in a physical division of the property, and therefore, it may not be suitable in all cases.

 

Constitutional Law Important Questions – Semester I, Internal 2, 3 Years LLB

1. Article 19 deals with fundamental freedom.

2. Fundamental freedoms under article 19 are six.

3. Freedom of speech and expression is dealt underArticle.19 (1) (a)

4. reasonable restrictions on fundamental freedoms are provided underArticle 19 (2) (6)

5. Article 21 deals with Right to Life and Personal Liberty

6. Life under article 21 should be aDignified Life

7. Article 20 deals with rights of accused person

8. Rights of accused person are

a. Right against ex post facto

b. Right against Double Jeopardy

c. Protection Against Self Incrimination

d. All of the Above

9. Fundamental rights are mutually inclusive

10. Right against self incrimination under article 20(3) is also known as Right against Testimonial Compulsion

11. Freedom of speech and expression includes Freedom of Press

12. Most famous case under Article 21 is Menaka Gandhi vs Union of India

13. Natural Justice principles are part of Article 14 & Article 21

14. Procedure established by Law should be Fair, Just and Reasonable

15. Article 22 – Protection against arrest and detention in certain cases

It deals with the right of the arrested persons and Detention persons

16. Article 22(1) & 22(2) deals with rights of Arrested Person

17. Right to free legal aid is part of Article 21

18. Right against custodial torture Article 21

19. Most famous case of custodial torture are

Nilabati Behera vs. State of Orissa, 1993

D.K. Basu vs. State of West Bengal, 1997

Paramvir Singh Saini v. Baljit Singh & Others

20. Procedure of detenue has been provided under Article 22(4) to 22(7)

Short Answers

1. Explain Article 21?

Protection of Life and personal liberty – No person shall be deprived of his life and personal liberty except according to procedure established by law.

2. Right of the Accused person under article 20?

Right against ex post facto

Right against double jeopardy

Right against self incrimination

3. Explain the fundamental freedon guaranteed under Article 19?

Article 19(1) confers all citizens have the right

a) to freedom of speech and expression

b) to assemble peaceably and without arms

c) to form associations or unions( or co-operative societies)

d) to move freely throughout the territory of india

e) to reside and settle in any part of the territory of india

f) to practise any profession or to carry on any occupation, trade or business

4. Article 14 deals with

Equality before the law or equal protection of the laws

5. Right to equality is provided under Article 14 to Article 18

 

Environmental Law 1 Sem, 2nd Internal, 3 YDC Important Questions

MCQ

1. Restriction on the use of loud speaker or public address system are mentioned in Noise Pollution Control Rules-2000.

2. What are the uses of forests?

A. All the above

3. All kinds of land claims relating to reserve forests under the forest Act 1927 are settled by

A. Forest Settlement Officer

4. The purpose of wildlife protection Act 1972 is to

A. Provide protection to animals & wild life

5. Which article imposes a duty on all the citizens to protect and improve natural environment and to have compassion for living creatures?

A. Article 51A (g)

6. Which type of animals are prohibited from hunting?

A. Endangered Animals

7.The Air prevention and control of pollution Act came in the year?

A. 1981

8. The purpose off environmental protection Act 1986 was

A. All the above

9. Which directive Principle of State Policy was introduced to protect and improve environment and to safe guard the forests & wild life of the country?

A. Article 48 A

10. Right to healthy environment is a part of constitution of India ?

A. Article 21

Fill in the Blanks

1. The Precautionary principle in the context of municipal law means environment measures by the State Govt’s and the Statutory Authorities must anticipate, prevent and attack the cases of environmental degradation much before they occur and cause damage.

2. Section 268 of IPC deals with Public Nuisance which causes annoyance, discomfort and harm to public at large.

3. Article 32 of Indian Constitution provides the right to move the supreme court by the appropriate proceedings for the enforcement of rights conferred by part B of fundamental rights.

4. Article 226 of Indian Constitution provides that the High Court can entertain writ petitions relating to fundamental rights or any of the legal rights.

5. Article 21 says that no person shall be deprived of his life and personal liberty except according to procedure established by law.

6. The estate shall endeavor to protect and improve the environment to safe guard the forests and wild life of the country under the directive principle of state policy Article 48A.

7. Public interest litigation means a legal action initiated in a court of law for the enforcement of public interest or general legal rights or liabilities are effected.

Short Q&A’s

1. Define Public Nuisance?

Ans. Environmental pollution is a type of public nuisance. Section 268 of the Indian Penal Code, 1960 defines the term public nuisance as an act or omission of some act which results in annoyance or common injury to the public.

Examples of public nuisance include pollution of navigable waterways, interfering with the use of public parks and the creation of public health hazards

2. What is polluter pays principle?

A. The ‘polluter pays’ principle is a simple principle based on common sense: the polluter — and this could be the actors or the activity causing the pollution — should pay to right the wrong. This could entail cleaning up the polluted area or covering the health costs of the people affected.

