Aaron Points a Gun at Bridget and Threatens to Shoot Her. Aaron Knows that the Gun is Not Loaded but Bridget Does Not. Which of the Following Most Accurately States the Likely Outcome If Bridget Sues - Legal Reasoning

Advertisements
Advertisements
MCQ

Aaron points a gun at Bridget and threatens to shoot her. Aaron knows that the gun is not loaded but Bridget does not. Which of the following most accurately states the likely outcome if Bridget sues Aaron alleging assault?

Options

  • Bridget’s action will succeed because it was reasonable for her to apprehend that Aaron might shoot her

  • Bridget’s action will succeed if she can show that she believed Aaron might shoot her

  • Bridget’s action will fail because there was no real threat

  • Bridget’s action will fail because Aaron never had any intention to shoot Bridget

Advertisements

Solution

Bridget’s action will succeed because it was reasonable for her to apprehend that Aaron might shoot her

Concept: Law of Torts (Entrance Exams)
  Is there an error in this question or solution?

RELATED QUESTIONS

"No action lies against the Government for injury done to an individual in the course of exercise of its sovereign functions". All of the following actions are covered by the above provision, except 


Principle: A condition to a contract can also be complied with after the happening of the event to which such a condition is attached.

Facts: 'A' promises to pay Rs. 5000 to 'B' on the condition that he shall marry with the consent of 'C', 'D' and 'E'. 'B' marries without the consent of 'C', 'D' and 'E', but obtains their consent after the marriage.


Mark the best option:
Fact: Ganesh had a ferocious dog as his pet. The dog used to terrorize people in the neighborhood by attacking the pet animals. One day the dog started attacking Bipasha’s cat on the road and followed the cat into Bipasha’s house and continued attacking her cat. Her cat was seriously wounded and was bleeding. Bipasha made several attempts to chase the dog away but it was of no use, so she got hold of a kitchen knife and inflicted a severe wound on the dog’s body. After this, the dog ran off. The dog subsequently died because of the wound. Ganesh sued Bipasha for damages saying that she should have called him for help.
Principle:

  1. Every person has a right to defend his own person, property or possession against unlawful harm.
  2. The person may use reasonable force in order to protect his person, property or possession
  3. However, the force employed should be proportionate to the apprehended danger.

Who among the following was the first Chief Information Commissioner of India?


Who heads the four members Committee appointed to study the Centre-State relations especially the changes took place since Sarkaria Commission


Rape involves an offence which is against:


Which of the following could not constitute battery if done with the requisite intent?


Which of the following is not a reason for the general lack of liability for omissions in English law?


Mark the best option:
Principles: Whoever takes away anything from the land of any person without the person's consent is said to commit theft. A thing so long as it is attached to the earth is not subject to theft, but it becomes capable of being the subject of theft soon as itis severed from the earth.
Facts: Y cuts down a tree standing on the land of X with the intention of dishonestly taking the tree out of X's possession without the consent of X. But Y is yet to take away the tree out of X's possession.
Decide


Torts is a ________


Qui facit per alium facit per se stands for


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 The test as to whether the act done by an officer or agency of the state is a sovereign function or a function done ordinarily is dependent on the fact that an alternative person may also carry out the latter, but the former may only be carried out by the state.

FACTS In a boundary settlement dispute between India and Bangladesh, a certain territory was exchanged in pursuit of a treaty agreement. X's land which lay in the Indian enclave thus got transferred to Bangladesh, which did not recognise his proprietary rights. In a suit against the Indian Government, the likely outcome is


PRINCIPLE Vis major or an act of God entails a sudden manoeuvre by elements of nature over which we have no control.

FACTS In a bus accident where the driver died of a sudden cardiac arrest, the legal heirs of the deceased brought a suit against the bus company for not making the driver undergo the mandatory health and fitness test before giving employment. The bus company claims a defence of 'vis major'. The defence of vis major in this case shall


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?


Rules:

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts:

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not pays the pattadars on the basis of the number of bids that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

According to the facts and the rules specified, which of the following propositions is correct


Rules:

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts:

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not pays the pattadars on the basis of the number of bids that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

If the pattadars were compulsorily required to work in the factory for a minimum number of hours every day, then the Company would have been liable to pay compensation to Aashish Mathew if the latter:


Principle: A citizen is expected to take reasonable duty of care while driving on the road and not to cause injuries to any person.

Facts: X, the owner of a car, asked his friend Y to drive the car to his office. As the car was near his (X' s) office, it hit a pedestrian P on account of Y' s negligent driving and injured him seriously. P sued X for damages.
Which one of the following is correct?


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:

1. Master/ Principal is vicariously liable for the tort committed by a servant/ agent, in the performance of his duties as a servant/ agent.

2. Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent or reasonable man would not do.

Factual situation:  A patient is brought to a hospital maintained by B. The patient is to be operated upon, As a result of faulty oxygen supply, the patient dies on the operation theatre table, then 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: Necessity knows no law, and any person facing danger may do all that is necessary to avert the same till he can take recourse to public authorities

Factual situation: Akshay, a law-abiding citizen decided to remove the weed of corruption from Indian society. One day, confronted with a bribing official, Akshay decided to teach him a lesson and punched him on his face. Akshay DECISION:


Share
Notifications



      Forgot password?
Use app×