मराठी

Principle: Nuisance as a Tort (Civil Wrong) Means an Unlawful Interference with a Person'S Use Or Enjoyment of Land, Or Some Right Over, Or in Connection with It. - Mathematics

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प्रश्न

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: Nuisance as a tort (civil wrong) means an unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it.

FACT: During the scarcity of onions, long queues "'Nt?l'e made outside the defendant's shop who has a license to sell fruits and vegetables used to sell only l Kg, of onion per ration card The queues extended on to the highway and also causes some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendant.

पर्याय

  • The defendant is liable for nuisance

  • The defendant was not liable for nuisance

  • The defendant was liable under the principle of strict liability

  • The plaintiff's suit should be decreed in his favour

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उत्तर

The defendant is liable for nuisance

shaalaa.com
Indian Contract Act (Entrance Exams)
  या प्रश्नात किंवा उत्तरात काही त्रुटी आहे का?
2014-2015 (May) Set 1

संबंधित प्रश्‍न

Principle:  Property can be transferred only by a living person to another living person.  

Facts:  'A‘ transfers property of which he is the owner in favor of the unborn child of B.


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: Contract is a written or spoken agreement, with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. Such an agreement is intended to be enforceable by law. A unilateral contract is one in which there is a promise to pay or give other consideration in return for actual performance.

Facts: A Toilet Soap Manufacturing Company in India in order to promote the sale of their product, published an advertisement in all the Newspapers on January 1, 2017, that the Company has kept a model ignition key of an Audi A3 Car. The advertisement also stated that whoever gets the said key before December 31, 2017, from a soap bar will be gifted with the Audi A3 Car. Mr. Martin, a foreigner who came to India as a tourist who was staying in a Hotel found a Key similar to the same Car Ignition Key. Mr. Martin brought this matter to the notice of the Hotel Manager. The Manager informed Mr. Martin about the Company’s advertisement on January 1, 2017. Mr. Martin wants to claim the Car. Will he succeed?


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 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: It is a case of fraud where a party to a contract knows or believes a fact to be true, but conceals it actively from the other party with a view to inducing that person to enter into the contract.

Facts: While taking a life insurance policy, in reply to questions by the insurance company during the inquiry into his proposal, Zameer deliberately concealed the fact of his medical treatment for a serious ailment, which he had undergone only a few weeks ago.


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