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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)
APPEARS IN
संबंधित प्रश्न
Principle: One who dishonestly misappropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.
Facts: 'A' takes property belonging to 'Z' out of Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, 'A', on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.
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'.
When goods are displayed in a shop with a price tag, it is
___ is NOT a Central Government tax.
Every murder is a culpable homicide but every culpable homicide is not murder. This statement
What is the Compensation Act 2006 s 1 has what purpose...
PRINCIPLES
I. A master is liable for the wrongful acts of his servant.
II. A person can be called a servant only if there is a relation of employment and he acts under the order and on behalf of his master.
FACTS
X bank launched a saving scheme for poor sections of the society and the customer can deposit ₹10 per day. Y, an unemployed youth, collected money from several customers, and on behalf of them deposited the money at the bank every day. The bank gave to Y a small commission. After some time, Y disappeared without depositing the money given by the customers. The customers bring a suit alleging that the bank is liable. Decide
Negligence means
The question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given.
Principles:
1. When a person unlawfully interferes in the chattel of another person by which the latter is deprived of its use, the former commits the tort of conversion.
2. Nobody shall enrich himself at other's expense,
Facts:
A patient suffering from stomach ailment approached. a teaching hospital. He was diagnosed as suffering from appendicitis and his appendix was removed. He became alright. The hospital however found some unique cells in the appendix and using the cell lines thereof, it developed drugs of enormous commercial value. When the erstwhile patient came to know about it, he claimed a share in the profit made by the hospital.
Possible Decisions
(a) The hospital need not share its profits with the patient.
(b) The hospital may share its profits on ex gratis basis. (c) The hospital shall share its profits with the patient.
Possible Reasons
(i) The patient, far from being deprived of the use of his appendix, actually benefitted by its removal.
(ii) The hospital instead of throwing away the appendix conducted further research on it on its own and the development of the drug was the result of its own effort.
(iii) The hospital could not have achieved its success without that appendix belonging to the patient.
(iv) Everybody must care for and share with others. Your decision with the reason.
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 occupier of a premise owes a duty of care to all his invitees and visitor.
Factual Situation: Radhika's brother, Akash, had come to visit at her place. After seeing her wealth. Akash decided to commit theft that night. While he was trying to escape that night he gets electrocuted by the wires which were fixed on the boundary walls. Akash plans to sue Radhika. Will his claim succeed? DECISION:
