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WorksheetsPGDCLP Product and Service Liability Class 2
Total questions: 19
Worksheet time: 10mins
Name
Class
Date
1.
Which of these are not rules that are applied when a lawyer reads an act?
a)
Official rule
b)
Literal rule
c)
Mischief rule
d)
Beneficial rule
2.
The mischief (or golden) rule of interpretation is used...
a)
to prevent the mischief and align with the goals that the act had in mind
b)
to dissuade the mischief from ever happening again
c)
to punish the mischief makers
d)
when the literal meaning is clear
3.
As a judge reading an act, you will choose that outcome that is closely aligned with either the goal or the benefit of the class of people who it is implemented to protect. This is called...
a)
beneficial rule of interpretation
b)
golden rule of interpretation
c)
mischief rule of interpretation
d)
literal rule of interpretation
4.
The meaning so defined in a statute for a particular word so much so that its meaning cannot go beyond what has been defined. There is nothing that can be included in the meaning beyond what is stated. This is called...
a)
restrictive definition
b)
inclusive definition
c)
conclusive definition
d)
indicative definition
5.
In an act that you are reading, the definition section says this: "appropriate laboratory" means a laboratory or an organisation that is recognised by the Central Government. This definition of "appropriate laboratory" is...
a)
restrictive
b)
inclusive
c)
indicative
d)
inconclusive
6.
The definition of the word has the scope and ambit to go beyond what has been stated and it also gives the scope to interpret and incorporate as to what all can be included in the definition. This is called...
a)
indicative definition
b)
inconclusive definition
c)
loose definition
d)
inclusive definition
7.
Section 2(19) of CPA 2019 says that an "establishment" includes an advertising agency, commission agent, manufacturing, trading or any other commercial agency which carries on any business, trade or profession or any work in connection with or incidental or ancillary to any commercial activity, trade or profession, or such other class or classes of persons including public utility entities in the manner as may be prescribed. This is an example of...
a)
indicative definition and it gives scope to expand
b)
restrictive definition and it does not give scope to expand
c)
inclusive definition and it gives scope to expand
d)
inconclusive definition and it gives scope to expand
8.
A consumer's laptop bursts into flames all of a sudden and no person is injured and no property other than the laptop is damaged. As per the definition of "harm" in CPA 2019, can the consumer claim damages for emotional distress?
a)
No, because the emotional distress should be connected to either a personal injury or damage to property
b)
Yes, because watching a laptop burst into flames is an emotionally damaging experience
c)
Yes, since physical injury cannot be claimed, we have to put it into the category of emotional distress even though there might not be any
d)
No, because no one was hurt
9.
A consumer's laptop bursts into flames all of a sudden and no person is injured and no property other than the laptop is damaged. However, data is lost and the consumer goes into a state of shock temporarily. As per the definition of "harm" in CPA 2019, can the consumer claim any damages?
a)
Yes, compensation can be claimed for the laptop as well as for the emotional distress due to loss of data
b)
No, since no one was physically hurt, no claim can be made
c)
Yes, compensation can be claimed only for the laptop and nothing else
d)
No, since the customer cannot prove that he went into a temporary shock
10.
Under CPA 2019's definition of "harm", loss of consortium does now include which category of relationship?
a)
Live-in relationships
b)
Spousal relationships
c)
Sibling relationships
d)
Parent-child relationships
11.
Data on your laptop was lost when it exploded but data is not covered in the definition of property under CPA 2019. What can you do?
a)
Argue that data is property and highlight the terms "unless context otherwise requires" at the beginning of the definition section of CPA 2019
b)
Not much since property is a restrictive definition and does not list data
c)
While you can get compensation for laptop and maybe even emotional distress in seeing your data being lost, you cannot get compensation for the data itself
d)
Argue that data is property as defined in Section 2 of the CPA
12.
