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Topics of Law Test 77

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Topics of Law Test 77
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  • Question 1
    1 / -0
    Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e., readiness to bear harm.
    Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.
    Solution
    She was aware of the risk , as the driver of the cab was intoxicated . But ,there are no chances of an accident it's a natural phenomenon . As she got injured she is liable for the compensation from the driver . Applying the Consent Defense Consent is an agreed safeguard that might be accessible to you in the event that you are being sued for a deliberate tort. 
  • Question 2
    1 / -0
    The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.

    PRINCIPLE : Preparation is not an offence except the preparation of some special offences.
    FACT: Ramesh keeps poisoned halua in his house, wishing to kill Binoy whom he invited to a party and to whom he wishes to give it. Unknown to Ramesh, his only son takes the halua and dies. In this case
    Solution
    Preparation to commit murder is not punishable because it can never be adequately proven in the court that the preparation was made with an intention to commit murder. When it finally reaches the stage it can be proven, it already becomes an attempt.
    Preparation to commit an offence is punishable only when the preparation is to commit offences under Section 122 (waging war against the Government of India) and Section 399 (preparation to commit dacoit).
  • Question 3
    1 / -0
    The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.

    PRINCIPLE: A master is liable for the acts committed by his servant in the course of employment.
    FACT: Sanjay is a driver working in Brookebond and Co. One day, the Manager asked him to drop a customer at the airport and get back at the earliest. On his way back from the airport, he happened to see his fiancé Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be close to his office. She got into the car and soon thereafter; the car somersaulted due to the negligence of Sanjay. Ruhina was thrown out of the car and suffered multiple injuries. She seeks compensation from Brookebond and Co.
    Solution

    Normally, the tortfeasor is liable for his tort. But in some cases, a person may be held liable for the tort committed by another. A master is vicariously liable for the tort of his servant, principal for the tort of his agent and partners for the tort of a partner. This is known as vicarious liability in tort.

    In a Master-Servant relationship, the master employs the services of the servant and he works on the command of master, and thus, a special relationship exists between the two, and in case of a tort committed by the servant, his master is also held liable.


    The following are the essential conditions to be followed for the vicarious liability of master to arise: –

    1. The servant has committed an act which amounts to a tort;

    2. Such a tortious act is committed by the servant during the course of his employment under the master.

     In the above case, given that Sanjay was an employee of Brookebond and Co., the company shall be liable to compensate for damages to Ruhina. Hence, option (A) is correct.

  • Question 4
    1 / -0
    Principles:
    $$\bullet$$ A servant is one who is employed to do some work for his employer(master). He is engaged under a contract of service. He works directly under the control and directions of his master.
    $$\bullet$$ In general, the master is vicariously liable for only those torts (wrongful acts) of his servant, which are done by the servant in the course of his employment.
    Facts: 'M' appointed 'D' exclusively for the purpose of driving his tourist vehicle. 'M' also appointed 'C' exclusively for the purpose of performing the work of a conductor for the tourist vehicle. During one trip, at the end of the journey, 'C' while 'D' was not on the driver's seat, and apparently for the purpose of turning the vehicle in the right direction for the next journey, he drove it through the street at high speed, and negligently injured 'P'.
    Solution
    Normally, the tortfeasor is liable for his tort. But in some cases, a person may be held liable for the tort committed by another. A master is vicariously liable for the tort of his servant, principal for the tort of his agent and partners for the tort of a partner. This is known as vicarious liability in tort.In a Master-Servant relationship, the master employs the services of the servant and he works on the command of master, and thus, a special relationship exists between the two, and in case of a tort committed by the servant, his master is also held liable.The following are the essential conditions to be followed for the vicarious liability of master to arise: –
    1. The servant has committed an act which amounts to a tort;2. Such a tortious act is committed by the servant during the course of his employment under the master.

    In the above case, C was not acting in furtherance of the assigned duty, which was only that of a conductor for the vehicle. Driving the vehicle, not being a duty of C, M could not be expected to exercise control over the act initiated by C.
  • Question 5
    1 / -0
    The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.

