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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)
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संबंधित प्रश्न
Principle: An employer is liable for an injury caused by an employee in the course of employment.
Facts: 'A‘ and 'B‘ were working in a factory as unskilled laborers. A was carrying a basket of stones on his head. B was sitting on the ground. When A crossed B, all of a sudden a stone fell down from the basket and hit B on his head. B died instantaneously.
Mark the best option:
Facts: Manish finds a gold watch lying on the road next to his house. He puts the watch in his pocket and returns home. Has Manish committed theft?
Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent moves that property in order to take it, is said to commit theft.
Which of the following is not an objective of the law of tort?
The Law of the contract is different from the law of tort in which way...?
PRINCIPLE Mere delegation does not transfer authority unless there is an actual transference of the power to control the actions of the servant.
FACTS The Delhi Metro Rail Corporation set-up a link transport service permitting passengers to use buses to the end destinations. These buses and drivers were provided on contract to the Metro Corporation by the Delhi Bus Company and the drivers were trained, supervised and instructed into the routes and manner of driving by employees of the corporation. When a passenger X, had boarded one such bus and was involved in an accident on account of the bus driver; he wants to know against whom should he file the suit under the principle of vicarious liability.
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal Principles:
1. Master/ Principal is vicariously liable for the tort committed by a servant/ agent, in the performance of his duties as a servant/ agent.
2. Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent or reasonable man would not do.
Factual situation: A patient is brought to a hospital maintained by B. The patient is to be operated upon, As a result of faulty oxygen supply, the patient dies on the operation theatre table, then DECISION:
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Principle: In a civil action for defamation, the truth of the defamatory matter is an absolute defense. However, the burden of proving truth is on the defendant; and he is liable if he does not successfully discharge this burden.
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Under the circumstances, which of the following derivations is correct?
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Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal principle: A statement is defamatory in nature if it is injurious to a person’s reputation and if the statement has been published.
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Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn’t possess this skill or knowledge.
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X and Y Co. were advertising agents placing contracts on behalf of a client on credit terms, X and Y Co. would be personally liable should the client default. To protect themselves, the X and Y asked their bankers to obtain a credit reference from K and L, the client’s bankers. The reference (given both orally and then in writing) was given gratis and was favorable, but also contained an exclusion clause to the effect that the information was given ‘without responsibility on the part of this Bank or its officials’. X and Y relied upon this reference and subsequently suffered financial loss when the client went into liquidation. X and Y sued K and L Co. for negligence, claiming that the information was given negligently and was misleading. K and L argued there was no duty of care owed regarding the statements. Decide.
