Advertisements
Advertisements
Question
Legal Principle: A product cannot be sold in shops to consumers after its date of expiry.
Fact Situation: Lata, while shopping, notices that the milk packets on the shelves are due for expiry on that day. She objects to this to the shopkeeper, saying that since she was there to buy milk for the next day, keeping the milk on its date of expiry was against the law.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Options
Lata is right and the shopkeeper should take the milk packets off his shelves.
The shopkeeper should not sell the milk packets after the date of expiry is over.
The shopkeeper must remove the milk packets from the shelves and keep it refrigerated.
Milk is not a product and hence the principle is not applicable in this case.
Advertisements
Solution
The shopkeeper should not sell the milk packets after the date of expiry is over.
Explanation:
Legal principle guiding the case states that goods cannot be sold after the expiry date and the facts of the case mention that the milk was about to expire and hasn't expired as yet. Hence he is legally bound to remove the milk from the shelf only once it has expired thus, the above answer is correct that is the shopkeeper cannot sell the milk packets after the date of expiry is over.
APPEARS IN
RELATED QUESTIONS
Principle: Damages the money recompense, as far as money can do, for the loss suffered by a person.
Facts: A, an Indian citizen, have a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. The name of A was mentioned in the voter‘s list. A has also reported at the polling booth in time. However, the candidate in whose favor A would have cast his vote won the election. A filed a suit claiming damages.
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.
Principles:
- An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for services. He undertakes to produce a given result, and in the actual execution of the work, he is not under the direct control or following directions of his employer. He may use his own discretion in execution of the work assigned.
- In general, an employer is not liable for the torts (wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.
Facts: Ramesh hired a taxicab to go to Delhi Airport. As he started late from his home, he kept on urging the taxidriver to drive at a high speed and driver followed the directions; and ultimately due to high speed an accident took place causing injuries to a person.
The principle is to be applied to the given facts and to choose the most appropriate option
Principle: When a person consented to an act to be done by another, he cannot claim any damages resulting from doing that act, provided the act done is the same for which consent is given.
Facts: 'P' submitted written consent to a surgeon 'S' for undergoing a surgical operation for removal of appendicitis. The surgeon while doing surgery also removed the gall bladder of 'A':
Legal Principle: It is an offense to obstruct a public servant in the due discharge of his duty. The right of private defense is available to protect one’s person and property.
Fact Situation: Sidhu comes to the rescue of his uncle who is sought to be taken into a car by some men. In the process, he causes injury to some of them. Later, it turns out that the men were police persons in plain clothes trying to enforce a warrant against his uncle.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
PRINCIPLE Where the plaintiff himself is in fault, the defendant shall not be answerable for the harm brought on by the plaintiff's own actions.
FACTS Jimmy had put up a board in his house warning all trespassers of ‘Beware of Dogs’. Jimmy arrived home using a cab and since he did not have the wallet asked the driver to stay outside. He received a long-distance phone call and spoke for 20 straight minutes. The cab driver outside was getting very restless and was ringing the bell which turned out to be broken. Left with no other alternative the driver came in only to be bitten black and blue by Jimmy's Rottweiler. In a suit brought by the cab driver
In Torts, the remedy is
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.
Principle: There is no liability in tort in cases of inevitable accidents.
Factual Situation: A stranger takes lift in truck. The truck later meets with an accident due to brake failure. The stranger suffered grievous physical injuries and nervous shock. He filed a suit to claim compensation from the truck's owner. 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: A statement is defamatory in nature if it is injurious to a person’s reputation and if the statement has been published.
Factual situation: Rudra had been dating a girl named Kiara for three weeks. But he had introduced himself to her as Ricky Thakur (who is one of Rudra’s friends) and he continued to be Ricky for the rest of their relationship. But ultimately the relationship ended badly and Kiara being upset and angry at Rudra started a website named ‘rickythakur-is-a-jerk.com’. She created this website so as to warn other girls about ‘Ricky Thakur’. The real Ricky Thakur files a suit for defamation. Decide. DECISION:
