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प्रश्न
Principle: There are certain acts which, though harmful, are not wrongful in law; therefore, do not give legal right to bring action in law, to the person who suffers from such acts.
Facts: 'Prakash' has a rice mill. His neighbor, Shanti, sets up another rice mill and offers a tough competition to Prakash. As a consequence, Prakash's profits fall down. He brings a suit against Shanti for damages.
विकल्प
Prakash can succeed in his claim as it is a case of actual damages
Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right.
Prakash can succeed in his claim for damages, as it is a case of damage as a result of infringement of his legal right.
Prakash may succeed in his claim for damages, as it is a case of loss to his business.
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उत्तर
Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right.
Explanation:
The reasonable conclusion drawn Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right.
APPEARS IN
संबंधित प्रश्न
Principle: Death caused by a rash or negligent act of a person is an offence.
Facts: X was driving his SUV car on a lonely road leading to a forest at 160 km per hour. Suddenly, someone appears from the forest on the road and in the resultant accident, the car hits the commuter causing his death.
Mark the best option:
Facts: Kumar had a ferocious dog which used to guard his house. One evening when Mohan was returning home after illegally purchasing an unlicensed gun, he happened to pass Kumar’s house, the latter’s dog ran out and bit Mohan’s trouser and on Mohan's turning around and raising his gun the dog ran away. Mohan shot the dog as it was running into the house. Kumar’sdog died after two days because of the gunshot and he sued Mohan for compensation.
Principle:
- Every person has a right to defend his own person, property or possession against unlawful harm.
- The person may use reasonable force in order to protect his person, property or possession.
- However, the force employed should be proportionate to the apprehended danger.
Consists of legal proposition(s)/ principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: When a person makes such a statement that lowers another person's reputation in the estimation of other persons, it is liable for committing defamation.
Facts: 'A' writes a letter to 'B' in which he uses abusive language against 'B' and also states that 'B' is a dishonest person. 'A' put the letter in a sealed envelope and delivered it to 'B'.
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?
Which of the following is an example of trespass?
Defamation means
PRINCIPLE Trespass is the unauthorized entry through the person or tangible object into the property of another. The rights of property exist on the surface, aerially and in the subterrain.
FACTS Kumari and Shravan lived in houses interspersed by the plot of Shantanu. Kumari and Shravan set-up a walkie talkie connection by setting up their transmitte~s facing each other. When Shantanu came to know about the arrangement, he filed a suit of trespass stating that the same was a case of trespass as signals could reach each other only by crossing his plot.
Rules:
A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.
Facts:
Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not pays the pattadars on the basis of the number of bids that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.
According to the facts and the rules specified, which of the following propositions is correct
Principle: A person who commits an unlawful act towards another which can be imputed to him, must repair the damage which the other person suffers as a consequence thereof.
Facts: Mr. Rajender Singh was riding his scooter on the right side of the road which is illegal as per the Traffic Rules. Mr. Rajesh Chawla was driving his car in the opposite direction. The two vehicles collided and resulted in loss of Rs. 50,000/- to Mr. Rajender Singh. This includes his medical expenses and damage to the scooter. In this accident, there is no fault on the part of Mr. Rajesh Chawla.
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:
1. An act done by the consent of a person above 18 years is not an offense; provide the offender did not intend to cause death or grievous hurt.
2. Mere pecuniary benefit is not a thing done for a person's benefit'.
FACTUAL SITUATION: A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the housetop, knowing it to be likely that the fall may kill the child but intending to save him from the fire. Unfortunately, the child is killed is guilty? DECISION:
