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प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option
Principle: A person is said to do a thing fraudulently, if he does that thing with intent to defraud, but not otherwise.
Facts: 'A' occasionally hands over his ATM card to 'B' to withdraw money for 'A'. On one occasion 'B' without the knowledge of 'A', uses 'A's ATM card to find out the balance in 'A's account, but does not withdraw any money.
विकल्प
'B' has not committed the act fraudulently.
'B' has committed the act fraudulently
'B' has committed misappropriation
'B' has committed breach of faith
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उत्तर
'B' has not committed the act fraudulently.
Explanation:
For fraud, it is necessary that a person intentionally makes a false statement to deceive another party and thereby induce him to enter into a contract. If the intention to deceive the party is absent, there is no fraud.
'B' does not have any intention of withdrawing money from the account of 'A' without the consent of 'A' and no withdrawal has been carried out by 'B' who only checks the balance in the account. (Derry v Peek (1889) LR 14 App Cas 337, UKHL 1)
APPEARS IN
संबंधित प्रश्न
Principle: The sale of liquor is illegal. All agreements relating to prohibited items do not exist in the eyes of law.
Facts: 'A‘ entered into an agreement with 'B‘ for the sale of liquor. 'A‘ failed to supply the agreed quantity of liquor to B.
Principle: Whoever by words publishes any imputation concerning any person is said to defame that person.
Facts: During a marriage ceremony, A circulated a pamphlet saying the sister of the bride 'S‘ is a thief, she has stolen the shoes of the bridegroom.
Principles:
- An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for services. He undertakes to produce a given result, and in the actual execution of the work, he is not under the direct control or following directions of his employer. He may use his own discretion in execution of the work assigned.
- In general, an employer is not liable for the torts (wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.
Facts: Ramesh hired a taxicab to go to Delhi Airport. As he started late from his home, he kept on urging the taxidriver to drive at a high speed and driver followed the directions; and ultimately due to high speed an accident took place causing injuries to a person.
Principle: One who dishonestly misappropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.
Facts: 'A' takes property belonging to 'Z' out of Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, 'A', on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.
Directions: Read the statement and on the basis of that, choose the most appropriate course of action(s) given below the statement.
Statement: Most of those who study in premier Medical colleges in India migrate to developed nations for better prospects in their professional pursuits.
Courses of Action:
I. All the students joining these colleges should be asked to sign a bond at the time of admission to the effect that they will remain in India at least for ten years after they complete their medical education.
II. All those students who desire to settle in the developed nations should be asked to pay the entire cost of their education which the government subsidised.
Legal Principle: An employer is liable for the act of his servant performed during the course of employment.
Fact Situation: While working as a driver for Verma, Alok sometimes used to earn some side income by carrying parcels for others in Verma’s car without his knowledge or permission. While going to pick Verma from the airport one day, Alok stopped to deliver a parcel he was carrying with him. While he was delivering the parcel, which unknown to him was one of contraband goods, the police arrested Alok.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Legal Principle: Parents are not liable for wrongs committed by their children unless they provide the opportunity for such wrongful acts to be committed by their children.
Fact Situation: Sunil, a minor, takes the keys to his father’s car from the tabletop where his father keeps it, drives the car on the public road and hits a pedestrian who gets injured.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Every murder is a culpable homicide but every culpable homicide is not murder. This statement
Mark the best option:
Principles: In case, where the government is a party, the government shall be the first owner of the copyright in the work unless there is an agreement to the contrary.
Facts: The Government of the State of X entered into an agreement with a retired Professor of Botany. Resultantly he wrote the book.
Principle: A citizen is expected to take reasonable duty of care while driving on the road and not to cause injuries to any person.
Facts: X, the owner of a car, asked his friend Y to drive the car to his office. As the car was near his (X' s) office, it hit a pedestrian P on account of Y' s negligent driving and injured him seriously. P sued X for damages.
Which one of the following is correct?
