मराठी

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.

Advertisements
Advertisements

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. 

MCQ
Advertisements

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.   

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

संबंधित प्रश्‍न

Disagreement between the two Houses of Indian Parliament is finally resolved through


Principle: Whoever does not arrest the killer and report the matter to the concerned authorities commits an offence.

Facts: 'A', a woman, sees 'B', another woman, killing a third woman 'C'. 'A' neither attempted to arrest 'B' nor informed the concerned authorities.


Who is an Ombudsman?


When goods are displayed in a shop with a price tag, it is


LEGAL PRINCIPLE 'Consent' defined as - Two or more persons are said to consent when they agree upon the same thing in the same sense.

What does 'consent' include?


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: An employer is liable for the negligence of his employee. But an employer is not liable for the negligence of his employee, if the victim of such negligence is one of his other employees.

Facts: A and B were working in factory as unskilled labourers. A was carrying a basket of stones on his head. B was sitting on the ground. When A crossed B, all of a sudden a stone fell down from the basket and hit B on his head. B died immediately.


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. No-fault liability means the liability of a person even without any negligent act on his part and even if he has taken due care and caution. 
2. If a person brings and keeps any dangerous thing on his land, then he is liable for any damage caused if the thing escapes. 
3. No one can be penalized for an Act of God which is unforeseeable and unpredictable. 

Factual Situation: B Owned and managed a company supplying electricity to the nearby locality. On a particular windy and stormy day, one of the wires snapped and was hanging down A, a cyclist who was driving in the night,  saw the wire from a distance. There was a nearby street light with low visibility. He came in contact with the wire and was electrocuted immediately. His heirs sued A on the ground of strict liability. Decide. 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. 

LEGAL PRINCIPLE: 
1. An act done by the consent of a person above 18  years is not an offense; provide the offender did not intend to cause death or grievous hurt.  
2. Mere pecuniary benefit is not a thing done for a  person's benefit'.

FACTUAL SITUATION: A is in a house which is on fire,  with Z, a child. People below hold out a blanket. A drops the child from the housetop, knowing it to be likely that the fall may kill the child but intending to save him from the fire.  Unfortunately, the child is killed is guilty? 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


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. The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
3. Generally, nuisances cannot be justified on the ground of necessity. pecuniary interest, convenience, or economic advantage to a defendant.

Facts: 
Dr. Hemant had for 18 years operated a clinic and hospital for the treatment of ENT. Dr. Karan operated a renal clinic in which patients receive haemo-dialysis on the floor above Dr. Hemant’s clinic. Karan was found liable for obnoxious fumes emitting from the clinic which escaped downwards into Dr. Hemant’s clinic. Hemant, his staff and patients were found to have suffered substantial damage ranging from skin diseases, red and swollen eyes, headaches, lethargy and breathing difficulties. Decide whether Karan is liable?


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×