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Question
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':
Options
'P' is required to pay expenses for surgery for Appendicitis but n ot for Gall Bladder.
'P' is not bound to pay expenses of the surgery
'P' can claim damages from 'S'
'P' cannot claim damages from 'S'
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Solution
'P' can claim damages from 'S'
Explanation:
Written consent for surgery was given by 'P' to surgeon 'S'. The consent was given only for the act of removal of appendicitis. However, 'S' also removed the gall bladder of 'A' for which no consent was given. This act was therefore carried out without the permission and approval of 'P'. In this case, 'S' acted sans valid consent. There is disobedience to the right of the patient's autonomy. (Ram Bihari Lal v Dr. J. N. Srivastava. AIR 1985 MP 150).
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PRINCIPLE The test as to whether the act done by an officer or agency of the state is a sovereign function or a function done ordinarily is dependent on the fact that an alternative person may also carry out the latter, but the former may only be carried out by the state.
FACTS In a boundary settlement dispute between India and Bangladesh, a certain territory was exchanged in pursuit of a treaty agreement. X's land which lay in the Indian enclave thus got transferred to Bangladesh, which did not recognise his proprietary rights. In a suit against the Indian Government, the likely outcome is
When the master is held liable for the wrongful acts of his servant, the liability is
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:
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Reason (R): The object of awarding damages to the aggrieved party is to put him in the same position in which he would have been in the wrong would not have been committed. Damages are, therefore, assessed on that basis.
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.
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