मराठी

Principle: Nothing is an Offence If It is Done Under Intoxication and the Person Committing the Offence Was Incapable to Understand the Nature of the Act. Intoxication - Mathematics

Advertisements
Advertisements

प्रश्न

Principle: Nothing is an offense if it is done under intoxication and the person committing the offense was incapable to understand the nature of the Act. Intoxication should be without the knowledge or against the will of the person.  

Facts: A, B and C were having a party in Bar where A persuaded B and C to take alcoholic drinks. On the persistent persuasion B and C also consumed alcohol along with A. B and C had never consumed alcohol before. After intoxication, there was some argument between B and C where C pushed B with full force causing serious injury to B. 

पर्याय

  • C is liable 

  • C is not liable because he was intoxicated 

  • A is liable because A pursuaded them to consume alcohol whereas they had never consumed alcohol 

  • A and C both are liable  

MCQ
Advertisements

उत्तर

C is liable

Explanation:

According to the principle, a person under intoxication is not liable for an offence if intoxication is without his knowledge or against his will. In this case,  C had the knowledge of his intoxication and it happened with his consent. In other words, C was persuaded, not forced to drink.

shaalaa.com
Law of Torts (Entrance Exams)
  या प्रश्नात किंवा उत्तरात काही त्रुटी आहे का?
2018-2019 (May) Set 1

संबंधित प्रश्‍न

Principle: The sale of liquor is illegal. All agreements relating to prohibited items do not exist in the eyes of law.  

Facts:  'A‘ entered into an agreement with 'B‘ for the sale of liquor. 'A‘ failed to supply the agreed quantity of liquor to B. 


Principle: Whoever causes death by rash or negligent act commits an offence.

Facts: X is having a house on the roadside which is also having a street on the back of the house. He has a lawn on the back of his house where he has built a toilet.  To prevent the intruders from entering his house, he got the fence charged with a high voltage live electric wire. Z was passing through the street at the backyard of the house of X and sat down to take rest near the fence. While getting up, his hands came in contact with the fence which was connected to high voltage electric wire causing his death. 


The principle is to be applied to the given facts and to choose the most appropriate option:

Principle: Negligence is actionable in law. In simple terms, negligence is the failure to take proper care over something.

Facts: A, a doctor, conducted a hysterectomy sincerely on B and left a small cotton swab inside the abdomen. As a consequence of which B developed some medical problems and had to undergo another surgery. Is A liable?


Legal Principle: ‘ Audi alteram partem’ is a Latin phrase which means ‘hear the other side’. It is the principle that no person should be judged without a fair hearing.

Fact Situation: Sanjay, in Delhi, is accused of theft and brought before the Court. The magistrate discovers that Sanjay is mute.

Which of the following statements is the most appropriate in relation to the legal principle stated above?


Who heads the four members Committee appointed to study the Centre-State relations especially the changes took place since Sarkaria Commission


Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:

  1. The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
  2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
  3. The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant. The claimant must prove, on the balance of probabilities, that the defendant's breach of duty caused the harm.

Factual Situation: A 13-year-old boy fell from a tree. He went to a hospital where his hip was examined, but an incorrect diagnosis was made. After 5 days it was found that he was suffering from avascular necrosis. This was more advanced and serious than if it had been spotted straight away. Despite receiving treatment, it was determined that he had suffered from a muscular condition (avascular necrosis) which left the boy with a permanent disability and further left a strong probability that he would develop severe osteoarthritis later in life. The expert medical testimony indicated that had his fractured hip been identified on his initial hospital visit, there was a 25% chance of his condition having been successfully treated. He is claiming compensation for the negligence of the hospital. Whether the hospital's negligence on his initial visit had caused his injury?


Principle: A Master is liable for the acts of his Servant as long as he can control the working of his servant.

A owned a taxi agency. She had hired B to drive one of her cars. On January 1, 2010, C called up A's taxi agency and asked for a car to drop him from his house to his place of work. On the way, because of the driver's negligence, the car hit a road divider and C was injured. He sued A for damages.


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 Principles: A private nuisance may consist of:

1. Any interference with a person’s use or enjoyment of land.

2. The act of wrongfully causing or allowing the escape of deleterious things into another person’s land e.g. water, smoke, smell etc.

Factual situation: D erected a brick grinding machine adjoining the premises of P, a medical practitioner. The dust from the machine polluted the atmosphere and caused inconvenience to P and his patients. Here 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. 

Principle: Everybody is under a legal obligation to take reasonable care to avoid act or omission which he can foresee would injure his neighbour. The neighbor for this purpose is any person whom he should have in his mind as likely to be affected by his actions. 

Factual Situation: Ram, while rushing to board a moving train, pushed Shyam, who was walking along with a heavy package, containing firecrackers. As a result, the package slipped from his hand, and crackers exploded injuring a boy standing close by. A suit was filed against Ram, by the boy,  claiming damages. DECISION


Mr. Samay was severely hurt while working in his factory and fell unconscious. He was rushed to a hospital by his fellow workers. In the hospital (at the emergency/casualty ward),  the doctor opined that he should be operated immediately.  While conducting preliminary examinations, he was found to be HIV positive. The doctors are in a dilemma regarding what should they do first. 


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×