Advertisements
Advertisements
प्रश्न
Principle: False imprisonment is a tort (wrong) which means the total restraint of a person's liberty without lawful justification.
Facts: A part of a public road had been closed for spectators of a boat race. 'P' wanted to enter but he was prevented by 'D' and other policemen because he had not paid the admission fee. 'P' was able to enter the enclosure by other means but was unable to go where he wanted to go. The policemen refused access to where he wanted to go but allowed him to remain where he was or to go back. 'P' remained within the enclosure and refused to leave. Subsequently, 'P' sued 'D' for false imprisonment.
पर्याय
It was a case of false imprisonment, but 'D' could not be made liable for it.
'D' could not be made liable for false imprisonment, as he did not totally restrict P's movements.
'D' could be made liable for false imprisonment, as he did restrict P's movements.
'D' could not be made liable for false imprisonment as he has not touched him.
Advertisements
उत्तर
'D' could not be made liable for false imprisonment, as he did not totally restrict P's movements.
Explanation:
The tort of false imprisonment is constituted when there is a total restraint. It is no imprisonment if a person prevented from going in a particular direction but he his free to go any other direction. If a man is prevented from going to a particular direction but is allowed to go back there is no false imprisonment. The reasonable conclusion in the above-noted question is that there was no total restraint on the P's liberty. The reasonable conclusion is drawn that D could not be held liable for false imprisonment and he did not restrict P' s movement is the correct answer.
APPEARS IN
संबंधित प्रश्न
Principle: Whoever by words publishes any imputation concerning any person is said to defame that person.
Facts: During a marriage ceremony, A circulated a pamphlet saying the sister of the bride 'S‘ is a thief, she has stolen the shoes of the bridegroom.
Principle: Copyright law protects only work. 'Work' means cinematographic film but does not include performance by an actor in a cinematographic film.
Facts: Alia Bhatt acted in a movie.
Principle: A person, who is usually of unsound mind, but occasionally normal, may make a contract when he is not of unsound mind.
Facts: 'A' generally remains in the state of unsound mind and rarely becomes capable of understanding the things.
Principle: In cases where there is an infringement of legal right even without any actual loss or damage, the person whose right is infringed has a cause of action.
Facts: 'P' was wrongfully prevented by the Returning Officer from ex ercising his vote in an assembly election. However, the candidate for whom he wanted to caste his vote won the election. Still, he ('P') brou ght an action claiming damages. Which of the following derivations is correct?
Legal Principle: A product cannot be sold in shops to consumers after its date of expiry.
Fact Situation: Lata, while shopping, notices that the milk packets on the shelves are due for expiry on that day. She objects to this to the shopkeeper, saying that since she was there to buy milk for the next day, keeping the milk on its date of expiry was against the law.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
The tort of intentional infliction of emotional distress is a more recent development than the traditional torts of trespass to the person. To which of those torts is it most closely related?
What is the essential difference that makes the crime of assault differ from the tort of assault?
Principle: Trespass to land is the wrongful and unwarranted entry upon the land of another. A purchased a ticket to watch a movie in a theatre. After the show got over, A refused to leave the theatre. The owner of the theatre sues A for trespass
Principle: A citizen is expected to take the 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.
Two persons are said to be joint tort-feasors when
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:
1. No-fault liability means the liability of a person even without any negligent act on his part and even if he has taken due care and caution.
2. If a person brings and keeps any dangerous thing on his land, then he is liable for any damage caused if the thing escapes.
3. No one can be penalized for an Act of God which is unforeseeable and unpredictable.
Factual Situation: B Owned and managed a company supplying electricity to the nearby locality. On a particular windy and stormy day, one of the wires snapped and was hanging down A, a cyclist who was driving in the night, saw the wire from a distance. There was a nearby street light with low visibility. He came in contact with the wire and was electrocuted immediately. His heirs sued A on the ground of strict liability. Decide. DECISION:
