Topics of Law Test 67

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Topics of Law Test 67

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Question 1
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PRINCIPLE: A person is liable for all direct consequences of his act, which he could have reasonably foreseen as naturally flowing from his act.

FACTS: Charu while driving her car at a high speed, knocked down Seema, a middle-aged woman who was walking on the road. Seema got her leg fractured as a result of this accident. As Seema was suffering from diabetes, her leg had to be amputated. Seema filed a suit against Charu for damages for the loss of her leg.

A
Charu is liable as the loss of leg is directly attributable to her act

B
Charu is not liable because she did not know Seema was suffering from diabetes

C
Charu is liable because she could have reasonable foreseen the loss of leg of Seema

D
Charu is not liable since a diabetes patient like Seema ought not to have walked on the road

Solution

Right now, Charu isn't at risk for the loss of Seema's leg since it is absurd sensibly to predict the degree of harm. She could have predicted as sensible man, that by driving at high speed she could meet with an accident yet it is unrealistic for a sensible man to anticipate that to whom I will hit while driving would be experiencing diabetes which in result extend the measure of harm.
Hence, B is the correct option.
Question 2
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LEGAL PRINCIPLE: An employee is responsible for any accident or less caused to his employees, during the course of employment.

FACTS: Ajay runs the 'Indian Circus'. The circus has an interesting night show. Two motor cyclists, Ramesh and Suresh, rotate their motorcycle inside a big iron globe in complete darkness. And the audience, especially, the children give a big clap. One day it so happens that during one night show an accident occurs inside the globe. Ramesh and Suresh collide with each other and Ramesh loses both his legs. His parents claim compensation from Ajay, the proprietor of the circus.

DECIDE.

A
Ajay is not liable to pay any compensation because he cannot be held responsible for the accident.

B
Ajay is liable to pay compensation because he is the employer and the accident occurred during the course of employment.

C
Ajay is not liable to pay compensation but he can pay some amount to Ramesh if he has sympathy for him.

D
None of the above
Question 3
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A was suspected of having committed the murder of B, C a policeman who was investigating into B's murder, saw A in a market. He went up to him, caught hold of his hand and prevailed him from going anywhere.

A
C is liable for having falsely imprisoned A, since to arrest a person, a policeman requires permission from a Magistrate

B
C is not liable for having falsely imprisoned A, since for the offence of murder, a policeman need not take the permission of a Magistrate to arrest

C
C is not liable for having falsely imprisoned A since the restraint was not total

D
C is not liable for having falsely imprisoned A, since he did not take him to a prison

Solution

A police officer under Section 48 of Criminal Procedure Code has the right to arrest a person without a warrant whom he is authorized to arrest.
C is a police officer and is authorized to arrest A who is a suspect in the murder of B.
Therefore, he is not liable of falsely imprisoning A even though he had no warrant or prior permission of the Magistrate.
Question 4
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LEGAL PRINCIPLE: Agreements, the meaning of which is not certain, or capable of being made certain, are void.
FACT: A horse was bought for a certain price coupled with a promise to give RS. 500 more if the horse proved lucky.

A
This is a valid agreement.

B
This agreement is void for uncertainty because it is very difficult to determine what is luck, bad or good, the horse had brought to the buyer.

C
The agreement is partially valid and partially void.

D
None of the above.

Solution

According to Section 29, Agreements, the meaning of which is not certain, or capable of being made certain, are void.
Question 5
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PRINCIPLES: (i) Neighbour principle- A person is liable if he harms his neighbours. A neighbour is one whose action affects another.
(ii) One is liable only for contractual relations
FACTS: X manufactures a food item and sells his food item to Y, a whole seller. Y appoints Z, a retailer to retail these items. Z sells the food item to a consumer who after eating them falls ill. X is liable to the consumer because _______.

A
of contractual relations

B
of the Food Adulteration Act

C
the consumer is the neighbour of X

D
of the consumer protection law
Solution
- The principle established in the case of Donoghue v Stevenson can be followed in this case. It held that although no contract was entered into between the manufacturer and the customer, negligence could nevertheless be proved as the customer is to be directly affected by the product of the manufacturer.
- So, X's product has a direct impact on the ultimate consumer although no direct contract for sale has been entered into.
Question 6
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Who is a Recidivist ?

A
Saint

B
Habitual criminal

C
Rash person

D
Reserved person.
Question 7
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PRINCIPLE: An assault is an attempt to do a corporeal hurt to another, coupled with an apparent present ability and intention to do that act. A battery is the intentional and direct application of any physical force to the person of another.
FACTUAL SITUATION: A was slitting on a chair reading a book. His friend, B decided to play a practical joke on him. Accordingly, he pulled the chair from under him, as a result of which A landed on the floor.

