हिंदी

Principle: Law Does Not Penalise for Wrongs Which Are of Trivial Nature. - Mathematics

Advertisements
Advertisements

प्रश्न

Principle: Law does not penalise for wrongs which are of trivial nature.

Facts: In the course of a discussion, 'A' threw a file of papers at the table which touched the hands of 'B'.

विकल्प

  • 'A' is liable for insulting 'B'.

  • 'A' is not liable for his act, as it was of trivial nature.

  • 'A' is liable for his act, as the file touched 'B's hand.

  • 'A' is liable for his act, as it assaulted 'B'.

MCQ
Advertisements

उत्तर

'A' is not liable for his act, as it was of trivial nature.

Explanation:

According to the Section 95 of the Indian Penal  Code nothing is an offense by reason that it causes,  or that it is intended to cause, or that it is known to be likely to cause, any harm if that harm is so slight that no person of ordinary sense and temper would complain of such harm. The reasonable conclusion drawn A is not liable for his act, as it was of trivial nature.    

shaalaa.com
Law of Torts (Entrance Exams)
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
2015-2016 (May) Set 1

संबंधित प्रश्न

Disagreement between the two Houses of Indian Parliament is finally resolved through


Principle: A person, who is usually of unsound mind, but occasionally normal, may make a contract when he is not of unsound mind.

Facts: 'A' generally remains in the state of unsound mind and rarely becomes capable of understanding the things.


The tort of intentional infliction of emotional distress is a more recent development than the traditional torts of trespass to the person. To which of those torts is it most closely related?


Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:

  1. The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
  2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
  3. The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant. The claimant must prove, on the balance of probabilities, that the defendant's breach of duty caused the harm.

Factual Situation: A 13-year-old boy fell from a tree. He went to a hospital where his hip was examined, but an incorrect diagnosis was made. After 5 days it was found that he was suffering from avascular necrosis. This was more advanced and serious than if it had been spotted straight away. Despite receiving treatment, it was determined that he had suffered from a muscular condition (avascular necrosis) which left the boy with a permanent disability and further left a strong probability that he would develop severe osteoarthritis later in life. The expert medical testimony indicated that had his fractured hip been identified on his initial hospital visit, there was a 25% chance of his condition having been successfully treated. He is claiming compensation for the negligence of the hospital. Whether the hospital's negligence on his initial visit had caused his injury?


Which follow from the application of the undermentioned legal principle:

Legal Principle: The occupier of premises owes a duty of care to all his invitees and visitors.

Factual Situation:
Devi who was the owner of a big home with a compound wall, constructed an underground tank to store water. This was covered by jute bags since the work was incomplete. The postman who came inside to deliver registered letter fell into this tank and hurt himself. There was also a box on the outside of the compound wall, where all the mail could be deposited. The injured man filed a suit against Devi claiming compensation.


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 


Principle: Interfering with another's goods in such a way as to deny the latter's title to the goods amounts to conversion and it is a civil wrong.

Facts: Ram went to the bicycle stand to a park his bicycle and he found the stand fully occupied. Ram removed a few bicycles in order to rearrange the stand and make some space for his bicycle. He parked his bicycle properly and put back all the bicycles except the one belonging to Shyam. It was rather negligent on the part of Ram and he was in fact in a hurry to get into his office. Somebody came on the way and took away Shyam's cycle. The watchman of the stand did not take care of it assuming that the cycle was not parked inside the stand. Shyam filed a suit against Ram for conversion.


Principle: The standard to determine whether a person has been guilty of negligence is the standard of care which, in the given circumstances, a reasonable man could have foreseen.

Facts: The Agricultural University constructed 200 houses for its employees in its premises. Two huge bore wells were sunk and motors were installed. They did not cover the pump rooms properly. A child, 6 years old, from one of the quarters, was playing near the pumphouse. On hearing the noise of the pump, she was curious to see the motor. She touched the motor that was not covered properly and three of her fingers were cut.


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: Interference with another's goods in such a way as to deny the latter's title to the goods amounts to conversion, and thus it is a civil wrong. It is an act intentionally done inconsistent with the owner's right, though the doer may not know of, or intend to challenge, the property or possession of the true owner.

Facts: y or possession of the true owner. Facts: 'R' went to a cycle-stand to park his bicycle. Seeing the stand fully occupied, he removed a few bicycles in order to rearrange a portion of the stand and make some space for his bicycle. He parked his bicycle properly, and put back all the bicycles except the one belonging to 'S', In fact, 'R' was in a hurry, and therefore, he could not put back S's bicycle. Somebody came on the way and took away S's bicycle. The watchman of the stand did not take care of it assuming that the bicycle was not parked inside the stand. 'S' filed a suit against 'R' for conversion. Which of the following derivations is correct?


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 partner is liable for the debts incurred by the other partners in the course of the partnership.

Factual situation: Satwik and Prateek enter into a partnership to produce a film, wherein Satwik also directs the movie. The movie bombed at the box office. Consequently, they run into financial difficulties and the partnership ends. Prateek goes to Abbas to borrow some money, which Abbas understands is for repaying the debts from the partnership. Prateek takes the money and absconds to Malibu. Abbas sues Satwik for the amount. Decide. DECISION:


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×