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'.
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.
APPEARS IN
संबंधित प्रश्न
Principle: In cases where there is an infringement of legal right even without any actual loss or damage, the person whose right is infringed has a cause of action.
Facts: 'P' was wrongfully prevented by the Returning Officer from ex ercising his vote in an assembly election. However, the candidate for whom he wanted to caste his vote won the election. Still, he ('P') brou ght an action claiming damages. Which of the following derivations is correct?
Mark the best option:
Facts: Babu, the driver of the bus, parked the bus at the karamangala bus station and went to the nearby bakery shop for some cutlets and samosas. Ranjit, the cleaner of the bus, on his own initiative took charge of the bus and drove it through the neighboring by-lanes. While reversing the bus he ran over a man who was trying to cross the road. The man was seriously injured and had to be hospitalized. The man sued the bus company for damages. Decide
Principle: A master is vicariously liable for the negligent acts of his servant acting in the course of his employment.
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.
In India, the literary work is protected until
According to SEBI norms, a person found guilty of indulging in unfair trade practices shall be liable to a penalty of
- Rs. 25 crore
- Three times the amount of profits made out of such practices, .....
The correct answer is :
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
- 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.
- 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.
- 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: Amar worked for an ironworks, Luxmi Mills & Co. Ltd. operating a remotely controlled crane, Amar galvanized items by dipping them into a large tank of molten metal. In order to protect its crane operators, whose controls were located just a few feet from the tank, Luxmi Mills erected a low wall around the tank and also provided a sheet of corrugated iron that crane operators placed between themselves and the wall. The operators were not facing the tank while operating the crane. Thus, they could not see the operation of the crane and therefore relied upon signals from another worker located farther from the tank. Many other galvanizers at the time situated their operators in enclosed, windowed spaces from which they could safely see and perform their work. Luxmi Mills eventually adopted that practice as well. One day, Amar was working on the crane. At one point, he either turned toward the tank or leaned out to see the worker giving him instructions, thereby placing his head outside the iron sheet. A spray of molten metal burned Amar's lip. When it failed to heal and began to ulcerate, he consulted a doctor who diagnosed the wound as cancerous. Amar ultimately died from the spread of cancer after three years. His widow sued Luxmi Mills for negligence. Whether the employers would be liable for the full extent of the burn and cancer that had developed as a result?
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
- 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.
- 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.
- 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?
The railway authorities negligently allowed a train to be overcrowded. In consequence, a legitimate passenger Mr. X got his pocket picked. Choose the appropriate answer.
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: An unlawful interference with a person's use or enjoyment of land or some right over, or in connection with it, is a nuisance in law of tort.
Facts: During the scarcity of onions, long queues were made outside the defendant's shop who has a license to sell fruits and vegetables used to sell only 1 kg of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers filed a suit for nuisance against the defendant.
Which one of the following decisions will be correct in this suit?
Principle: A Master is liable to third persons for every such wrong of his servant as committed in the course of service. For acts committed beyond the scope of employment, the master is liable only if he has expressly authorised the act.
A owned a bus and he had hired B to drive it and C to be the conductor. One day, when B had stepped out of the bus to have a cup of coffee. C decided to turn the bus around so that it was ready for its next trip. While doing so, C ran over D's leg, causing major injuries to him. D sued A for damages.