A
B's act amounts to a battery

B
B's act amounts to an assault

C
B's act amounts to an assault till the time A lands on the floor

D
B's act amounts to neither because there was no intention
Solution
D is the correct option.
- The tort of assault is defined as threatening bodily harm to another in a convincing way. The essential requirements of assault are:
(1) the intention of the defendant to cause apprehension of harmful contact
(2) the act resulted in apprehension in the mind of the plaintiff that a harmful contact would occur.
It must be with the intention to interfere with the right to liberty of a person. So, mere removal of a chair playfully that may result in mere falling on the floor will not give rise to sufficient intention to cause apprehension of harmful contact.
Question 8
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PRINCIPLE: Trespass to land is the wrongful and unwarranted entry upon the land of another.

FACTUAL SITUATION: A purchased a ticket to watch a movie in a theatre. After the show got over, A refused to leave the theatre. The owner of the theatre sues A for trespass.

DECIDE.

A
He will not succeed since A had purchased a ticket.

B
He will not succeed since A has a right to remain wherever he wants to after the shows gets over.

C
He will succeed since A's authorisation to remain in the theatre ends with the show.

D
He will not succeed since A did not have the intention to trespass.
Question 9
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Which among the provisions of Advocates Act, 1961 in India provides for right of pre-audience of Attorney-General for India, Solicitor-General of India among others?

A
Section 23 of Advocates Act, 1961

B
Section 20 of Advocates Act, 1961

C
Section 19 of Advocates Act, 1961

D
Section 18 of Advocates Act, 1961.
Question 10
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PRINCIPLE: False imprisonment is a total restraint of the liberty of a person, for however short a time, without lawful excuse.

FACTUAL SITUATION: A was driving down a road heading to her house. As she reached close to her house, she found that a few people led by B, protesting against an unfair law had blocked the road. There was no alternate road to her house and hence she was stuck there for around 5 minutes.

DECIDE.

A
B and his group are liable for having falsely imprisoned A.

B
B and his group are not liable for falsely imprisoning A, since they were exercising their right to protest.

C
B and his group are not liable for falsely imprisoning A, since they did not totally restrain the liberty of A.

D
B and his group are not liable for falsely imprisoning A, since 5 minutes is too short a time.

Solution

To constitute false imprisonment, certain factors such as probable cause for imprisonment, knowledge of the plaintiff for the imprisonment, the intention of the defendant while causing imprisonment and period of the confinement matters. For imprisonment, it is necessary that the person should be confined in such an area from where there are no possible ways of escape except the will of the person who is confining the person within that area. In the above case, all the elements were not satisfied to constitute the offence of false imprisonment. Hence B and his group will not be held liable.
C is the correct option.

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Topics of Law Test 67

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Topics of Law Test 67

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SHARING IS CARING

Question 1

Charu is liable as the loss of leg is directly attributable to her act

Charu is not liable because she did not know Seema was suffering from diabetes

Charu is liable because she could have reasonable foreseen the loss of leg of Seema

Charu is not liable since a diabetes patient like Seema ought not to have walked on the road

Solution

Question 2

Ajay is not liable to pay any compensation because he cannot be held responsible for the accident.

Ajay is liable to pay compensation because he is the employer and the accident occurred during the course of employment.

Ajay is not liable to pay compensation but he can pay some amount to Ramesh if he has sympathy for him.

None of the above

Question 3

C is liable for having falsely imprisoned A, since to arrest a person, a policeman requires permission from a Magistrate

C is not liable for having falsely imprisoned A, since for the offence of murder, a policeman need not take the permission of a Magistrate to arrest

C is not liable for having falsely imprisoned A since the restraint was not total

C is not liable for having falsely imprisoned A, since he did not take him to a prison

Solution

Question 4

This is a valid agreement.

This agreement is void for uncertainty because it is very difficult to determine what is luck, bad or good, the horse had brought to the buyer.

The agreement is partially valid and partially void.

None of the above.

Solution

Question 5

of contractual relations

of the Food Adulteration Act

the consumer is the neighbour of X

of the consumer protection law

Solution

Question 6

Saint

Habitual criminal

Rash person

Reserved person.

Question 7

B's act amounts to a battery

B's act amounts to an assault

B's act amounts to an assault till the time A lands on the floor

B's act amounts to neither because there was no intention

Solution

Question 8

He will not succeed since A had purchased a ticket.

He will not succeed since A has a right to remain wherever he wants to after the shows gets over.

He will succeed since A's authorisation to remain in the theatre ends with the show.

He will not succeed since A did not have the intention to trespass.

Question 9

Section 23 of Advocates Act, 1961

Section 20 of Advocates Act, 1961

Section 19 of Advocates Act, 1961

Section 18 of Advocates Act, 1961.

Question 10

B and his group are liable for having falsely imprisoned A.

B and his group are not liable for falsely imprisoning A, since they were exercising their right to protest.

B and his group are not liable for falsely imprisoning A, since they did not totally restrain the liberty of A.

B and his group are not liable for falsely imprisoning A, since 5 minutes is too short a time.

Solution

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