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प्रश्न
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
पर्याय
X has committed no offence
X has committed no offence because no harm is caused to Y
X has committed no offence because he intended only to put fear in the mind of Y
X has committed an offence of use of criminal force
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उत्तर
X has committed an offense of use of criminal force
Explanation:
X has committed an offence of use of criminal force. The principle defines criminal force as “Inducing any animal to move or to change its motion and thereby intentionally causing fear of injury or annoyance to others.” X inciting his dog to chase Y is an instance of criminal use of force. X intentionally causes a fear of injury or annoyance, which makes it an offence.
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संबंधित प्रश्न
Principle: Doing of an act which causes common injury, danger or annoyance to the public or which is likely to cause such injury or annoyance is Public nuisance. A common nuisance is not excused because it causes some nuisance or advantage.
Facts: 'A‘ a farmer having large farmlands burns crop residue (stubble) on his fields after harvesting the crop to make the field ready for next crop as this is the easy, fast and convenient method of making the field ready for next crop. His farmlands are adjoining a densely inhabited residential area and people pass through the smoke while traveling on the road adjoining his farmlands. The smoke caused by fire also enters the houses in the colony.
Principle: Whoever does not arrest the killer and report the matter to the concerned authorities commits an offence.
Facts: 'A', a woman, sees 'B', another woman, killing a third woman 'C'. 'A' neither attempted to arrest 'B' nor informed the concerned authorities.
Mark the best option:
Fact: Ganesh had a ferocious dog as his pet. The dog used to terrorize people in the neighborhood by attacking the pet animals. One day the dog started attacking Bipasha’s cat on the road and followed the cat into Bipasha’s house and continued attacking her cat. Her cat was seriously wounded and was bleeding. Bipasha made several attempts to chase the dog away but it was of no use, so she got hold of a kitchen knife and inflicted a severe wound on the dog’s body. After this, the dog ran off. The dog subsequently died because of the wound. Ganesh sued Bipasha for damages saying that she should have called him for help.
Principle:
- Every person has a right to defend his own person, property or possession against unlawful harm.
- The person may use reasonable force in order to protect his person, property or possession
- However, the force employed should be proportionate to the apprehended danger.
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: An offer made by one party when accepted by another makes it a contract.
Transactions:
1. P offered to sell his house for Rs. 20 lakhs to R; R told P that he was interested to buy a house for 15 lakhs only.
2. C was looking for a house for not more than 25 lakhs; P informed C that his house was available for 20 lakhs.
3. K wanted to buy some old furniture; L told K that he would sell his furniture for Rs. 10, 000.
4. R advertised to sell his old car for a price of Rs. Three lakhs; S found the advertisement and offered to buy it for Rs. 2 lakhs 50 thousand; R agrees to sell it to S.
Which among the above is actually a contract?
The Law of the contract is different from the law of tort in which way...?
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
- Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with it.
- The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes must keep it at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
- A person is liable if he can reasonably foresee that his acts would likely to injure his neighbour.
- The foreseeability of the type of damage is a pre-requisite of liability in actions of nuisance.
Factual Situation: During 2011, a European Directive was issued requiring nations of the European Community to establish standards on the presence of Perchloroethene (PCE) in water, which the Kingsland did in 2013. Alfa Water Co. purchased a borehole in 2007 to extract water to supply to the public in Kingsland. In 2014, it tested the water to ensure that it met minimum standards for human consumption and discovered that it was contaminated with an organochlorine solvent (PCE). On investigation, it emerged that the solvent seeped into the soil through the building floor of the Light & Soft Leather Tannery, about 3 miles from the borehole that eventually contaminated the Alfa's borehole. Since the tannery opened in 191 O, until 2007, the solvent it used had been delivered in 40-gallon drums which were transported by forklift truck and then tipped into a sump. Since 2007, solvents had been delivered in bulk and stored in tanks. It was then piped to the tanning machinery. There was no evidence of any spills from the tanks or pipes, and it was concluded that the water had been contaminated by frequent spills under the earlier system. Alfa Water brought a claim against the Tannery on the grounds of nuisance.
Whether the Tannery owners are liable?
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.
Principle: 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 has a license to sell fruits and vegetables used to sell only 1 kg of onion per ration card. The queues extended on to the highway and 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?
Principle: A libel is a publication of a false and defamatory statement tending to injure the reputation of another person without lawful justification or excuse. Slander is a false and defamatory statement by spoken words or gestures tending to injure the reputation of another.
A wrote a letter to B calling him a cheat. B's clerk C opened the letter, as he normally did (a fact which was known to A) and placed it on B's table. B alleges that A has committed libel
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: Master/Principal is vicariously liable for the tort committed by a servant/agent, in the performance of his duties as a servant/agent.
Factual situation: A gave some cash and cheques to his friend B, who was an employee of the State Bank of India, to deposit the same in that Bank in the account of A. B misappropriated the amount. If A sues the Bank for damages, then the Bank is 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 Principle: The master/principal is liable for all acts done by his duly appointed servant/agent for all acts done by him lawfully in the course of his employment.
Factual Situation: A had an agency that used to lend carpenters to people on need basis. A deputed B to do some repair work in C's shed. While so doing, B lit up a cigarette and threw it as soon as he saw someone coming there. The cigarette remaining lit caused a fire and she was reduced to ashes. C sued A and B. Decide. DECISION:
