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प्रश्न
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.
विकल्प
X has not committed any offence because he has the right to prevent trespass
X has committed an offence of causing death by rash and negligent act
X has committed no offence because he does not have any enmity with X
X has committed an offence of Murder
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उत्तर
X has committed an offense of causing death by rash and negligent act
Explanation:
X has committed an offense of causing death by rash and negligent act. The act of fencing a private house with high voltage electric wires is a rash and negligent act because there is a danger of someone accidentally touching it.
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संबंधित प्रश्न
Principle:
1. Wagering agreements are void.
2. Collateral agreements to wagering contracts are valid.
Facts: XYZ Bank lends Rs. 40, 000 to Sabu in order to enable him to award as a prize to Randeep who is the winner of horse race. Later Sabu refuses to pay the prize stating that horse racing is wagering agreement. Can XYZ Bank recover money from Sabu?
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: When a person interferes with peaceful possession of another person without the permission of the person in possession of those premises, commits trespass to land.
Facts: 'T' just walked over the land of 'P' to reach his house as it was a short cut. 'P' had displayed a notice that it is not a thoroughfare. 'P' did not cause any damage to the land.
Mark the best option:
In a lawsuit, an action in personam is directed towards –
Legal Principle: Nuisance is the unlawful interference with a person’s enjoyment of his land or some rights over or in connection with it.
Fact Situation: Ashok, in his nineties, is hard of hearing and plays the radio very loudly throughout the day and on a daily basis. Raju, his neighbor, complained that he cannot listen to his favorite TV show in his home due to the radio of Ashok.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Which of the following must the plaintiff prove as an element of the tort of battery?
Every murder is a culpable homicide but every culpable homicide is not murder. This statement
What is the Compensation Act 2006 s 1 has what purpose...
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
- Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with it.
- The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes must keep it at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
- A person is liable if he can reasonably foresee that his acts would likely to injure his neighbour.
- The foreseeability of the type of damage is a pre-requisite of liability in actions of nuisance.
Factual Situation: During 2011, a European Directive was issued requiring nations of the European Community to establish standards on the presence of Perchloroethene (PCE) in water, which the Kingsland did in 2013. Alfa Water Co. purchased a borehole in 2007 to extract water to supply to the public in Kingsland. In 2014, it tested the water to ensure that it met minimum standards for human consumption and discovered that it was contaminated with an organochlorine solvent (PCE). On investigation, it emerged that the solvent seeped into the soil through the building floor of the Light & Soft Leather Tannery, about 3 miles from the borehole that eventually contaminated the Alfa's borehole. Since the tannery opened in 191 O, until 2007, the solvent it used had been delivered in 40-gallon drums which were transported by forklift truck and then tipped into a sump. Since 2007, solvents had been delivered in bulk and stored in tanks. It was then piped to the tanning machinery. There was no evidence of any spills from the tanks or pipes, and it was concluded that the water had been contaminated by frequent spills under the earlier system. Alfa Water brought a claim against the Tannery on the grounds of nuisance.
Whether the Tannery owners are liable?
Torts is a ________
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.
