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प्रश्न
Principle: One who asserts must prove.
Facts: A desires a Court to give judgment that B, C, and D shall be punished for a crime which A says B, C, and D have committed.
विकल्प
A must prove that B, C, and D were present at the place of crime
A must prove that B, C, and D have committed the crime
B, C, and D must prove that they have not committed the crime
Police must prove that B, C, and D have committed the crime
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उत्तर
A must prove that B, C, and D have committed the crime
Explanation:
A must prove that B, C, and D have committed the crime. This is based on the principle “one who asserts must prove”. In this case A desires (which is nearly the same as A asserts) a Court to give judgment that B, C, and D shall be punished for a crime they have committed.
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संबंधित प्रश्न
Principle: Acceptance of the proposal must be the exact mirror image of the proposal.
Facts: 'A‘ made a proposal to 'B‘ to sell a chair for Rs. 500. 'B‘ is desirous of buying the said chair for Rs. 400.
Principle: Whoever causes death by rash or negligent act commits an offence.
Facts: X is having a house on the roadside which is also having a street on the back of the house. He has a lawn on the back of his house where he has built a toilet. To prevent the intruders from entering his house, he got the fence charged with a high voltage live electric wire. Z was passing through the street at the backyard of the house of X and sat down to take rest near the fence. While getting up, his hands came in contact with the fence which was connected to high voltage electric wire causing his death.
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: When a person falsifies something with the intent to deceive another person or entity is forgery and is a criminal act. Changing or adding the signature on a document, deleting it, using or possessing false writing is also considered forgery. In the case of writing to fall under the definition, the material included must have been fabricated or altered significantly in order to represent something it is actually not.
Facts: John was a publisher of ancient books and papers. In one of his books on the World Wars, he gave photograph of some letters written by famous historic personalities. A researcher in history noted that in the pictures of some of the letters printed in the book, John had added some words or sentences in his own handwriting to give completeness to the sentences, so that the readers will get a clear picture of the writer’s intention. The researcher challenges the originality of those pictures and claims that the book containing the forged letters should be banned. Examine the validity of the researcher’s demand.
Legal Principle: An employer is liable for the act of his servant performed during the course of employment.
Fact Situation: While working as a driver for Verma, Alok sometimes used to earn some side income by carrying parcels for others in Verma’s car without his knowledge or permission. While going to pick Verma from the airport one day, Alok stopped to deliver a parcel he was carrying with him. While he was delivering the parcel, which unknown to him was one of contraband goods, the police arrested Alok.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Who is an Ombudsman?
Mark the best option:
Principle: When the plaintiff by reason of his own conduct contributes to the damage caused by the wrongful conduct of the defendant, he is considered to be guilty of contributory negligence.
Facts: A had to buy groceries from the shop across the road from his house. As A had to leave for a meeting he was in a hurry. He tried to cross the road, all of a sudden, without looking and was hit by B's car. Is A guilty of contributory negligence?
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principle: Vicarious liability is when employers are held liable for the torts committed by their employees during the course of employment.
Factual Situation: New Vision School opened a boarding house (Shivaji House) for boys in the year 2000 for the students having behavioral and emotional difficulties. The claimants in the instant case had resided there between 2000 to 2003, being aged 12 to 15 during that time, under the care of a warden, who was in charge of maintaining discipline and the running of the house. The warden lived in the House, with his disabled wife, and together they were the only two members of staff in the House. His duties were ensuring order, in making sure the children went to bed, went to school, engaged in evening activities, and supervising other staff. It had been alleged by some of the boys that the warden had sexually abused them, including inappropriate advances and taking trips alone with them. A criminal investigation took place some ten years later, resulting in the warden being sentenced to seven years imprisonment. Following this, the victims brought an action for personal injury against ~he employers, alleging that they were vicariously liable. Whether the employers of the warden may be held vicariously liable for their employee's intentional sexual abuse of school boys placed under his care?
The defence under nuisance is
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.
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
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.
Facts:
X and Y Co. were advertising agents placing contracts on behalf of a client on credit terms, X and Y Co. would be personally liable should the client default. To protect themselves, the X and Y asked their bankers to obtain a credit reference from K and L, the client’s bankers. The reference (given both orally and then in writing) was given gratis and was favorable, but also contained an exclusion clause to the effect that the information was given ‘without responsibility on the part of this Bank or its officials’. X and Y relied upon this reference and subsequently suffered financial loss when the client went into liquidation. X and Y sued K and L Co. for negligence, claiming that the information was given negligently and was misleading. K and L argued there was no duty of care owed regarding the statements. Decide.
