Advertisements
Advertisements
Question
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.
Options
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
Advertisements
Solution
A will not be entitled to damages
Explanation:
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.
APPEARS IN
RELATED QUESTIONS
Principle: Causing an effect partly by an act and partly by an omission is an offense.
Facts: A did not provide any food to his daughter D. He also confined D in a room. Consequently, D died.
Principle: The existence of all the alleged facts is relevant whether they occurred at the same time and place or at different times and places.
Facts: A, a citizen of England, is accused of committing the murder of B in India by taking part in a conspiracy hatched in England.
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':
The principle is to be applied to the given facts and to choose the most appropriate option
Principle: The concept of natural justice is against bias and for the right to a fair hearing. While the term natural justice is often retained as a general concept, and it has largely been replaced and extended by the general ‘duty to act fairly’.
Facts: ‘X’, a male employee of a company was dismissed by the employer just on the basis of a complaint by ‘Y’, a female employee of the company that ‘X’ was trying to be too friendly with her and often requested her to accompany him to the canteen. Is the dismissal of ‘X’ valid?
In India, the literary work is protected until
Negligence means
A person is said to be vicariously liable when
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 master shall be liable for the fraudulent acts of his servants committed in the course of employment.
2. Whether an act is committed in the course of employment has to be judged in the context of the case.
3. Both master and third parties must exercise reasonable care in this regard.
Facts:
Rama Bhai was an uneducated widow and she opened a'S.B. account with Syndicate Bank with the help of her nephew by name Keshav who was at that time working as a clerk in the Bank. 'Keshav used to deposit the money of Rama Bhai from time to time' and get the entries done in the passbook. After a year or so, Keshav was dismissed from the service by the Bank. Being unaware of this fact, Rama Bhai continued to hand over her savings to him and Keshav misappropriated them. Rama Bhai realized this only when Keshav disappeared from, the scene one day and she sought compensation from the Bank.
Possible Decisions
(a) Syndicate Bank shall be liable to compensate Rama Bhai.
(b) Syndicate Bank shall not be liable to compensate Rama Bhai.
(c) Rama Bhai cannot blame others for her negligence.
Possible Reasons
(i) Keshav was not an employee of the Bank when the fraud" was committed.
(ii) The Bank was not aware of the special arrangement between Rama Bhai and Keshay.
(iii) It is the Bank's duty to take care of vulnerable customers.
(iv) Rama Bhai should have checked about Keshav in her own interest. 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:
1. Joint tort-feasters means joint wrongdoers. People can be joint tortfeasors in case of common action in fact or in law.
2. Joint tort-feasters are jointly and severally liable.
Factual situation: Two dogs belonging to two different owners acting in concert attacked a flock of sheep and injured several sheep. In an action for damages brought against the owners of the dogs. If one of them puts a defene claiming that he was liable for one half only of the damage, then which one of the following statements is legally sustainable in the above case? DECISION:
Principle: Where there is a transfer of ownership of one thing for the ownership of some other thing it is called an exchange, while the transfer of ownership for consideration of money is called a sale, whereas without consideration it becomes a gift.
Facts: 'A' transfers his house worth `50 lakh to 'B' for a shopping building worth the same amount, as consideration from 'B'.
