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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.
पर्याय
B can bring legal action against A.
B cannot bring any legal action against A.
A can bring legal action against B.
A and B can initiate appropriate legal proceedings against each other.
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उत्तर
B cannot bring any legal action against A.
Explanation:
According to Section 24 of the Indian Contract Act defines that agreement is void if considerations and objects in part is unlawful. If any part of a single consideration for one or more objects, or anyone or any part of any one of several considerations for a single object, is unlawful, the agreement is void. The reasonable conclusion is drawn that B cannot bring any legal proceeding against A is the correct answer.
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संबंधित प्रश्न
Principle: Doing of an act which causes common injury, danger or annoyance to the public or which is likely to cause such injury or annoyance is Public nuisance. A common nuisance is not excused because it causes some nuisance or advantage.
Facts: 'A‘ a farmer having large farmlands burns crop residue (stubble) on his fields after harvesting the crop to make the field ready for next crop as this is the easy, fast and convenient method of making the field ready for next crop. His farmlands are adjoining a densely inhabited residential area and people pass through the smoke while traveling on the road adjoining his farmlands. The smoke caused by fire also enters the houses in the colony.
Torts are grounded in the concept of
PRINCIPLE An unlawful action is sufficient to establish an actionable claim under the law of torts and the court need not go into the motivations behind such unlawful action.
FACTS Z, a reporter, had approached A, a famous politician, several times for an interview. Z knew that A was having an affair with his secretary. Frustrated and vengeful, z ran a cover story about the affair disclosing all the information and evidence of the affair. A in tum sued Z for defamation, stating the action was based on vendetta and malice on account of his refusal to give Z an interview. The suit against Z shall
LEGAL PRINCIPLE A person, who lawfully brings on something but which though harmless, but mischief if it escapes, must keep it at his and if he does not, he is answerable for all the damage.
FACTUAL SITUATION 'A' was the owner of a mill. In order to supply it with water, he constructed a reservoir upon nearby land by employing engineers and contractors. 'B' was the owner of coal mines, under lands, close to but not adjoining the premises on which the reservoir was constructed. The contractors, while excavating for the bed of the reservoir, came upon abandoned shafts and filled them with soil not suspecting that they were abandoned mine shafts. The reservoir was completed and partly filled. Within days the bed of the reservoir gave way and burst, leading to the flow of water through the channels connected with B's mine. Is 'A' liable to pay damages for loss caused to 'B'?
Assertion (A): In the event of a violation of any legal right (tort) the aggrieved party is entitled to recover damages as determined by the court.
Reason (R): The object of awarding damages to the aggrieved party is to put him in the same position in which he would have been in the wrong would not have been committed. Damages are, therefore, assessed on that basis.
Principle: Where there is a transfer of ownership of one thing for the ownership of some other thing it is called an exchange, while the transfer of ownership for consideration of money is called a sale, whereas without consideration it becomes a gift.
Facts: 'A' transfers his house worth `50 lakh to 'B' for a shopping building worth the same amount, as consideration from 'B'.
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: Vicarious liability is the liability of the Master or Principal for the tort committed by his servant or agent, provided the tort is committed in the course of employment. The Master or Principal is not liable for private wrongs of the servant/agent.
Facts: 'X' hands over some cash money at his house to 'Y', who is his (X's) neighbour and is also cashier in a bank, to be deposited in A's account in the bank. Instead of depositing the money, 'Y' misappropriates it.
Which of the following statements depicts the correct legal position in this given situation?
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 Principle:
1. An unlawful intrusion that interferes with one's person or property constitutes trespass.
2. An easement is the right to use another person's land for a stated purpose and has been in use for quite some time. It can involve a general or specific portion of the property.
Factual Situation: Vijay wanted to construct a shed on his window to stop the water from leaking to his house. The shed was constructed but it protruded in Namit's house. Vijay claims it is his elementary right. Will Vijay's claim succeed? DECISION:
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
1. Private nuisance is a continuous, unlawful, and indirect interference with the use or enjoyment of land, or of some right over or in connection with it.
2. A person is liable if he can reasonably foresee that his acts would be likely to injure his neighbor.
3. The foreseeability of the type of damage is a prerequisite of liability in actions of nuisance
Facts:
Bharat Sugar Ltd. operated a sugar refinery on the bank of the river Ravi. They had a jetty from which raw sugar would be offloaded from barges and refined sugar would be taken. The sugar would be taken by larger vessels and then transferred to smaller barges to enable them to get through the shallow waters. As part of development, Bharat Sugar Ltd. wished to construct a new jetty and dredge the water to accommodate the larger vessels. At the same time, the State was constructing new ferry terminals. The design of the ferry terminals was such that it caused the siltation of the channels. After using the channels for a short while, Bharat Sugars’ larger vessels were no longer able to use them. Further dredging at the cost of ₹ 7,50,000 was required to make the channel and jetties usable by the vessels. Bharat Sugar Ltd. brought an action in nuisance to recover the cost of the extra dredging. Is the State liable?
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
1. Vicarious liability is when employers are held liable for the torts of their employees that are committed during the course of employment.
2. A servant is a person subject to the command of his master as to the manner in which he shall do his work. The question of whether a person is an employee depends upon the degree of control which the ‘employer’ exercises over the worker.
Facts:
Raja is a travel agent and possessed certain houses, which had an internal communication throughout, and which were used for the purposes of his business. Ramesh looked after the houses and lived in them for this purpose, but he was also a clerk in the Raja’s pay at a set annual salary. He lived in the houses with his wife, a child, and a servant. The case concerned the payment of inhabited house duty. There was a statutory exemption for premises which were occupied by a "servant”or person occupying the premises “for the protection thereof. Raja was claiming the exemption from tax liability by claiming that Ramesh was the servant. Decide whether Ramesh was a servant or an independent contractor?
