Advertisements
Advertisements
प्रश्न
Principle: Nothing is an offense by reason of any harm it may cause to another person if it is done in good faith and for the benefit of that person even without that person‘s consent.
Facts: A is attacked by a Lion and Lion drags him while he is crying for help. B, a passer-by picks up A‘s gun in good faith and fires at Lion which injures A. B has never used the gun before.
विकल्प
B is liable for the injury because he knew that he can injure A as he has never used any gun before
B is not liable as he has done the act in good faith
B is liable because he has not taken A‘s consent before firing
B is liable because he has used A‘s gun without his consent
Advertisements
उत्तर
B is not liable as he has done the act in good faith
Explanation:
The principle states that if a person has done some action in good faith for the benefit of another person even without his consent and if his action does some harm to that person, his action is not an offense. In this case, B used the gun in good faith to save A.
APPEARS IN
संबंधित प्रश्न
India became a member of the United Nations in the Year
Which of the following must the plaintiff prove as an element of the tort of battery?
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principle:
- 'Misrepresentation' means and includes -the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or anyone claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.
- 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.
Factual Situation: The plaintiff, Mr. Madan, entered into a tenancy agreement with the defendant, Esso Petroleum, in respect of a petrol station owned by the latter. During the course of the negotiation of the agreement, 'expert' advisers employed by the defendant had provided an estimate of the sales which the petrol station could expect which was based on inaccurate information and consequently was significantly inflated. The value of the rent on the agreement had been calculated based on this inflated figure. As a result, it was impossible for the plaintiff to operate the petrol station profitably. Whether the plaintiff could have any action for negligent misrepresentation?
Injuria sine damnum stands for.
Consent defines as
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?
In Law of Torts,
Principle: A libel is a publication of a false and defamatory statement tending to injure the reputation of another person without lawful justification or excuse. Slander is a false and defamatory statement by spoken words or gestures tending to injure the reputation of another.
A wrote a letter to B calling him a cheat. B's clerk C opened the letter, as he normally did (a fact which was known to A) and placed it on B's table. B alleges that A has committed libel
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: A person has no legal remedy for an injury caused by an act to which he has consented.
Facts: 'R', a cricket enthusiast, purchases a ticket to watch a T20 match organized by the Indian Premier League (IPL). During the match, a ball struck for six hits 'R' on his body and injures him. He sues IPL for compensation for the medical expenses.
Which of the following derivation is correct?
Assertion (A): All minorities, whether based on religion or language, shall have the right to establish or administer educational institutions of their choice.
Reason (R): Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.
