Principle: Law Does Not Penalise for Wrongs Which Are of Trivial Nature. - Legal Reasoning

Advertisements
Advertisements
MCQ

Principle: Law does not penalise for wrongs which are of trivial nature.

Facts: In the course of a discussion, 'A' threw a file of papers at the table which touched the hands of 'B'.

Options

  • 'A' is liable for insulting 'B'.

  • 'A' is not liable for his act, as it was of trivial nature.

  • 'A' is liable for his act, as the file touched 'B's hand.

  • 'A' is liable for his act, as it assaulted 'B'.

Advertisements

Solution

'A' is not liable for his act, as it was of trivial nature.

Explanation:

According to the Section 95 of the Indian Penal  Code nothing is an offense by reason that it causes,  or that it is intended to cause, or that it is known to be likely to cause, any harm if that harm is so slight that no person of ordinary sense and temper would complain of such harm. The reasonable conclusion drawn A is not liable for his act, as it was of trivial nature.    

Concept: Law of Torts (Entrance Exams)
  Is there an error in this question or solution?
2015-2016 (May) Set 1

RELATED QUESTIONS

Principle: The sale of liquor is illegal. All agreements relating to prohibited items do not exist in the eyes of law.  

Facts:  'A‘ entered into an agreement with 'B‘ for the sale of liquor. 'A‘ failed to supply the agreed quantity of liquor to B. 


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: Acceptance of a proposal must be absolute and unqualified.

Facts: ‘A’ made a proposal to sell his motorcycle to ‘B’ for rupees 25, 000/­. ‘B’ agreed to buy it for rupees 24,000/­. ‘A’ sold his motorcycle to ‘C’ for 26,000/­ the next day. ‘B’ sues ‘A’ for damages.


Consists of legal proposition(s)/  principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.  
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.  
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option. 

Principle: When a person makes such a statement that lowers another person's reputation in the estimation of other persons, it is liable for committing defamation.

Facts: 'A' writes a letter to 'B' in which he uses abusive language against 'B' and also states that 'B' is a dishonest person. 'A' put the letter in a sealed envelope and delivered it to 'B'.


Directions: Read the statement and on the basis of that, choose the most appropriate course of action(s) given below the statement.

Statement: Most of those who study in premier Medical colleges in India migrate to developed nations for better prospects in their professional pursuits.

Courses of Action:

I. All the students joining these colleges should be asked to sign a bond at the time of admission to the effect that they will remain in India at least for ten years after they complete their medical education.
II. All those students who desire to settle in the developed nations should be asked to pay the entire cost of their education which the government subsidised.


Legal Principle: No remedy lies in law where an injury is caused to a person without any infringement of his legal right.

Fact Situation: Ashutosh started a tuition Centre right next to the one being run for the past twenty years by Gulshan. After Ashutosh started his Centre, a large number of students shifted from Gulshan’s tuition Centre to Ashutosh’s Centre forcing Gulshan to close down his establishment suffering huge losses. Can Gulshan initiate legal action against Ashutosh?

Which of the following statements is the most appropriate in relation to the legal principle stated above?


Volenti nonfit injuria’ refers to:


Alexa waves at Bella in a friendly fashion and reaches out to pat her on the shoulder. Bella, who has a pathological fear of catching germs from others, recoils violently from the contact. Which of the following is correct?


Torts are grounded in the concept of


Which of the following is an example of trespass?


Consent defines as


Public nuisance include


PRINCIPLE A principal is liable for such acts as committed in the course of an agency but is not liable for such acts as committed outside the course of the agency.

FACTS ABC, a partnership between A, B and C maintained a bank account with XYZ. As per the standing arrangement with the bank, signatures of at least two partners were required for the withdrawal of the money from the partnership account. B forged the signatures of A, which were exactly alike and withdrew a large amount of money and disappeared. In a suit brought by A and C 


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?


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. A careless person becomes liable for his negligence when he owed a duty of care to others.

2. Valenti's non-fit injury is a defence to negligence.

Factual Situation

K was a friend of L and was teaching her to drive. Prior to such an arrangement, K had sought assurances from L that appropriate Insurance had been purchased in the event of an accident. On the third day, L was executing a simple manoeuvre at slow speed when she panicked which resulted in the car crashing into a lamp-post injuring K. L was subsequently convicted of driving without due care and attention. L denied liability to pay compensation to K on the ground of volenti non-fit injuria and also that she was just learning to drive and was not in complete control of the vehicle. Decide.


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


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

Factual situation: The plaintiff a bullion merchant was arrested by the police on a charge of purchasing stolen goods. Some of the gold and silver ornaments were seized for the plaintiff and were kept in the police station custody. The duty constable appropriated the gold ornaments and escaped to a foreign country. The plaintiff after being acquitted brought an action against the State for the compensation. In this case, compensation is 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: 
1. An act done by the consent of a person above 18  years is not an offense; provide the offender did not intend to cause death or grievous hurt.  
2. Mere pecuniary benefit is not a thing done for a  person's benefit'.

FACTUAL SITUATION: A is in a house which is on fire,  with Z, a child. People below hold out a blanket. A drops the child from the housetop, knowing it to be likely that the fall may kill the child but intending to save him from the fire.  Unfortunately, the child is killed is guilty? 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: Everybody is under a legal obligation to take reasonable care to avoid act or omission which he can foresee would injure his neighbour. The neighbor for this purpose is any person whom he should have in his mind as likely to be affected by his actions. 

Factual Situation: Ram, while rushing to board a moving train, pushed Shyam, who was walking along with a heavy package, containing firecrackers. As a result, the package slipped from his hand, and crackers exploded injuring a boy standing close by. A suit was filed against Ram, by the boy,  claiming damages. DECISION


Share
Notifications



      Forgot password?
Use app×