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''The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.''
The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms 'consumer' and 'unfair trade practice'. The 2019 Act expands the scope of the definition of 'consumer' so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of 'unfair trade practices' as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.
The 2019 Act has also introduced the concept of 'unfair contract' which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.
Another major introduction in the 2019 Act is the concept of 'product liability' which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term 'product liability' is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as 'platforms' or 'aggregators' will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.
Q. A strawberry flavoured protein shake was manufactured by "Shakes 'n' Shop". The protein shake was meant to be taken with just curd. Sonia took the shake with milk and got a sore throat. Sonia filed a suit against "Shakes 'n' Shop". Decide.
  • a)
    "Shakes 'n' Shop" would be held liable as the shake caused harm to Sonia.
  • b)
    "Shakes 'n' Shop" won't be held liable as Sonia should have checked the ingredients prior to intake.
  • c)
    "Shakes 'n' Shop" won't be held liable as product liability is not covered under the ambit of the Consumer Protection Act, 2019.
  • d)
    None of the above
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
The question is based on the reasoning and arguments, or facts and pri...
"Shakes 'n' Shop" won't be held liable as Sonia should have checked the ingredients prior to intake. The term 'product liability' is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product.
However, in the given case, the manufacturer did not sell a defective product, hence cannot be held liable.
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The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.Biru fancy dress house provides fancy dresses on rent for all kinds of events. Seema rented a dress for an event. Biru asked for a security deposit for Rs. 5000, which was double the price of the dress to be rented, which was unreasonable. Seema filed a suit under the ambit of the Consumer Protection Bill, 2019. Decide.

The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.Zia ordered a dress of white colour from Dress.com for her sisters wedding on 1stApril. She received the package on 1stMarch and didnt open it until the day of wedding. When she opened the package, she found that the dress had a brown stain on it. The bill had no mention of the return policy, so she applied for the return. Decide.

The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.Stinga, a yogurt company, advertises its online product claiming that it boosts immunity and keeps the person healthy as it contains a special kind of bacteria. Zia filed a case against Stinga that it has misled the consumers.

The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.A milk company, selling Parag milk packets of 500 ml, actually delivers only 400 ml through its retailer. The buyer wants compensation. Decide.

Direction: You have been given some passages followd by questions based on each passage. You are required to choose the mot appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.The Parliament passed the Consumer Protection Act, 2019, which promises to strengthen the rights of consumers and provides a mechanism for redressal of complaints regarding defects in goods and deficiency in services.Union Food and Consumer Affairs Minister stressed that the overall purpose of the legislation was to ease the process of addressing grievances of consumers. TheAct also seeks to bring in ecommerce under their jurisdiction and hold celebrities accountable for false and misleading advertisements of products that they endorse. The Act proposed strict action against the advertiser in case of misleading advertisements but not against the media through which the advertisement is being publicised. It also provides for product liability action on account of harm caused to consumers due to defective products or deficient services.Product liability means the liability of a product manufacturer, service provider or seller to compensate a consumer for any harm or injury caused by a defective good or deficient service.Under the Act, a consumer is defined as a person who buys any good or avails a service for a consideration. It does not include a person who obtains a good for resale or a good or service for commercial purpose. It covers transactions through all modes including offline, and online through electronic means, teleshopping, multilevel marketing or direct selling. Only a consumer can bring an action under the Act.Certain consumer rights have been defined in the Act, including the right to: (i) be protected against marketing of goods and services which are hazardous to life and property; (ii) be informed of the quality, quantity, potency, purity, standard and price of goods or services; (iii) be assured of access to a variety of goods or services at competitive prices; and (iv) seek redressal against unfair or restrictive trade practices.The central government will set up a Central Consumer Protection Authority (CCP

