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प्रश्न
Legal Principle: ‘ Audi alteram partem’ is a Latin phrase which means ‘hear the other side’. It is the principle that no person should be judged without a fair hearing.
Fact Situation: Sanjay, in Delhi, is accused of theft and brought before the Court. The magistrate discovers that Sanjay is mute.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
पर्याय
The principle is not applicable to Sanjay since he is mute.
The principle is applicable to Sanjay even though he cannot speak since he can be asked to write down his defence.
The Magistrate has to take all measures to understand what Sanjay has to convey about the accusation against him.
Since it is a Latin principle it is not applicable in India.
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उत्तर
The Magistrate has to take all measures to understand what Sanjay has to convey about the accusation against him.
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संबंधित प्रश्न
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Which of the following is an example of trespass?
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In Torts, the remedy is
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Reason (R): The object of awarding damages to the aggrieved party is to put him in the same position in which he would have been in the wrong would not have been committed. Damages are, therefore, assessed on that basis.
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: Everybody is under a legal obligation to take reasonable care to avoid act or omission which he can foresee would injure his neighbor, the neighbour for this purpose is any person whom he should have in his mind as likely to be affected by his act.
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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: The master/principal is liable for all acts done by his duly appointed servant/agent for all acts done by him lawfully in the course of his employment.
Factual situation: A, B, C and D carried on a business in partnership. While making a deal with another company, B bribed the clerk there. Is the partnership firm vicariously liable? DECISION:
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1. The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
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Facts:
X purchased a disused cinema with the intention of turning it into a Multiplex. Six weeks after, X entered the building for the first time, it was set on fire by intruders and destroyed. As a result, the adjacent buildings were also affected and damaged. The cinema building was a target for vandals and children who often played there, but X had had no knowledge of previous attempts to start a fire at the cinema buildings. The owners of the adjacent buildings brought an action for negligence against X on grounds that X failed to take reasonable care for the safety of the buildings by not keeping the cinema locked, making regular inspections and employing a caretaker. Decide whether the occupier of a property owes a duty of care to the adjoining occupiers in respect of acts of trespass on his property resulting in damage to the adjoining properties?
