Advertisements
Advertisements
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.
Advertisements
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.
APPEARS IN
संबंधित प्रश्न
Principles:
• A person is said to abet the doing of a thing when he instigates any other person to do that thing.
• Mere acquiescence, however, does not amount to instigation.
Facts: 'A' says to 'B': I am going to kill 'C'." And, 'B' replies: "Do as you wish and take the consequences"; whereafter 'A' kills 'C'.
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.
Facts: M, the Manager of SRK Industries asked his secretary S to submit a report at the Government Labour Office. ‘S’ submitted the report as directed. On his way back S met one of his classmates. He then decided to have a cup of tea together at a wayside restaurant. Sometime later, ‘S’ got a message from his office to report back as it was a long time since he left the office. ‘S’ rushed back on his Motor Cycle. On his way back a Truck that was coming from a side road hit ‘S’. H e was admitted to a nearby hospital with multiple injuries. He claims compensation under the Employees Compensation Act from his employer.
Legal phrase is followed by four meanings. Choose the most appropriate option:
Turpis arbiter’ means:
Legal phrase is followed by four meanings. Choose the most appropriate option:
Per incuriam
Mark the best option:
Joint heirs to a property are called -
Mark the best option:
A will or testament –
Berne Convention was first established in
Trade Marks Act in India enacted in
Which of the following is not a category of copyright work in the CDPA?
The following question consists of two statements, one labelled as. 'Assertion' and the other as 'Reason'. Read both the statements carefully and answer using the codes given below.
Assertion (A): International law is not law at all.
Reason (R): International law has no judicial system to enforce the law by applying sanctions.
