Advertisements
Advertisements
प्रश्न
The railway authorities negligently allowed a train to be overcrowded. In consequence, a legitimate passenger Mr. X got his pocket picked. Choose the appropriate answer.
विकल्प
Mr. X can sue the railway authorities for the loss suffered
Mr. X ran sue because he had given consent to travel in an overcrowded train
Mr. X cannot sue railway authorities because there was no infringement of his legal right and mere fact that the loss was caused does not give rise to a cause of action
None of the above
Advertisements
उत्तर
Mr. X cannot sue railway authorities because there was no infringement of his legal right and mere fact that the loss was caused does not give rise to a cause of action
APPEARS IN
संबंधित प्रश्न
Principle: The sale of liquor is illegal. All agreements relating to prohibited items do not exist in the eyes of law.
Facts: 'A‘ entered into an agreement with 'B‘ for the sale of liquor. 'A‘ failed to supply the agreed quantity of liquor to B.
Mark the best option:
Principle: A contract is said to be induced by "undue influence" where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. Such a contract is void.
Facts: Jasmeet is the owner of a small scale unit manufacturing detergent soap and powder. To add to the capacity of the unit he wanted to purchase some new machinery worth Rupees fifteen lacs for which he approached a bank. Taking into account the financial position of Jasmeet and a higher risk of default associated with lending to a small scale unit; the bank manager agreed to lend the sum on 18.5% interest compounded annually even as the interest rate at which the bank lent to business houses was 12.5% on an average; the sum was to be repaid in five years. Jasmeet paid the first two installments but refused to pay any further installments citing the aforementioned principle.
Decide on the question of the validity of the contract.
Mark the best option:
In a lawsuit, an action in personam is directed towards –
Legal Principle: No remedy lies in law where an injury is caused to a person without any infringement of his legal right.
Fact Situation: Ashutosh started a tuition Centre right next to the one being run for the past twenty years by Gulshan. After Ashutosh started his Centre, a large number of students shifted from Gulshan’s tuition Centre to Ashutosh’s Centre forcing Gulshan to close down his establishment suffering huge losses. Can Gulshan initiate legal action against Ashutosh?
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Mark the best option:
Principle: A person, who provides his services to another, needs to be paid for the same. In case he is not paid, he needs to become compensated by the person who availed his services.
Facts: Jack went to the restaurant to have dinner. After having a good meal he realized he didn't have enough money to pay for the bill. He told the manager of the restaurant about the problem. The manager asked him to give his watch and his Parker pen in lieu of the money for the bill. Is Jack liable to give his watch and pen instead of the money?
What main element differentiates the crime of battery from the tort of battery?
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.
Principle: Injuria Sine Damnum i.e. Injury (violation of legal right) without damage
Facts: X, who was the returning officer at a polling booth in Amethi, wrongly refused to register a duly tendered vote of Y in the recent UP elections, even though Y was an eligible voter. The candidate in whose favour Y wanted to vote, was declared elected. Give the appropriate answer-
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. Master/ Principal is vicariously liable for the tort committed by a servant/ agent, in the performance of his duties as a servant/ agent.
2. Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent or reasonable man would not do.
Factual situation: A patient is brought to a hospital maintained by B. The patient is to be operated upon, As a result of faulty oxygen supply, the patient dies on the operation theatre table, then DECISION:
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: In a suit for malicious prosecution, the plaintiff must prove the following essentials:
1. That he was prosecuted by the defendant.
2. That the proceeding complained was terminated in favour of the present plaintiff.
3. That the prosecution was instituted against him without any just or reasonable cause.
4. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact.
5. That he suffered damage to his reputation or to the safety of person, or to the security of his property.
Factual situation: A recovered a large sum of money from Railway Co. for personal injuries. Subsequently, Railway Co. came to know that injuries were not real and were created by doctor B. Railway Co, prosecuted B for playing fraud on the company, but B was acquitted. B sued Railway Co. for malicious prosecution. In the light of these facts which of the following statements is true? DECISION:
