English

Principle: There Are Certain Acts Which, Though Harmful, Are Not Wrongful in Law; Therefore, Do Not Give Legal Right to Bring Action in Law, to the Person Who Suffers from Such Acts.

Advertisements
Advertisements

Question

Principle: There are certain acts which, though harmful, are not wrongful in law; therefore, do not give legal right to bring action in law, to the person who suffers from such acts.

Facts: 'Prakash' has a rice mill. His neighbor, Shanti, sets up another rice mill and offers a tough competition to Prakash. As a consequence, Prakash's profits fall down. He brings a suit against Shanti for damages.

Options

  • Prakash can succeed in his claim as it is a case of actual damages

  • Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right.

  • Prakash can succeed in his claim for damages, as it is a case of damage as a result of infringement of his legal right.

  • Prakash may succeed in his claim for damages, as it is a case of loss to his business.

MCQ
Advertisements

Solution

Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right.

Explanation:

The reasonable conclusion drawn Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right. 

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

RELATED QUESTIONS

Principle: Killing is not murder if the offender, whilst deprived of the power of self­control by intense and sudden provocation, causes the death of the person who gave the provocation.

Facts: 'A', a man found his girlfriend sleeping, in her own bedroom, with another man named 'B'. 'A' did not do anything but went to his home, picked a gun and cartridges, returned to the girl friend's bedroom with a loaded gun but found the place empty. After fifteen days he saw his girlfriend dining in a restaurant. Without waiting for even a second, 'A' fired five bullets at his girlfriend who died on the spot.


Principle: Nothing is an offence which is done by a child under twelve years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.

Facts: Himesh, 11 years old boy, picks up a gold ring worth Rs 5000/-­ lying on a table in his friend's house and immediately sells it for Rs 2000/­, and misappropriates the money.


Mark the best option:
Facts: Vir, a window cleaner was hired to clean the windows of Palam club. One of the windows was defective and so when it was being cleaned, it ran down quickly and injured the hand of the window cleaner and caused injuries. Vir used Palam club for damages Decide.
Principle: The occupier can expect that a person in the exercise of his calling will appreciate and guard against risks incidental to his calling and he need not be, therefore, warned about them.


The principle is to be applied to the given facts and to choose the most appropriate option:

Principle: When a person falsifies something with the intent to deceive another person or entity is forgery and is a criminal act. Changing or adding the signature on a document, deleting it, using or possessing false writing is also considered forgery. In the case of writing to fall under the definition, the material included must have been fabricated or altered significantly in order to represent something it is actually not.

Facts: John was a publisher of ancient books and papers. In one of his books on the World Wars, he gave photograph of some letters written by famous historic personalities. A researcher in history noted that in the pictures of some of the letters printed in the book, John had added some words or sentences in his own handwriting to give completeness to the sentences, so that the readers will get a clear picture of the writer’s intention. The researcher challenges the originality of those pictures and claims that the book containing the forged letters should be banned. Examine the validity of the researcher’s demand.


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


What main element differentiates the crime of battery from the tort of battery?


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?


PRINCIPLE A person is not liable for every harm which comes from the act but is only liable for those harms which can be reasonably foreseen at the time of the injury.

FACTS Sumati, who was being threatened by armed robbery pulled the railway chain. The engine driver recorded the chain pulling but did not stop thinking it to be the work of mischievous passengers wishing to alight before the station. As a result, no help came to Sumati, who was robbed and injured. The suit brought by her was resisted by the railways. As a judge, you would


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'.


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: The master/principal is liable for all acts done by his duly appointed servant/agent for all acts done by him lawfully in the course of his employment. 

Factual Situation: A had an agency that used to lend carpenters to people on need basis. A deputed B to do some repair work in C's shed. While so doing, B lit up a  cigarette and threw it as soon as he saw someone coming there. The cigarette remaining lit caused a fire and she was reduced to ashes. C sued A and B. Decide. DECISION: 


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×