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प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option
Principle: A person is said to do a thing fraudulently, if he does that thing with intent to defraud, but not otherwise.
Facts: 'A' occasionally hands over his ATM card to 'B' to withdraw money for 'A'. On one occasion 'B' without the knowledge of 'A', uses 'A's ATM card to find out the balance in 'A's account, but does not withdraw any money.
पर्याय
'B' has not committed the act fraudulently.
'B' has committed the act fraudulently
'B' has committed misappropriation
'B' has committed breach of faith
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उत्तर
'B' has not committed the act fraudulently.
Explanation:
For fraud, it is necessary that a person intentionally makes a false statement to deceive another party and thereby induce him to enter into a contract. If the intention to deceive the party is absent, there is no fraud.
'B' does not have any intention of withdrawing money from the account of 'A' without the consent of 'A' and no withdrawal has been carried out by 'B' who only checks the balance in the account. (Derry v Peek (1889) LR 14 App Cas 337, UKHL 1)
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संबंधित प्रश्न
The Right to Property was excluded from the Fundamental Rights during the tenure of the Government headed by
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Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.
The principle is to be applied to the given facts and to choose the most appropriate option:
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Consists of legal proposition(s)/ principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: When a person makes such a statement that lowers another person's reputation in the estimation of other persons, it is liable for committing defamation.
Facts: 'A' writes a letter to 'B' in which he uses abusive language against 'B' and also states that 'B' is a dishonest person. 'A' put the letter in a sealed envelope and delivered it to 'B'.
Mark the best option:
In a lawsuit, an action in personam is directed towards –
What is the essential difference that makes the crime of assault differ from the tort of assault?
Principle: A citizen is expected to take reasonable duty of care while driving on the road and not to cause injuries to any person.
Facts: X, the owner of a car, asked his friend Y to drive the car to his office. As the car was near his (X' s) office, it hit a pedestrian P on account of Y' s negligent driving and injured him seriously. P sued X for damages.
Which one of the following 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.
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Factual situation: A grows poisonous trees on his own land and lets the projection of the branches of his trees on the B’s land. B’s cattle die because of nibbling the poisonous leaves. 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.
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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.
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