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The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.A strawberry flavoured protein shake was manufactured by "Shakes n Shop". The protein shake was meant to be taken with just curd. Sonia took the shake with milk and got a sore throat. Sonia filed a suit against "Shakes n Shop". Decide.a)"Shakes n Shop" would be held liable as the shake caused harm to Sonia.b)"Shakes n Shop" wont be held liable as Sonia should have checked the ingredients prior to intake.c)"Shakes n Shop" wont be held liable as product liability is not covered under the ambit of the Consumer Protection Act, 2019.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?
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The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.A strawberry flavoured protein shake was manufactured by "Shakes n Shop". The protein shake was meant to be taken with just curd. Sonia took the shake with milk and got a sore throat. Sonia filed a suit against "Shakes n Shop". Decide.a)"Shakes n Shop" would be held liable as the shake caused harm to Sonia.b)"Shakes n Shop" wont be held liable as Sonia should have checked the ingredients prior to intake.c)"Shakes n Shop" wont be held liable as product liability is not covered under the ambit of the Consumer Protection Act, 2019.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.A strawberry flavoured protein shake was manufactured by "Shakes n Shop". The protein shake was meant to be taken with just curd. Sonia took the shake with milk and got a sore throat. Sonia filed a suit against "Shakes n Shop". Decide.a)"Shakes n Shop" would be held liable as the shake caused harm to Sonia.b)"Shakes n Shop" wont be held liable as Sonia should have checked the ingredients prior to intake.c)"Shakes n Shop" wont be held liable as product liability is not covered under the ambit of the Consumer Protection Act, 2019.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.A strawberry flavoured protein shake was manufactured by "Shakes n Shop". The protein shake was meant to be taken with just curd. Sonia took the shake with milk and got a sore throat. Sonia filed a suit against "Shakes n Shop". Decide.a)"Shakes n Shop" would be held liable as the shake caused harm to Sonia.b)"Shakes n Shop" wont be held liable as Sonia should have checked the ingredients prior to intake.c)"Shakes n Shop" wont be held liable as product liability is not covered under the ambit of the Consumer Protection Act, 2019.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?.
Solutions for The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.A strawberry flavoured protein shake was manufactured by "Shakes n Shop". The protein shake was meant to be taken with just curd. Sonia took the shake with milk and got a sore throat. Sonia filed a suit against "Shakes n Shop". Decide.a)"Shakes n Shop" would be held liable as the shake caused harm to Sonia.b)"Shakes n Shop" wont be held liable as Sonia should have checked the ingredients prior to intake.c)"Shakes n Shop" wont be held liable as product liability is not covered under the ambit of the Consumer Protection Act, 2019.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.A strawberry flavoured protein shake was manufactured by "Shakes n Shop". The protein shake was meant to be taken with just curd. Sonia took the shake with milk and got a sore throat. Sonia filed a suit against "Shakes n Shop". Decide.a)"Shakes n Shop" would be held liable as the shake caused harm to Sonia.b)"Shakes n Shop" wont be held liable as Sonia should have checked the ingredients prior to intake.c)"Shakes n Shop" wont be held liable as product liability is not covered under the ambit of the Consumer Protection Act, 2019.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.A strawberry flavoured protein shake was manufactured by "Shakes n Shop". The protein shake was meant to be taken with just curd. Sonia took the shake with milk and got a sore throat. Sonia filed a suit against "Shakes n Shop". Decide.a)"Shakes n Shop" would be held liable as the shake caused harm to Sonia.b)"Shakes n Shop" wont be held liable as Sonia should have checked the ingredients prior to intake.c)"Shakes n Shop" wont be held liable as product liability is not covered under the ambit of the Consumer Protection Act, 2019.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?, a detailed solution for The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.A strawberry flavoured protein shake was manufactured by "Shakes n Shop". The protein shake was meant to be taken with just curd. Sonia took the shake with milk and got a sore throat. Sonia filed a suit against "Shakes n Shop". Decide.a)"Shakes n Shop" would be held liable as the shake caused harm to Sonia.b)"Shakes n Shop" wont be held liable as Sonia should have checked the ingredients prior to intake.c)"Shakes n Shop" wont be held liable as product liability is not covered under the ambit of the Consumer Protection Act, 2019.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? has been provided alongside types of The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.A strawberry flavoured protein shake was manufactured by "Shakes n Shop". The protein shake was meant to be taken with just curd. Sonia took the shake with milk and got a sore throat. Sonia filed a suit against "Shakes n Shop". Decide.a)"Shakes n Shop" would be held liable as the shake caused harm to Sonia.b)"Shakes n Shop" wont be held liable as Sonia should have checked the ingredients prior to intake.c)"Shakes n Shop" wont be held liable as product liability is not covered under the ambit of the Consumer Protection Act, 2019.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.A strawberry flavoured protein shake was manufactured by "Shakes n Shop". The protein shake was meant to be taken with just curd. Sonia took the shake with milk and got a sore throat. Sonia filed a suit against "Shakes n Shop". Decide.a)"Shakes n Shop" would be held liable as the shake caused harm to Sonia.b)"Shakes n Shop" wont be held liable as Sonia should have checked the ingredients prior to intake.c)"Shakes n Shop" wont be held liable as product liability is not covered under the ambit of the Consumer Protection Act, 2019.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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