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प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option
Principle: Assault is causing bodily injury to another person by use of physical force.
Facts: Rustum while entering into compartment of a train raised his fist in anger towards a person Sheetal, just in front of him in the row, to get way to enter into the train first, but did not hit him. Rustum has:
पर्याय
insulted Sheetal
Rightly showed his anger
committed an assault on Sheetal
not committed an assault on Sheetal
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उत्तर
not committed an assault on Sheetal
Explanation:
Rustum did not cause any bodily injury to Sheetal and thus there is no assault.
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संबंधित प्रश्न
Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e, readiness to bear harm.
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:
Principle: There are legal provisions to give authority to a person to use necessary force against an assailant or wrongdoer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.
Facts: X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. In the opposite direction, another person was coming with a ferocious-looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm. Th ey crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing the pistol the dog stopped barking and started walking with the owner. However, X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X pleads the right of private defense. Decide
The principle is to be applied to the given facts and to choose the most appropriate option
Principle: When a person consented to an act to be done by another, he cannot claim any damages resulting from doing that act, provided the act done is the same for which consent is given.
Facts: 'P' submitted written consent to a surgeon 'S' for undergoing a surgical operation for removal of appendicitis. The surgeon while doing surgery also removed the gall bladder of 'A':
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.
Which of the following must the plaintiff prove as an element of the tort of battery?
Which of the following statements concerning enforcement agreement is true?
Mark the best option:
Principle: An occupier is not normally liable to a trespasser except in respect of willful act intended to cause harm or done with reckless disregard.
Facts: Jaspal, a richman of the locality had kept a ferocious dog to guard his house. He strictly instructed all his servants not to go near that dog and there was a special attender who was to take care of the dog. There was a prominent board warning the visitors about the ferocious dog. One day, a twelve-year-old boy playing in the neighborhood, running after his ball got into the house. The dog attacked him and killed him. Jaspal was sued for damages.
Alexa waves at Bella in a friendly fashion and reaches out to pat her on the shoulder. Bella, who has a pathological fear of catching germs from others, recoils violently from the contact. Which of the following is correct?
PRINCIPLE Vis major or an act of God entails a sudden manoeuvre by elements of nature over which we have no control.
FACTS In a bus accident where the driver died of a sudden cardiac arrest, the legal heirs of the deceased brought a suit against the bus company for not making the driver undergo the mandatory health and fitness test before giving employment. The bus company claims a defence of 'vis major'. The defence of vis major in this case shall
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
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.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant’s conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
3. Volenti non-fit injuria is a defense to action in negligence.
Facts:
A team of scientists imported a virus for the purpose of research. They carried out research on their premises into foot and mouth disease in cattle, and they were apparently responsible for the escape of some virus. As a result, there was an outbreak of foot and mouth disease in the area, and the Minister of Agriculture ordered two markets to be closed. This caused some of the traders, who were two firms of auctioneers, to suffer a loss of profits on a total of six market days, from which they sought to recover. Decide whether the scientists owed a duty of care towards the traders?