According to Indian law, the “polluter pays” principle covers the direct expenses to those harmed by the pollution and the costs to the environment and the property.

3. What is Public Interest Litigation?

A. A PIL can be filed with respect to the Environmental degradation under the following circumstances:

a) Causing Environmental Pollution in any form which is likely to cause harm to the public.

b) Causing violation of the basic Human rights of the poor by disregarding them.

4. Explain the concept of sustainable development?

A. Sustainable development aims at promoting the kind of development that minimizes environmental problems and meets the needs of the present generation without compromising the ability of the future generation to meet their own needs.

5. Explain the salient features of Green Tribunal Act 2010?

A. Some of the major objectives of the National Green Tribunal (NGT) are as follows:

a) Effective and expeditious disposal of cases that are related to the protection and conservation of the environment, forests, and other natural resources.

b) To give relief and compensations for any damages caused to persons and properties.

 

 

Law of Torts, Important Questions, 1 Sem, 2nd Internal, 3 YDC
MCQ & Short Answers, Blanks Updated

Multiple Choice

1. Suit of defamation the defendant can take defense of
a. truth, b. faith comment, c. privilege d. all

2. libel is defamation which is caused Permanent form

3. For false imprisonment the plaintiff has to prove restraint was total

4. res ipsa loquitur means the thing speaks for itself.

5. in an actions for malicious prosecution the plaintiff must prove that That he
a. was prosecuted by the defendant,
b. suffered damage,
c. acted malicious,

d. all above

6. Remoteness of damage is determined by Test of Reasonable Foresight, test of directness

7. Actio personalis moritur cum persona means personal right of action dies with the person

8. A has given some jewelry for sale custody but b sells themit is called Conversion

9. Which one is following defense for wrong of nuisance
a. Statutory Authority
b. Prescriptive authority
c. a&b

10. The right of action by the plaintiff against defendant may be discharged by ALL –
a. by Waiver,
b. by Accord and Satisfaction,
c. by Release, or by the judgement of the court of law
d. All

Blanks
1. Slender is published of defamatory transient form
2. Nuisance is a Trespass with use enjoyment of land
3.Innuendo are words which appear innocent but content defamatory meaning
4.Assault means Apprehension of fear
5. Any surrender of a right of action is called release
6.The test of reasonable foresight was held in the Wagon Mound Case

7. Acquiescence meaning sleeping over rights

8. Inducement of breach of contract was established in Lumley v Gye case

9. An Injunction is an order of the court directly of some act on restraining of some

10. Nominal damages are awarded by the court to plaintiff

Short Ans

1. Distinguish between Assault and Battery

Assault

Every assault does not include a battery.

Assault is the attempt to commit battery.

Assualt is done to threaten the person only.

To commit an offence of assault, it is not necessary to contact the body of a person physically.

For an assault a mere apprehension of danger is sufficient.

Battery

Whereas, every battery includes assault. The battery is an aggravated form of assault.

Battery includes the intentional application of force on another person.

The battery is done to cause physical harm to the person.

To commit an offence of battery, it is required to contact the body of a person physically.

For a battery, there must be an actual application of physical force.

2. Elements of defamation

The statement must be published

The statement must refer to the plaintiff

Defamation must be published

Justification or truth

Fair Comment

3. Essentials of negligence

1) Duty Of Care

2) Breach of Duty to take care

3) Actual cause or cause in fact

4) Proximate cause

4. Salient features of the Consumer (Protection act)

The salient features of the Consumers Protection Act, 1986 are:

It applies to all goods, services and unfair trade practice unless specifically exempted by the Central Government.

It covers all sectors- private, public or co-operative.

It provides for the establishment of consumer protection councils at the central, state and district levels to promote and protect the rights of consumers and a three-tier quasi consumer’s grievances and disputes.

It provides statutory recognition to the six rights of consumers.

5. Difference between judicial remedies and extra judicial remedies

Judicial Remedies

1. They require process of law.

2. There is no chance of using force.

3. Some delay is caused to get the relief due to the procedures of the Courts.

4. In most of the remedies, compensation and other reliefs are available.

5. All judicial remedies are accepted by the law.

6. The Judicial Remedies are: (a) Damages; (b) Injunctions; and (c) Specific Restitution of Property or Specific Performance.

Extra-judicial Remedies

1. They do not require process of law.

2. Sometimes the plaintiff may use reasonable force.

3. Immediate relief is available.

4. In most of the remedies compensation will not be available.

5. The extra-judicial remedies are accepted by law, until the remedies are within the reasonable limits.

6. Extra-judicial remedies are: (a) Expulsion of trespasser; (b) Re-entry on land; (c) Recaption of goods; (d) Distress damage feasant; (e) Abatement of nuisance.