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Question
Principle: Whoever takes away any moveable thing from the land of any person without that person‘s consent is said to commit theft.
Facts: During his visit to the home of C, A asks B, the son of C, to accompany A to a forest. Neither A nor B informs C in this regard. B accompanies A to the forest.
Options
A has committed theft.
A has not committed theft.
A has committed theft as soon as he entered the home of C.
A has not committed theft till B did not accompany him.
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Solution
A has not committed theft.
Explanation:
A has not committed theft. According to the principle, someone commits theft only when they take away something moveable from the property of another person. B, the son of C is a living being, not a thing (or lifeless object).
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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'.
Development of the law of tort has taken through:
Mark the best option:
Principle: An occupier is not normally liable to a trespasser except in respect of willful act intended to cause harm or done with reckless disregard.
Facts: Jaspal, a richman of the locality had kept a ferocious dog to guard his house. He strictly instructed all his servants not to go near that dog and there was a special attender who was to take care of the dog. There was a prominent board warning the visitors about the ferocious dog. One day, a twelve-year-old boy playing in the neighborhood, running after his ball got into the house. The dog attacked him and killed him. Jaspal was sued for damages.
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
Suit and nuisance are
PRINCIPLE A person is entitled to protect his property by using lawful means.
FACTS Ramlal is growing valuable vegetables and fruits on his farm and he has fenced the farm to prevent the cattle from entering into it. In addition, he has kept a ferocious dog to chase away intruding urchins and catties. Some children were playing in a nearby playground and the ball slipped into the farm. A boy running after the ball came near the fence and shouted for the ball. But when there was no response, he managed to creep into the farm to get the ball. The dog which was surreptitiously waiting attacked the boy and badly mauled him. The boy's parents filed a suit against Ramlal.
Which follow from the application of the undermentioned legal principle:
Legal Principle: The occupier of premises owes a duty of care to all his invitees and visitors.
Factual Situation:
Devi who was the owner of a big home with a compound wall, constructed an underground tank to store water. This was covered by jute bags since the work was incomplete. The postman who came inside to deliver registered letter fell into this tank and hurt himself. There was also a box on the outside of the compound wall, where all the mail could be deposited. The injured man filed a suit against Devi claiming compensation.
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. A person is liable if he can reasonably foresee that his acts would be likely to injure his neighbor.
3. The foreseeability of the type of damage is a prerequisite of liability in actions of nuisance
Facts:
Bharat Sugar Ltd. operated a sugar refinery on the bank of the river Ravi. They had a jetty from which raw sugar would be offloaded from barges and refined sugar would be taken. The sugar would be taken by larger vessels and then transferred to smaller barges to enable them to get through the shallow waters. As part of development, Bharat Sugar Ltd. wished to construct a new jetty and dredge the water to accommodate the larger vessels. At the same time, the State was constructing new ferry terminals. The design of the ferry terminals was such that it caused the siltation of the channels. After using the channels for a short while, Bharat Sugars’ larger vessels were no longer able to use them. Further dredging at the cost of ₹ 7,50,000 was required to make the channel and jetties usable by the vessels. Bharat Sugar Ltd. brought an action in nuisance to recover the cost of the extra dredging. Is the State liable?
