Advertisements
Advertisements
प्रश्न
Legal Principle: A person is liable to compensate others for harm caused by the escape of any inherently dangerous material that he keeps on his land.
Fact Situation: Ankit lights a bonfire in his courtyard to warm himself up during a cold winter evening. A strong wind suddenly blows some sparks from the fire, on to his neighbour’s house which catches fire and gets completely destroyed.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
पर्याय
Ankit’s neighbour is liable to Ankit for the distress caused by keeping a house that catches fire so quickly.
Ankit is not liable because nobody could foresee that the sudden wind will blow the sparks to cause a fire.
Ankit’s neighbour cannot make Ankit liable for the loss of his house since it was an accidental fire that destroyed it.
Ankit is liable to compensate because the fire escaped from his premises to burn down his neighbour’s house.
Advertisements
उत्तर
Ankit is liable to compensate because the fire escaped from his premises to burn down his neighbor’s house.
Explanation:
The liability cast on such person who is holding or keeping dangerous article in his home is known, in law, as strict liability, for all the damage which is the natural consequence of its escape in a hazardous or inherently dangerous activity and harm is caused on anyone on account of the escape of such dangerous thing, the holder or keeper is strictly and absolutely liable to compensate those who are injured or incurred losses. Thus Ankit is liable to compensate because the fire escaped from his premises to burn down his neighbor's house is the correct answer.
APPEARS IN
संबंधित प्रश्न
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?
Volenti nonfit injuria’ refers to:
Mark the best option:
Principles:
- Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of anyone in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threats, commits criminal intimidation.
- A threat to injure the reputation of any deceased person in whom the person threatened is interesting, is covered within the above provision.
Facts: Monty is a tenant in the Sharmas' house, living on the top floor while the Sharmas occupy the ground floor. However, he is always irregular in paying the rent. The Sharmas' are tired of asking him to pay on time and his manners have deteriorated over time. What started as mere excuses snowballed into name-calling, until one day, Monty threatened to come with his friends and vandalize the Sharmas' house, if they complained or took action against him.
Post the threat issued by Monty, the Sharmas' called the welfare officer of their residential colony, Budhdeb to discuss the matter with him. Monty threatened Budhdeb saying that he would expose his deceased father's illegal activities and release his personal numbers etc. on the internet to trouble Budhdeb.
Against whom is Monty guilty of criminal intimidation?
When the master is held liable for the wrongful acts of his servant, the liability is
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.
Select the statement that could be said to be most direct inference from specified facts:
Principle: One has to compensate another for the injury caused due to his wrongful act. The liability to compensate is reduced to the extent the latter has contributed to the injury through his own negligence, This is the underlying principle of contributory negligence.
Facts: Veerappa owns a farm at a distance of half a furlong from the railway track. He stored in his land the stacks of dried up straw after the cultivation as is normal in farming. One day when the train was passing through the track, the driver was negligently operating the locomotive by allowing it to emit large quantities of spark. The high wind, normal in open fields, carried the sparks to the stacks stored by Veerappa and the stacks caught fire thereby causing extensive damage. Veerappa filed a suit against the Railways claiming damages. The Railways while acknowledging liability alleged contributory negligence on the part of Veerappa.
Principle: A person is liable for all the injurious consequences of his careless act.
Facts: Ram, a snake charmer, was exhibiting his talents to a group of people. One of the snakes escaped and bit a child who had to be hospitalized for two days for treatment.
Assertion (A): All minorities, whether based on religion or language, shall have the right to establish or administer educational institutions of their choice.
Reason (R): Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.
Mr. Samay was severely hurt while working in his factory and fell unconscious. He was rushed to a hospital by his fellow workers. In the hospital (at the emergency/casualty ward), the doctor opined that he should be operated immediately. While conducting preliminary examinations, he was found to be HIV positive. The doctors are in a dilemma regarding what should they do first.
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.
