मराठी

Principle: Intentional Application of Force to Another Person is Actionable in Law.

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प्रश्न

Principle: Intentional application of force to another person is actionable in law.

Facts: 'P' and 'D' are unknown to each other. When 'P' is about to sit on a chair, 'D' intentionally pulls it away as a result of which 'P' falls on to the floor and is injured.

पर्याय

  • 'D' is not liable as such jokes are common in the society

  • 'D' is not liable as 'P' is not seriously injured.

  • 'D' is liable as he intentionally caused injury to P.

  • 'D' is not liable as the injury is not directly caused.

MCQ
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उत्तर

'D' is not liable as the injury is not directly caused.

Explanation:

Criminal and Civil Law, 'battery' is He intentional touching of, or application of force to, the body of another person in a harmful or offensive manner  (without consent). Three main elements are (1) intent (2) contact (3) Harm. In the given case  "contact" is missing. The reasonable conclusion is drawn that D is not liable as the injury is not directly caused is the correct answer. 

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Study of Law (Entrance Exams)
  या प्रश्नात किंवा उत्तरात काही त्रुटी आहे का?
2015-2016 (May) Set 1

संबंधित प्रश्‍न

Consists of legal proposition(s)/  principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.  
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.  
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option. 

Principle: Where one of the parties to a contract was in the position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate the decision of the other party.

Facts:  A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten  Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment, the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay. 


The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.

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FACT: jeevan and Pavan were neighbors in a residential locality. Pavan started a typing class in a part of his house and his typing sound disturbed jeevan who could not put up with any kind of continuous noise. He filed a suit against Pavan.


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