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प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: When a person interferes with peaceful possession of another person without the permission of the person in possession of those premises, commits trespass to land.
Facts: 'T' just walked over the land of 'P' to reach his house as it was a short cut. 'P' had displayed a notice that it is not a thoroughfare. 'P' did not cause any damage to the land.
पर्याय
'T' has not committed any trespass on the land of 'P'.
'T' has violated privacy of 'P'
'T' has committed trespass to land
'T' has created nuisance for 'P'
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उत्तर
'T' has committed trespass to land
Explanation:
'T' has not taken permission of 'P'to walk over the land. The and has a notice informing that it is not a thoroughfare. Even though there is no damage caused to the land, 'T' has caused trespass.
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संबंधित प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option
Principle: Assault is causing bodily injury to another person by use of physical force.
Facts: Rustum while entering into compartment of a train raised his fist in anger towards a person Sheetal, just in front of him in the row, to get way to enter into the train first, but did not hit him. Rustum has:
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Facts: Nisha owner of a car asked her friend Saurabh to take her car and drive the same to her office. As he car near her office, it hit a pedestrian Srikant, who was injured seriously. Srikant files a case against Nisha.
Decide Nisha's liability.
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
- 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.
- 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 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.
- A person is liable if he can reasonably foresee that his acts would likely to injure his neighbour.
- The foreseeability of the type of damage is a pre-requisite of liability in actions of nuisance.
Factual Situation: M G Ltd. was constructing Crystal Heights, a posh state-of-the-art tower for commercial and residential purposes, in Gurugram. During construction, hundreds of claimants alleged that, in addition to dust and noise caused by the erection of the building, their television signals had been interrupted by the tower. The claimants, some of whom were absolute owners, and many others who were renting, sued in both negligences and in nuisance for the harm done to their amenity by the loss of their television signals. Whether the respondent's action in causing the appellant's television signals to be interrupted with the construction of their tower could constitute a private nuisance?
PRINCIPLE Mere delegation does not transfer authority unless there is an actual transference of the power to control the actions of the servant.
FACTS The Delhi Metro Rail Corporation set-up a link transport service permitting passengers to use buses to the end destinations. These buses and drivers were provided on contract to the Metro Corporation by the Delhi Bus Company and the drivers were trained, supervised and instructed into the routes and manner of driving by employees of the corporation. When a passenger X, had boarded one such bus and was involved in an accident on account of the bus driver; he wants to know against whom should he file the suit under the principle of vicarious liability.
Which follow from the application of the undermentioned legal principle:
Legal Principle: Even if the sovereign functions of the State are discharged negligently the State is not vicariously liable in tort.
Factual Situation:
A’ was a trader in gold. There he was arrested by Police and was detained in the police lock-up after search. The gold with him along with sundry other things was seized. Later he was discharged. His possessions seized by the police were returned, except the gold. HE moved against the State in tort. In the words of the Supreme Court, “There can be no escape from the conclusion that the Police Officers were negligent in dealing with the property after it was seized.” One of the Constables was a Muslim. He fled with gold to Pakistan.
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.
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: Everybody is under a legal obligation to take reasonable care to avoid act or omission which he can foresee would injure his neighbor, the neighbour for this purpose is any person whom he should have in his mind as likely to be affected by his act.
Factual situation: Krish, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lekha, a pregnant woman passing by, suffered from a nervous shock, leading’ to abortion. Lekha filed a suit against Krishnan claiming damages. 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: The occupier of a premise owes a duty of care to all his invitees and visitors.
Factual situation: Lalit was running a dairy from his house. People used a dart of his farm as a shortcut to get to a nearby railway station. Lalit who did not approve of this, put up a notice that “Trespassers will be prosecuted”. However, since a number of these people were also his customers he tolerated them. One day a person who was using this short cut was attacked by a bull belonging to the farm. The injured person filed a suit against him. DECISION:
