Advertisements
Advertisements
Question
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Nuisance as a tort (civil wrong) means an unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it.
FACT: During the scarcity of onions, long queues "'Nt?l'e made outside the defendant's shop who has a license to sell fruits and vegetables used to sell only l Kg, of onion per ration card The queues extended on to the highway and also causes some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendant.
Options
The defendant is liable for nuisance
The defendant was not liable for nuisance
The defendant was liable under the principle of strict liability
The plaintiff's suit should be decreed in his favour
Advertisements
Solution
The defendant is liable for nuisance
APPEARS IN
RELATED QUESTIONS
In this Question, the problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question.
Rules:
A. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor's property the age of majority is twenty-one.
B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that (he minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.
Facts Ajay convinces Bandita, a girl aged I8 that she should sell her land to him. Bandita's mother Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming that Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus Ajay is in a difficult situation and has no idea how to recover his money from Bandita.
Chaaru is justified in challenging the sale transaction because:
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rule A: An owner of land has the right to use the land in any manner he or she desires. The owner of land also owns the space above and the depths below it.
Rule B: Rights above the laud extend only to the point they are essential to any use or enjoyment of land.
Rule C: An owner cannot claim infringement of her property right if the space above his or her land is put to reasonable use by someone else at a height at which the owner would have to reasonable use of it and it does not affect the reasonable enjoyment of his or her land.
Shazia's case: Shazia owns a single storeyed house in Ahmedabad which has been in her family for more than 75 years. The foundation of the house cannot support another floor and Shazia has no intention of demolishing her family home to construct a bigger building. Javed and Sandeep are business partners and own three storey houses on either side of Shazia's house. Javed and Sandeep are also Ahmedabad's main distributors for a major soft drinke company. They have erected a huge hoarding advertising their products, with the ends supported on their roofs but the hoarding also passes over Shazia's house at 70 feet and casts a permanent shadow on her terrace. Shazia decides to hoist a huge Indian flag, going up to 75 feet, on her roof. She files a case, asking the court to order Javed and Sandeep to remove the hoarding for all these reasons.
Applying only Rule B and C to Ramesh's case, you would decide:
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: Every agreement, of which the object or consideration is opposed to public policy, is void. An agreement that has the tendency to injure public interest or public welfare is one against public policy. What constitutes an injury to public interest or public welfare would d epend upon the times and the circumstances.
Facts: ‘A’ promises to obtain for ‘B’ employment in the public service, and ‘B’ promises to pay rupees 5,00,000/ to ‘A’.
The Contract Act of 1872 was enacted on
In social agreements usual presumption is
Communication of offer is complete when
A appoints B as his agent, by way of a power of attorney. This is an example of
................. is a one-sided contract in which only one party has to perform his promise or obligation.
The institutional infrastructure under the Insolvency and Bankruptcy Code, 2016, rests on certain pillars:
- Insolvency Professionals
- Information Utilities
- Adjudication
- The Insolvency and Bankruptcy Board of India
- Asset Construction Companies
Correct code is :
Which article provides for the office of the Attorney General of India?
