Advertisements
Advertisements
प्रश्न
Legal Principle: Parents are not liable for wrongs committed by their children unless they provide the opportunity for such wrongful acts to be committed by their children.
Fact Situation: Sunil, a minor, takes the keys to his father’s car from the tabletop where his father keeps it, drives the car on the public road and hits a pedestrian who gets injured.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
पर्याय
Since Sunil took the car without his father’s permission, his father is not liable for Sunil’s act resulting in the accident.
Sunil’s father is liable for the conduct of Sunil resulting in the accident since he left the car keys where his son could easily take it without permission.
Accidents happen despite utmost care and hence neither Sunil nor his father is liable in the instant case.
Sunil’s father is not liable since he had kept his car locked and securely deposited its keys without negligence on his tabletop.
Advertisements
उत्तर
Sunil’s father is liable for the conduct of Sunil resulting in the accident since he left the car keys where his son could easily take it without permission.
Explanation:
There is no general duty on the parents to keep a child under constant supervision. The duty of parents is to exercise a reasonable degree of supervision and control over the child, in view of any foreseeable danger in the activities the child was involved in at the relevant time, taking into account the age of the child and the child's propensity to meddle. parents have a bigger duty to control the young one, and a correspondingly higher liability if they fail to do so. In the case presented before us two things can be observed, firstly Sunil's father left the keys unattended within the approach of his son Sunil and secondly his son Sunil took the keys and injured a pedestrian. the mere negligence on the part of father makes him liable for the conduct of his son Sunil. Hence "Sunil’s father is liable for the conduct of Sunil resulting in the accident since he left the car keys where his son could easily take it without permission." seems most appropriate.
APPEARS IN
संबंधित प्रश्न
Legal Principle: A person who keeps hazardous substances in his premises, is responsible for the fault if that substance escapes in any manner and causes damage.
Facts: A, an industrialist stored 1000 litres of liquid ammonia in a tank in his premises for his industrial use. There was a leakage from the tank due to which there was ammonia vapour in the surroundings. Many workers in other industries, as well as his own industry and some members from the public, suffered serious health hazards. Examine the liability of A, if any.
What Is an ECO-MARK?
Which of the following is not a reason for the general lack of liability for omissions in English law?
Mark the best option:
Principles: Qui facit per alium facit per se, " he who does things through others does it himself"
Facts: Nisha owner of a car asked her friend Saurabh to take her car and drive the same to her office. As he car near her office, it hit a pedestrian Srikant, who was injured seriously. Srikant files a case against Nisha.
Decide Nisha's liability.
PRINCIPLE An owner of land has the right to use the land in any manner he or she desires. The owner of the land also owns the space above and the depths below it.
FACTS Ramesh owns an acre of land on the outskirts of Sullurpeta, Andhra Pradesh. The Government of India launches its satellites into space frequently from Sriharikota, near Sullurpeta. The Government of India does not deny that once the satellite launch has travelled the distance of almost 7000 kilometres it passes over Ramesh's property. Ramesh files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 kilometers directly above it.
Applying the principle to the case you would decide
PRINCIPLE A principal is liable for such acts as committed in the course of an agency but is not liable for such acts as committed outside the course of the agency.
FACTS ABC, a partnership between A, B and C maintained a bank account with XYZ. As per the standing arrangement with the bank, signatures of at least two partners were required for the withdrawal of the money from the partnership account. B forged the signatures of A, which were exactly alike and withdrew a large amount of money and disappeared. In a suit brought by A and C
PRINCIPLE The test as to whether the act done by an officer or agency of the state is a sovereign function or a function done ordinarily is dependent on the fact that an alternative person may also carry out the latter, but the former may only be carried out by the state.
FACTS In a boundary settlement dispute between India and Bangladesh, a certain territory was exchanged in pursuit of a treaty agreement. X's land which lay in the Indian enclave thus got transferred to Bangladesh, which did not recognise his proprietary rights. In a suit against the Indian Government, the likely outcome is
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.
Principle: Master is liable for the wrongful acts committed by his servant; provided the acts are committed during the course of employment. However, the master is not liable if the wrongful act committed by his servant has no connection, whatsoever, with the servant's contract of employment.
Facts: D' is a driver employed by 'M', who is the owner of a company. During lunchtime, 'D' goes to a closeby tea shop to have a cup of tea. There he ('D') picks up a fight with the tea shop owner ('T'), which resulted in some damage to his shop. 'T' wants to sue' for claiming compensation for the damage caused by the fight. Which of the following derivations is correct?
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, a poor man, is in dire need of money to pay off his money lenders. An approaches Z, a doctor, to operate on him to remove one of his kidneys so that he can donate it to needy people and earn money. The doctor explains to him the risks and thereafter proceeds to remove his kidney. In the process, some complication develops and A develops an abdominal tumor. Is Z guilty? 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 principle: A partner is liable for the debts incurred by the other partners in the course of the partnership.
Factual situation: Satwik and Prateek enter into a partnership to produce a film, wherein Satwik also directs the movie. The movie bombed at the box office. Consequently, they run into financial difficulties and the partnership ends. Prateek goes to Abbas to borrow some money, which Abbas understands is for repaying the debts from the partnership. Prateek takes the money and absconds to Malibu. Abbas sues Satwik for the amount. Decide. DECISION:
