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प्रश्न
Principle: Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.
Fact: 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bedroom of the house. 'A' sued 'B' for trespass.
विकल्प
'B' has offended 'A' by moving to bedroom.
'B' has interfered with privacy of 'A'
'B' has committed trespass as there was no consent of 'A' for entry in the Bedroom.
'B' has committed no trespass as he entered the house with 'A's consent.
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उत्तर
'B' has committed trespass as there was no consent of 'A' for entry in the Bedroom.
Explanation:
In trespass, the interference with the possession is direct and through some tangible object. The reasonable conclusion is drawn that B has committed trespass as there was no consent of A for entry in the Bedroom. Hence "'B' has committed trespass as there was no consent of 'A' for entry in the Bed room." correct.
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संबंधित प्रश्न
Consists of legal proposition(s)/ principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: Where one of the parties to a contract was in the position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate the decision of the other party.
Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment, the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
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