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प्रश्न
Principle: Death caused by a rash or negligent act of a person is an offence.
Facts: X was driving his SUV car on a lonely road leading to a forest at 160 km per hour. Suddenly, someone appears from the forest on the road and in the resultant accident, the car hits the commuter causing his death.
पर्याय
X is not guilty of an offence as the accident has occurred on a lonely road
X is not guilty because there was no intention to kill the deceased
X is guilty of an offence death by rash or negligent act
X is not guilty because he was also injured in the accident
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उत्तर
X is guilty of an offense death by rash or negligent act
Explanation:
X is guilty of an offence of death by rash or negligent act. The principle states that the death caused by rash or negligent act of a person is an offence. Driving at a high speed is a rash and negligent act because even if the road is lonely there is a possibility of someone suddenly crossing the road.
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संबंधित प्रश्न
Principle: Civil Suit can be filed where the defendant resides or carries on business or where the cause of action arises.
Facts: An agreement is signed and executed in New Delhi between A and B for the supply of goods wherein B is to supply goods to be delivered at New Dehli to a client of A. A carries on business at Haryana and B carries on Business in UP. The civil suit by 'B‘ for payment of consideration can be filed against 'A‘ at
Principle: Inducing any animal to move or to change its motion and thereby intentionally causing fear of injury or annoyance to others by such act, is an offence of use of criminal force.
Facts: X incites his dog to chase and run after his neighbour Y, to teach Y to stay away from him. The act is done without neighbour‘ consent and against his will
Mark the best option:
Facts: Manohar and Dev are childhood friends. One day while ploughing the field they have an argument and end up in blows. Satish, another farmer, has to intervene and separate them. Manohar swears that he will take revenge. In the evening Satishtells Dev that Manohar wants to reach a settlement and asks him to wait near the Mukhiya’s farmland behind the rose bush. Dev sits behind the bush and waits. Meanwhile, Satish goes to Manohar and tells him that wild animals have attacked theMukhiya’s farmland and asks Manohar to bring his shotgun to scare the animals away. On reaching the farm, Satish shouts out loudly that he has spotted a leopard behind the rose bush and asks Manohar to fire at the bush. Manohar fires two rounds. The bullet hits and kills Dev.
Principle: Whoever causes death by doing an act with the intention of causing death or bodily injury as is likely to cause death or with the knowledge that he is likely by such act to cause death commits the offence of culpable homicide.
Legal Principle: Negligence is the absence of care by one party which results in some damage to another. Damage is an essential ingredient to constitute a tort of negligence.
Fact Situation: Mistry left his ladder on the public road while unloading it from a truck when he went to open the shutters of his shop. Saini who was riding his motorcycle had to swerve hard to avoid hitting the ladder as he came with speed on the road. Saini fell down but was miraculously not injured.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Negligence involves:
According to SEBI norms, a person found guilty of indulging in unfair trade practices shall be liable to a penalty of
- Rs. 25 crore
- Three times the amount of profits made out of such practices, .....
The correct answer is :
Injuria sine damnum stands for.
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: 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?
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 defence to action in negligence.
Facts:
X purchased a disused cinema with the intention of turning it into a Multiplex. Six weeks after, X entered the building for the first time, it was set on fire by intruders and destroyed. As a result, the adjacent buildings were also affected and damaged. The cinema building was a target for vandals and children who often played there, but X had had no knowledge of previous attempts to start a fire at the cinema buildings. The owners of the adjacent buildings brought an action for negligence against X on grounds that X failed to take reasonable care for the safety of the buildings by not keeping the cinema locked, making regular inspections and employing a caretaker. Decide whether the occupier of a property owes a duty of care to the adjoining occupiers in respect of acts of trespass on his property resulting in damage to the adjoining properties?
