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प्रश्न
Principle: Everyone has the right of private defense to defend his body and property by use of reasonable force unless that person had time to have recourse to the protection of public authorities.
Facts: X receives information at 5.00 pm that Y along with few friends are planning to burn his crop at midnight which is ready to be harvested. He does not inform the village Police Station which was just one kilometer away. He gathers his family members and directs them to collect some weapons in the form of swords and lathis to protect his field/crop. At around 11.00 pm Y and his aides attack the crop and a severe fight ensues wherein Y is seriously injured.
पर्याय
X is not liable as he was exercising his right of private defence
X and his family are not liable for the injuries caused as they were exercising the right of private defence
X is liable
X and his family is liable as they have not informed the police
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उत्तर
X and his family is liable as they have not informed the police
Explanation:
X and his family are liable as they have not informed the police. According to the principle, the right to private defence ceases if the person using this right has the time to take help of the authorities. In this case, the police station is only 1 km away and there is a clear 6 to 7 hours to seek the help of the police.
APPEARS IN
संबंधित प्रश्न
Principle: Foreign judgment binds the parties and is conclusive unless it is obtained by fraud.
Facts: A obtains a judgment from the US court by producing fake documents.
Principle: Nothing is an offense if it is done under intoxication and the person committing the offense was incapable to understand the nature of the Act. Intoxication should be without the knowledge or against the will of the person.
Facts: A, B and C were having a party in Bar where A persuaded B and C to take alcoholic drinks. On the persistent persuasion B and C also consumed alcohol along with A. B and C had never consumed alcohol before. After intoxication, there was some argument between B and C where C pushed B with full force causing serious injury to B.
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'.
Principle: Import means bringing some consignment into India from a foreign country.
Facts: A consignment from Sri Lanka entered the territorial waters of India. However, this consignment never crossed the Indian custom barrier nor did it enter into the stream of commerce in India.
Legal Principle: The Latin maxim qui facit per alium, facit per se means that he who acts through another, acts himself.
Fact Situation: Heema requests her minor sister Harika to purchase a bag for her from the local shop. Harika purchases the bag on credit telling the shop keeper that her sister will pay for it. Afterward, Heema refuses to pay for the bag.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Mark the best option:
Principles: An unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it, is a nuisance in law of tort.
Facts: During the scarcity of onions, long queues were made outside the defendant's shop who having a licence to sell fruits and vegetables used to sell only 1 kg of onion per ration card. The queues extended on to the highway and l also caused some obstruction to the neighboring shops. The neighboring shopkeepers filed a suit for nuisance against the defendant. which one of the following decisions will be correct in this suit?
Decide:
Given below is the 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: ln the employer-employee relationship, the employer is held liable for all the wrongs committed by his employees in the course of employment.
FACTUAL SITUATION: David was employed as a Driver in ABC & Co over the past 15 years and has been appreciated by the General Manager for his hard work and sincerity. He has been rewarded by the company for his accident-free record. David's younger brother wanted to join the same company as a driver. He obtained a Learner's Licence, joined a Driving School and was learning driving during the last three months. He was on the verge of completion of the training and appear for the Driving test. He wanted to have more practice before the test and requested his brother David for using the Company's car for two days. David also allowed him to use the office car for the practice. While he was practicing driving, a truck came from the wrong side, hit the company's car driven by David's brother, which in turn hit a pedestrian and injured him. The pedestrian sues the company for damages.
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 Principles:
1. Master/ Principal is vicariously liable for the tort committed by a servant/ agent, in the performance of his duties as a servant/ agent.
2. Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent or reasonable man would not do.
Factual situation: A patient is brought to a hospital maintained by B. The patient is to be operated upon, As a result of faulty oxygen supply, the patient dies on the operation theatre table, then DECISION:
Principle: Where there is a transfer of ownership of one thing for the ownership of some other thing it is called an exchange, while the transfer of ownership for consideration of money is called a sale, whereas without consideration it becomes a gift.
Facts: 'A' transfers his house worth `50 lakh to 'B' for a shopping building worth the same amount, as consideration from 'B'.
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 defence to action in negligence.
Facts:
In a sad incident, 95 fans of a Football club died in a stampede in the Nehru Stadium. The court has decided that the accident was caused due to the negligence of the Police in permitting too many supporters to crowd in one part of the stadium. Now, a suit is filed by Harman and several other people against the Commissioner of State Police. Harman and the other claimants had relatives who were caught up in the Nehru Stadium disaster. The disaster was broadcast on live television, where several claimants alleged, they had witnessed friends and relatives die. Others were present in the stadium or had heard about the events in other ways. All claimed damages for the psychiatric harm they suffered as a result. Determine whether, for the purposes of establishing liability in negligence, those who suffer purely psychiatric harm from witnessing an event at which they are not physically present are sufficiently proximate for a duty to be owed, and thus can be said to be reasonably within the contemplation of the tortfeasor?
