Principle: Damages the Money Recompense, as Far as Money Can Do, for the Loss Suffered by a Person. Facts: A, an Indian Citizen, Having a Right to Vote, Was Not Allowed to Cast - Legal Reasoning


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. 


  • A will be entitled to damages  

  • A will not be entitled to damages

  • A will be entitled to only nominal damages

  • A will be entitled to exemplary damages 



A will not be entitled to damages 


A will not be entitled to damages because he has not suffered any loss. The principle states that a person who suffers a loss is to be recompensated with money as far as money can do. A did not suffer any loss by being prevented from voting. Also, the candidate in whose favor A wanted to vote won.

Concept: Law of Torts (Entrance Exams)
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2018-2019 (May) Set 1


Principle: Civil Suit can be filed where the defendant resides or carries on business or where the cause of action arises.

Facts: 'A‘ carries on business in Gurgaon, 'B‘ carries on Business in Mumbai.  'B‘ through his agent in Gurgaon purchases goods in Gurgaon and takes delivery through an agent in Gurgaon. Where Civil Suit for payment of price can be filed by 'A‘? 

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

Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e, readiness to bear harm.

Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.

___ is NOT a Central Government tax.

Andrew throws a baseball towards Barry, with whom he is playing pitch and catch. Andrew’s aim is bad and the ball hits Cassandra, who is walking nearby.

In order to establish the tort of assault, what type of apprehension must the plaintiff prove that he or she had as a result of the defendant’s conduct?

In most cases, a threat of violence made over the telephone cannot constitute an assault. Which of the following most accurately explains why not?

Defamation involves:

Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principle:

  1. 'Misrepresentation' means and includes -the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or anyone claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.
  2. The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn't possess this skill or knowledge.

Factual Situation: The plaintiff, Mr. Madan, entered into a tenancy agreement with the defendant, Esso Petroleum, in respect of a petrol station owned by the latter. During the course of the negotiation of the agreement, 'expert' advisers employed by the defendant had provided an estimate of the sales which the petrol station could expect which was based on inaccurate information and consequently was significantly inflated. The value of the rent on the agreement had been calculated based on this inflated figure. As a result, it was impossible for the plaintiff to operate the petrol station profitably. Whether the plaintiff could have any action for negligent misrepresentation?

Defamation means

PRINCIPLE Whoever by words either spoken or intended to be read or by signs or by visible representations makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is to defame that person.

FACTS In a community, there is a custom of stealing shoes of the bridegroom during the marriage ceremony. The shoes of the bridegroom were stolen by 'Y'. 'A' announced that 'Z' has stolen the shoes. Everyone present in the marriage party started staring at 'Z' with great surprise. 'Z' felt very ashamed.

PRINCIPLE An owner of land has the right to use the land in any manner he or she desires. The owner of the land also owns the space above and the depths below it.

FACTS Ramesh owns an acre of land on the outskirts of Sullurpeta, Andhra Pradesh. The Government of India launches its satellites into space frequently from Sriharikota, near Sullurpeta. The Government of India does not deny that once the satellite launch has travelled the distance of almost 7000 kilometres it passes over Ramesh's property. Ramesh files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 kilometers directly above it.

Applying the principle to the case you would decide

PRINCIPLE Nuisance is the interference in the enjoyment of the property.

FACTS Pizzeria, a small cafeteria selling namesake used to run a wood-fired oven. The resulting smoke caused a lot of smoke in the neighbourhood and there were a number of complaints from the locals who had not witnessed such an oven. The food inspector taking cognizance of these reports asked the restaurant to shut down the oven. The owner who had earlier ran a similar establishment in Italy did not comply. Is Pizzeria committing a nuisance?

PRINCIPLE An unlawful action is sufficient to establish an actionable claim under the law of torts and the court need not go into the motivations behind such unlawful action.

FACTS Z, a reporter, had approached A, a famous politician, several times for an interview. Z knew that A was having an affair with his secretary. Frustrated and vengeful, z ran a cover story about the affair disclosing all the information and evidence of the affair. A in tum sued Z for defamation, stating the action was based on vendetta and malice on account of his refusal to give Z an interview. The suit against Z shall

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.

In a civil suit, the person who files suit and the person against whom the suit is filed are called

Principle: Negligence is the breach of a duty caused by an omission to do something which a reasonable person would do or an act which a prudent and reasonable person would not do. An action for negligence proceeds upon the principle that the person has an obligation or duty on the part of the defendant, which he/she breaches, leading to damage.

A, a surgeon operated on B. Subsequent to the operation, B complained of pain in his abdomen. On examination, it was discovered that A had left a mop in B ' s stomach while Operating.


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.


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.

Select the statement that could be said to be most direct inference from specified facts:

Principle: Injuria Sine Damnum i.e. Injury (violation of legal right) without damage

Facts: X, who was the returning officer at a polling booth in Amethi, wrongly refused to register a duly tendered vote of Y in the recent UP elections, even though Y was an eligible voter. The candidate in whose favour Y wanted to vote, was declared elected. Give the appropriate answer-

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 partner is liable for the debts incurred by the other partners in the course of the partnership.

Factual situation: Satwik and Prateek enter into a partnership to produce a film, wherein Satwik also directs the movie. The movie bombed at the box office. Consequently, they run into financial difficulties and the partnership ends. Prateek goes to Abbas to borrow some money, which Abbas understands is for repaying the debts from the partnership. Prateek takes the money and absconds to Malibu. Abbas sues Satwik for the amount. Decide. DECISION:


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