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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
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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.
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संबंधित प्रश्न
Principles:
- An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for services. He undertakes to produce a given result, and in the actual execution of the work, he is not under the direct control or following directions of his employer. He may use his own discretion in execution of the work assigned.
- In general, an employer is not liable for the torts (wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.
Facts: Ramesh hired a taxicab to go to Delhi Airport. As he started late from his home, he kept on urging the taxidriver to drive at a high speed and driver followed the directions; and ultimately due to high speed an accident took place causing injuries to a person.
The principle is to be applied to the given facts and to choose the most appropriate option
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PRINCIPLE The use of force with the intent to cause harm, or annoy or induce· fear is termed as the Torts of battery.
FACTS A group of construction workers was negligently handling bricks bycatch and throw. Simmons was passing by the site where one such brick fell on Simmons and he brought a case of battery against the contractor under whose employment the workmen were carrying out the construction.
PRINCIPLE A master is liable for the acts of his servant, a principal is liable for the acts of the agent, but a hirer of services is not liable for the acts of the independent contractor.
FACTS While implementing the request of Mr. Sampat, the confectioner at Ghantewali and Co. made the oil extra hot to make him a batch of extra crispy banana fritters, the oil sizzled on impact and burnt Dadabhoy who was standing nearby. He wants to know as to whom he should sue
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.
Legal Principles:
1. Joint tort-feasters means joint wrongdoers. People can be joint tortfeasors in case of common action in fact or in law.
2. Joint tort-feasters are jointly and severally liable.
Factual situation: Two dogs belonging to two different owners acting in concert attacked a flock of sheep and injured several sheep. In an action for damages brought against the owners of the dogs. If one of them puts a defene claiming that he was liable for one half only of the damage, then which one of the following statements is legally sustainable in the above case? DECISION:
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
1. Vicarious liability is when employers are held liable for the torts of their employees that are committed during the course of employment.
2. A servant is a person subject to the command of his master as to the manner in which he shall do his work. The question of whether a person is an employee depends upon the degree of control which the ‘employer’ exercises over the worker.
Facts:
Raja is a travel agent and possessed certain houses, which had an internal communication throughout, and which were used for the purposes of his business. Ramesh looked after the houses and lived in them for this purpose, but he was also a clerk in the Raja’s pay at a set annual salary. He lived in the houses with his wife, a child, and a servant. The case concerned the payment of inhabited house duty. There was a statutory exemption for premises which were occupied by a "servant”or person occupying the premises “for the protection thereof. Raja was claiming the exemption from tax liability by claiming that Ramesh was the servant. Decide whether Ramesh was a servant or an independent contractor?