Section 2(21) of CPA 2019 says "goods" means every kind of movable property and includes "food" as defined in clause (j) of sub-section (1) of section 3 of the Food Safety and Standards Act,2006. Can we use this definition to file against an apartment builder under CPA?
a)
No, this definition cannot be used but we might be able to use definition of service
b)
No, this definition cannot be used and there is no other recourse under CPA 2019
c)
Yes, because the beginning of Section 2 says "unless context otherwise requires"
d)
Yes, because we have precedents of people suing builders under CPA 2019
13.
Section 2(1) of CPA 2019 says "advertisement" means any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice or such other documents. The last portion of the statement where it says "or such other documents" is an example of...
a)
ejusdem generis
b)
caveat emptor
c)
caveat venditor
d)
ipso facto
14.
Section 2(42) of CPA 2019 says "service" means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service. This uses both "means" as well as "includes" in the definition and hence the definition is both...
a)
expansive and restrictive
b)
indicative and inconclusive
c)
conclusive and restrictive
d)
restrictive and loose
15.
You hire Dholu as a driver for a generous sum and supervise his activities but are unhappy with his performance. Later you hire Bholu through a driver booking service and find him to be unsatisfactory as well. What are your legal options against Dholu and Bholu?
a)
Cannot sue Dholu because it was under personal service but can sue Bholu's company since it was under contract for service
b)
Cannot sue Dholu since he is poor but can sue Bholu since he works for a company
c)
Can sue Dholu because it was contract for service but cannot sue Bholu since it was under personal service
d)
Cannot sue Dholu because it was under personal service but can sue Bholu since it was under contract for service
16.
You hire a lawyer for a particular case and find his performance less than satisfactory in terms of preparations for the case as well as the arguments he makes in the court. Can you sue the lawyer under CPA for deficiency in service?
a)
It is unclear at this time since Supreme Court has stayed the judgement from NCDRC (in the Bar of Indian Lawyers v D K Gandhi case) that said that lawyers can be sued for deficiency in service
b)
You cannot sue lawyers since Delhi State Commission passed a verdict that said that lawyers will not come under the ambit of service
c)
You can sue lawyers since there is a consideration and they are not hired for personal service
d)
You cannot sue lawyers because no lawyer will take up a case against another lawyer since it is banned by the Bar association
17.
Dholu borrows Bholu's car and goes for a drive. When the car is parked, Raju steals the car and suffers an accident due to a failed brake. Who can sue the car company for the deficiency in the braking system, specifically citing this particular accident?
a)
No one can sue the company since neither the owner nor the person who took permission from the owner was driving the car at the time of the accident
b)
Raju can sue the car company since he is the one who was in the accident
c)
Bholu can sue the company since he is the owner of the car
d)
Dholu can sue the company since he is the last person to have used the car with permission from the owner
18.
The Laxmi Engineering Works v. PSG Industrial Institute case set a precedent and helped in clarifying what commercial purpose means as defined in CPA. In this case, the Supreme Court...
a)
ruled that Laxmi Engineering Works was using the machines for commercial purposes even though they came under small scale industries and it was a proprietorship
b)
ruled that Lakshmi Engineering Works was not using the machines for commercial purposes but only for their livelihood
c)
ruled that there were no provisions under CPA 1986 to exclude Lakshmi Engineering Works' use of equipment as non-commercial
d)
ruled that there were no provisions under CPA 2019 to exclude Lakshmi Engineering Works' use of equipment as non-commercial
19.
X is self-employed and runs a cab company where he drives the car himself. When his venture becomes successful, he buys two more cars and hires his brothers Y and Z to drive them. If there is an issue with the cars driven by Y or Z can CPA 2019 be used to file a case against the car company?
a)
No, Y and Z are using the cars for commercial purposes even though they have the permission of the owner X
b)
Yes, since Y and Z are brothers of X and they are using the cars with permission from X
c)
Yes, even though Y and Z are driving the cars, X is still the owner and this can be classified as self-employment and a case can be filed under CPA 2019
d)
No, because Y and Z are employees of the company and employees cannot file a case under CPA
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