मराठी

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. - Mathematics

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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.

MCQ
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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.   

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Law of Torts (Entrance Exams)
  या प्रश्नात किंवा उत्तरात काही त्रुटी आहे का?
2017-2018 (May) Set 1

संबंधित प्रश्‍न

Principles: A servant is one who is employed to do some work for his employer (master). He is engaged under a contract of service. He works directly under the control and directions of his master. · In general, the master is vicariously liable for those torts (wrongful acts) of his servant which are done by the servant in the course of his employment.

Facts: 'M' appointed 'D' exclusively for the purpose of driving his tourist vehicle. 'M' also appointed 'C' exclusively for the purpose of performing the work of a conductor for the tourist vehicle. During one trip, at the end of the journey, 'C', while 'D' was not on the driver's seat, and apparently for the purpose of turning the vehicle in the right direction for the next journey, drove it through the street at high speed, and negligently injured 'P'.


Principles: 

  • An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for services. He undertakes to produce a given result, and in the actual execution of the work, he is not under the direct control or following directions of his employer. He may use his own discretion in execution of the work assigned.
  • In general, an employer is not liable for the torts (wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.

Facts: Ramesh hired a taxi­cab to go to Delhi Airport. As he started late from his home, he kept on urging the taxi­driver to drive at a high speed and driver followed the directions; and ultimately due to high speed an accident took place causing injuries to a person.


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?


Mark the best option:
Principles:

  1. 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.
  2. 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?


Which of the following court cases involves a tort?


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: 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 Principle: Master/Principal is vicariously liable for the tort committed by a servant/agent, in the performance of his duties as a servant/agent.

Factual situation: The plaintiff a bullion merchant was arrested by the police on a charge of purchasing stolen goods. Some of the gold and silver ornaments were seized for the plaintiff and were kept in the police station custody. The duty constable appropriated the gold ornaments and escaped to a foreign country. The plaintiff after being acquitted brought an action against the State for the compensation. In this case, compensation is 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: Whoever stores a substance that could cause damage to escape shall be absolutely liable (i.e. liable even when he has exercised necessary care) for any damage caused by the escape of the substance.

Factual situation: Union Carbide India Limited (UCIL) manufactured methyl isocyanate, an extremely toxic gas. Due to a storm, the gas that was being stored in sealed containers got released. Before much could happen, the local municipal authorities managed to contain the disaster. The authorities filed a suit against UCIL for the costs that were incurred in decontamination. However, later it was realized that the clean-up by the authorities could have been done without spending as many resources and the damage was not that significant. UCIL argued that it would pay only part of the amount demanded by the authorities, which could have dealt with the contamination. DECISION:


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.


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