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प्रश्न
Principle: Death caused by a rash or negligent act of a person is an offence.
Facts: X was driving his SUV car on a lonely road leading to a forest at 160 km per hour. Suddenly, someone appears from the forest on the road and in the resultant accident, the car hits the commuter causing his death.
विकल्प
X is not guilty of an offence as the accident has occurred on a lonely road
X is not guilty because there was no intention to kill the deceased
X is guilty of an offence death by rash or negligent act
X is not guilty because he was also injured in the accident
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उत्तर
X is guilty of an offense death by rash or negligent act
Explanation:
X is guilty of an offence of death by rash or negligent act. The principle states that the death caused by rash or negligent act of a person is an offence. Driving at a high speed is a rash and negligent act because even if the road is lonely there is a possibility of someone suddenly crossing the road.
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संबंधित प्रश्न
Mark the best option:
Facts: A had pawned his gold chain to B. One night he sneaks into B’s shop and takes away the gold chain. B had installed a CCTV in his shop and when he replays the previous days recording he finds out what A has done. B wants to file a complaint of theft against A. He comes to you for advice. Give legal advice to B.
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.
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.
Legal Principle: A person is liable to compensate others for harm caused by the escape of any inherently dangerous material that he keeps on his land.
Fact Situation: Ankit lights a bonfire in his courtyard to warm himself up during a cold winter evening. A strong wind suddenly blows some sparks from the fire, on to his neighbour’s house which catches fire and gets completely destroyed.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Development of the law of tort has taken through:
Which of the following court cases involves a tort?
PRINCIPLE Nuisance is the interference in the enjoyment of the property.
FACTS Pizzeria, a small cafeteria selling namesake used to run a wood-fired oven. The resulting smoke caused a lot of smoke in the neighbourhood and there were a number of complaints from the locals who had not witnessed such an oven. The food inspector taking cognizance of these reports asked the restaurant to shut down the oven. The owner who had earlier ran a similar establishment in Italy did not comply. Is Pizzeria committing a nuisance?
The question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given.
Principles:
1. A person is liable for negligence if he fails to take care of his neighbour's interest.
2. A neighbour is anyone whose interests should have been foreseeable by a reasonable man while carrying on his activities.
Facts:
A cricket match was going on in a closed-door stadium. A cricket fan who could not get into the stadium was watching the game by climbing up a nearby tree and sitting there. The cricket ball in the course of the game went out of the stadium and hit this person and injured him. He filed a suit against the organizers.
Possible Decisions
(a) The organizers are liable to compensate the injured person.
(b) The organizers are not liable to compensate the injured person'
(c) The injured person should have avoided the place where he might be hit by the cricket ball.
Possible Reasons
(i) The organizers are responsible for the people inside the stadium.
(ii) The organizers could not have foreseen somebody watching the game by climbing up a tree.
(iii) A person crazy about something must pay the price for that.
(iv) The organizers shall be liable to everybody likely to watch the game. Your decision with the reason.
Rules:
A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.
Facts:
Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not pays the pattadars on the basis of the number of bids that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.
In case the pattadars were compulsorily required to work in the factory for a minimum number of hours every day, then it would be correct to state that:
Principle: A master shall be responsible for the wrongful acts of his servants in the course of his employment.
Facts: The Syndicate Bank was running a small savings scheme under which its authorized agents would go round and collect small savings from several people on daily basis. These agents would get commission, on the deposits so collected. Ananth was one such agent, collecting deposits from factory workers engaged on daily wages. Though he regularly carried on his business for sometime, slowly he started appropriating deposits for his personal use and one day he just disappeared. One Fatima, who had been handing over her savings to him found that nearly for a month before his disappearance, he was not depositing her savings at all. The Bank, when approached, took the stand that Ananth was not its regular and paid employee and therefore, it was not responsible for his misconduct. She files a suit against the Bank
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. 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
2. Defendant’s duty of care depends of the reasonable foreseeability of injury which may be caused to the plaintiff on breach of duty.
Factual situation: The defendants employees of the Municipal Corporation opened a manhole in the street and in the evening left the manhole open an covered it by a canvass shelter, unattended and surrounded by warning lamps. The plaintiff, an eight years old boy, took one of the lamps into the shelter and was playing with it there when he stumbled over it and fell into the manhole. A violent explosion followed and the plaintiff suffered burn injuries. The defendants are DECISION:
