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प्रश्न
Principle: There are certain acts which, though harmful, are not wrongful in law; therefore, do not give legal right to bring action in law, to the person who suffers from such acts.
Facts: 'Prakash' has a rice mill. His neighbor, Shanti, sets up another rice mill and offers a tough competition to Prakash. As a consequence, Prakash's profits fall down. He brings a suit against Shanti for damages.
पर्याय
Prakash can succeed in his claim as it is a case of actual damages
Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right.
Prakash can succeed in his claim for damages, as it is a case of damage as a result of infringement of his legal right.
Prakash may succeed in his claim for damages, as it is a case of loss to his business.
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उत्तर
Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right.
Explanation:
The reasonable conclusion drawn Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right.
APPEARS IN
संबंधित प्रश्न
Principle: Civil Suit can be filed where the defendant resides or carries on business or where the cause of action arises.
Facts: An agreement is signed and executed in New Delhi between A and B for the supply of goods wherein B is to supply goods to be delivered at New Dehli to a client of A. A carries on business at Haryana and B carries on Business in UP. The civil suit by 'B‘ for payment of consideration can be filed against 'A‘ at
Legal Principle: The law states that a food business operator must be registered with or licensed by the Food Safety and Standards Authority of India (FSSAI) to run a food business.
Fact Situation: Kavita’s neighbours suffer food poisoning after consuming sweets gifted by her on the occasion of a celebration at her home. Kavita does not have a registration or license from the FSSAI.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
The railway authorities negligently allowed a train to be overcrowded. In consequence, a legitimate passenger Mr. X got his pocket picked. Choose the appropriate answer.
PRINCIPLE A person is not liable for every harm which comes from the act but is only liable for those harms which can be reasonably foreseen at the time of the injury.
FACTS Sumati, who was being threatened by armed robbery pulled the railway chain. The engine driver recorded the chain pulling but did not stop thinking it to be the work of mischievous passengers wishing to alight before the station. As a result, no help came to Sumati, who was robbed and injured. The suit brought by her was resisted by the railways. As a judge, you would
LEGAL PRINCIPLE An occupier is not normally liable to a trespasser except in respect of a wilful act intended to cause him harm or done with reckless disregard.
FACTUAL SITUATION Tony, a Richman, had kept a ferocious dog to guard his house. He strictly instructed all his servants not to go near the dog. Further, a special handler was hired to take care of the dog. Visitors were warned by a prominent warning signboard about this dog.
One day, a 13 years old boy playing in the neighbourhood, running after his ball got into the house. The dog attacked him and kill him, Tony was sued for damages.
LEGAL PRINCIPLE A master will be liable for the wrongful acts of his servants in the course of employment.
FACTUAL SITUATION Maria was an old widow who opened an account with the Indian Overseas Bank, whereby she would deposit ₹5 every day in the bank. Stephen was her neighbour, who used to collect the amount and deposit them in the bank. Stephen would get a small commission from the bank for the money deposited. One day, it was discovered that Stephen who had not deposited the money for more than three months had vanished with the amount. Maria filed a suit against the Bank.
The question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given.
Principles:
1. A person is liable for negligence if he fails to take care of his neighbour's interest.
2. A neighbour is anyone whose interests should have been foreseeable by a reasonable man while carrying on his activities.
Facts:
A cricket match was going on in a closed-door stadium. A cricket fan who could not get into the stadium was watching the game by climbing up a nearby tree and sitting there. The cricket ball in the course of the game went out of the stadium and hit this person and injured him. He filed a suit against the organizers.
Possible Decisions
(a) The organizers are liable to compensate the injured person.
(b) The organizers are not liable to compensate the injured person'
(c) The injured person should have avoided the place where he might be hit by the cricket ball.
Possible Reasons
(i) The organizers are responsible for the people inside the stadium.
(ii) The organizers could not have foreseen somebody watching the game by climbing up a tree.
(iii) A person crazy about something must pay the price for that.
(iv) The organizers shall be liable to everybody likely to watch the game. Your decision with the reason.
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: In a suit for malicious prosecution, the plaintiff must prove the following essentials:
1. That he was prosecuted by the defendant.
2. That the proceeding complained was terminated in favour of the present plaintiff.
3. That the prosecution was instituted against him without any just or reasonable cause.
4. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact.
5. That he suffered damage to his reputation or to the safety of person, or to the security of his property.
Factual situation: A recovered a large sum of money from Railway Co. for personal injuries. Subsequently, Railway Co. came to know that injuries were not real and were created by doctor B. Railway Co, prosecuted B for playing fraud on the company, but B was acquitted. B sued Railway Co. for malicious prosecution. In the light of these facts which of the following statements is true? 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: Negligence is a breach of duty or a failure of one party to exercise the standard of care required by law, resulting in damage to the party to whom the duty was owed. A plaintiff can take civil action against the respondent if the respondent's negligence causes the plaintiff injury or loss of property.
Facts: 'D' went to a cafe and ordered and paid for a tin/can of soft drink. The tin was opaque and therefore, the contents could not be seen from outside. She ('D') consumed some of the contents and then lifted the tin to pour the remainder of the content into a tumbler. The remains of a snail in the decomposed state dropped out of the tin into the tumbler. 'D' later complained of stomach pain and her doctor diagnosed her as having gastroenteritis and being in a state of severe shock. She used the manufacturer of the drink for negligence. Applying the afore-stated principle, which of the following derivations is correct as regards the liability of the manufacturer in the 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.
Principle: Trespass to land means direct interference with the possession of land without lawful justification. Trespass could be committed either by a person himself entering the land of another person or doing the same through some tangible object(s).
Facts: 'A' throws some stones upon his neighbor's (B's) premises. Which of the following derivations is correct?
