Principle Trespass is the Unauthorized Entry Through the Person Or Tangible Object into the Property of Another. the Rights of Property Exist on the Surface, Aerially and in the Subterrain. - Legal Reasoning


PRINCIPLE Trespass is the unauthorized entry through the person or tangible object into the property of another. The rights of property exist on the surface, aerially and in the subterrain.

FACTS Kumari and Shravan lived in houses interspersed by the plot of Shantanu. Kumari and Shravan set-up a walkie talkie connection by setting up their transmitte~s facing each other. When Shantanu came to know about the arrangement, he filed a suit of trespass stating that the same was a case of trespass as signals could reach each other only by crossing his plot.


  • Shantanu shall succeed as the signals transmit through his property

  • Shantanu shall not succeed as the transmitters do not belong to him

  • Shantanu shall succeed as the signals transmit aerially

  • Shantanu shall not succeed as signals are not tangible



Shantanu shall not succeed as signals are not tangible

Concept: Law of Torts (Entrance Exams)
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Principle: Whoever attempts to commit the offense of cheating, commits an offense.  

Facts: A with an intention to defraud B, obtain from him an amount of Rs. 500. 

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

Principle: One who dishonestly mis­appropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.

Facts: 'A' takes property belonging to 'Z' out of Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, 'A', on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.

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.

Legal Principle: One of the principles of ‘Natural Justice’ states that, “No person shall be a judge in his own cause”.

Facts: A, a driver of B, a Branch Manager of ABC Bank was caught, suspecting theft, in the bank premises. The Bank management instituted an enquiry and made B the enquiry officer.

Which of the following statements is correct?

Muslim religious foundations are known as

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?

The following is not a tort described as ‘trespass to the person...

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

  1. Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with it.
  2. The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes must keep it at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
  3. A person is liable if he can reasonably foresee that his acts would likely to injure his neighbour.
  4. The foreseeability of the type of damage is a pre-requisite of liability in actions of nuisance.

Factual Situation: During 2011, a European Directive was issued requiring nations of the European Community to establish standards on the presence of Perchloroethene (PCE) in water, which the Kingsland did in 2013. Alfa Water Co. purchased a borehole in 2007 to extract water to supply to the public in Kingsland. In 2014, it tested the water to ensure that it met minimum standards for human consumption and discovered that it was contaminated with an organochlorine solvent (PCE). On investigation, it emerged that the solvent seeped into the soil through the building floor of the Light & Soft Leather Tannery, about 3 miles from the borehole that eventually contaminated the Alfa's borehole. Since the tannery opened in 191 O, until 2007, the solvent it used had been delivered in 40-gallon drums which were transported by forklift truck and then tipped into a sump. Since 2007, solvents had been delivered in bulk and stored in tanks. It was then piped to the tanning machinery. There was no evidence of any spills from the tanks or pipes, and it was concluded that the water had been contaminated by frequent spills under the earlier system. Alfa Water brought a claim against the Tannery on the grounds of nuisance.
Whether the Tannery owners are liable?

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 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

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?

LEGAL PRINCIPLE An occupier is not normally liable to a trespasser except in respect of a wilful act intended to cause him harm or done with reckless disregard.

FACTUAL SITUATION Tony, a Richman, had kept a ferocious dog to guard his house. He strictly instructed all his servants not to go near the dog. Further, a special handler was hired to take care of the dog. Visitors were warned by a prominent warning signboard about this dog.

One day, a 13 years old boy playing in the neighbourhood, running after his ball got into the house. The dog attacked him and kill him, Tony was sued for damages.

LEGAL PRINCIPLE A person, who lawfully brings on something but which though harmless, but mischief if it escapes, must keep it at his and if he does not, he is answerable for all the damage.

FACTUAL SITUATION 'A' was the owner of a mill. In order to supply it with water, he constructed a reservoir upon nearby land by employing engineers and contractors. 'B' was the owner of coal mines, under lands, close to but not adjoining the premises on which the reservoir was constructed. The contractors, while excavating for the bed of the reservoir, came upon abandoned shafts and filled them with soil not suspecting that they were abandoned mine shafts. The reservoir was completed and partly filled. Within days the bed of the reservoir gave way and burst, leading to the flow of water through the channels connected with B's mine. Is 'A' liable to pay damages for loss caused to '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 Principles: A private nuisance may consist of:

1. Any interference with a person’s use or enjoyment of land.

2. The act of wrongfully causing or allowing the escape of deleterious things into another person’s land e.g. water, smoke, smell etc.

Factual situation: D erected a brick grinding machine adjoining the premises of P, a medical practitioner. The dust from the machine polluted the atmosphere and caused inconvenience to P and his patients. Here 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'.

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: Master is liable for the wrongful acts committed by his servant; provided the acts are committed during the course of employment. However, the master is not liable if the wrongful act committed by his servant has no connection, whatsoever, with the servant's contract of employment.

Facts: D' is a driver employed by 'M', who is the owner of a company. During lunchtime, 'D' goes to a closeby tea shop to have a cup of tea. There he ('D') picks up a fight with the tea shop owner ('T'), which resulted in some damage to his shop. 'T' wants to sue' for claiming compensation for the damage caused by the fight. Which of the following derivations 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.

Principle: Nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. If the interference is 'direct', the wrong is trespass; whereas, if the interference is 'consequential', it amounts to a nuisance.

Facts: 'A' plants a tree on his land. However, he allows of its branches to project over the land of 'B'. Which of the following derivations 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: Everybody is under a legal obligation to take reasonable care to avoid act or omission which he can foresee would injure his neighbor, the neighbour for this purpose is any person whom he should have in his mind as likely to be affected by his act.

Factual situation: Krish, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lekha, a pregnant woman passing by, suffered from a nervous shock, leading’ to abortion. Lekha filed a suit against Krishnan claiming damages. 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: Necessity knows no law, and any person facing danger may do all that is necessary to avert the same till he can take recourse to public authorities

Factual situation: Akshay, a law-abiding citizen decided to remove the weed of corruption from Indian society. One day, confronted with a bribing official, Akshay decided to teach him a lesson and punched him on his face. Akshay DECISION:


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