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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.
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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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संबंधित प्रश्न
The Rule of Law means
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.
PRINCIPLE: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor. The neighbor for this purpose is any person whom he should have in his mind as likely t0 be affected by his act.
FACT: Krishnan. while driving a car at high speed on a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant "NOman passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.
The question consists of two statements, one labelled as Assertion (A) and other as Reason (R).
You are to examine the two statements carefully and select the best option.
Assertion: Custom per se is law, independent of prior recognition by the sovereign or the judge.
Reason: Custom is source of Jaw but by itself is not law.
The question consists of two statements, one labelled as Assertion (A) and other as Reason (R).
You are to examine the two statements carefully and select the best option.
Assertion: Idol is a person who can hold property.
Reason: Only human being can be called person, not lifeless things.
The question consists of two statements, one labelled as Assertion (A) and other as Reason (R).
You are to examine the two statements carefully and select the best option.
Assertion: Attempt to commit an offence enough does not result in any harm should also be punished
Reason: A person who tries to cause prohibited harm and fails, is, in terms of moral culpability, not materially different from the person who tries and succeeds.
This question consists of principles and facts. The principal 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 the question, you must not rely on any principle except the principle that is given hereinbelow for the 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.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: Under the Employees Compensation Act, 1923, an employer is liable to pay compensation to his workmen for injuries sustained by them by an accident arising out of and in the course of employment.
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