    PRINCIPLE: Any direct physical interference with the goods in somebody's possession without lawful justification is called trespass to goods.
    FACT: A purchased a car from a person who had no title to it and had sent it to a garage for repair. X, believing, wrongly, that the car was his, removed it from the garage.
    Solution

    To constitute a tort, there must be: 

    (i) a wrongful act or omission of the defendant; 

    (ii) the wrongful act must result in causing legal damage to another; and 

    (iii) the wrongful act must be of such a nature as to give rise to a legal remedy.

    Trespass to goods means wrongful interference with the goods in possession of another. It is a wrongful act, and hence, punishable under tort.

    In the above case, X removing the car ,which does not belong to him, can be held responsible for trespass to goods.

  • Question 6
    1 / -0
    Principle: False imprisonment is a tort(wrong) which means the total restraint of a person's liberty without lawful justification.
    Facts: A part of a public road had been closed for spectators of a boat race. 'P' wanted to enter but he was prevented by 'D' and other policemen because he had not paid the admission fee. 'P' was able to enter the enclosure by other means but was unable to go where he wanted to go. The policemen refused access to where he wanted to go but allowed him to remain where he was or to go back. 'P' remained.
    Within the enclosure and refused to leave. Subsequently, 'P' sued 'D' for false imprisonment.
    Solution
    To constitute false imprisonment, certain factors such as probable cause for imprisonment, knowledge of the plaintiff for the imprisonment , 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, Option D is correct.
  • Question 7
    1 / -0
    Principles:
    $$\bullet$$ A person is said to abet the doing of a thing when he instigates any other person to do that thing.
    $$\bullet$$ Mere acquiescence, however, does not amount to instigation.
    Facts: 'A' says to 'B': I am going to kill 'C'. "And and B' replies."Do as you wish and take the consequences"; whereafter 'A' kills 'C'.
    Solution
    'B' abetted 'A' to kill 'C' . 
    As , A told B about the offence that he was going to commit with C that is murder . It was his duty to stop him also to inform police about the action that's going to be happen . An individual abets an offense, who abets either the commission of an offense, or the commission of a function which would be an offense, whenever submitted by an individual able by law of commit­ting an offense with a similar goal or information as that of the abettor. He's commited abet under section 108 of IPC . 
  • Question 8
    1 / -0
    Principle: Whoever does not arrest the killer and report the matter to the concerned authorities commits an offence.
    Facts: 'A', a woman, sees 'B', another woman, killing a third woman 'C', 'A' neither attempted to arrest 'B' nor informed the concerned authorities.
    Solution
    A has committed an offense . It was her duty to stop arrest her or atleast report to or inform to the concerned authorities . While just neglecting to report a wrongdoing is a certain something, disguising a wrongdoing is another. An individual can for the most part be accused of accessory sometime later, or supporting and abetting, in the event that the person wasn't really present during the commission of a wrongdoing, however took activities to hide the wrongdoing or help the culprits keep away from catch.
  • Question 9
    1 / -0
    Principle: An agreement may be entered into orally or in writing, or by conduct.
    Facts: 'A' went to the shop of 'B' and picked a toothbrush and gave a cheque of Rupees twenty to 'B' and left the shop.
    Solution
    In the above case , there's an agreement as the price is paid for the item he purchased whether it's cash or cheque . The main element for an agreement is consideration , which is present in this case for the parties as the toothbrush for one party and cheque for another party . The practical consequence of integration is that its scattered parts , in their former and inchoate shape . 
  • Question 10
    1 / -0
    The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.

    PRINCIPLE: "Nobody shall unlawfully interfere with a person's use or enjoyment of land, or some right over, or in connection with it. The use or enjoyment, envisaged herein, should be normal and reasonable taking into account surrounding situation."
    FACT: Jeevan and Pavan were neighbours in a residential locality. Pavan started a typing class in a part of his house and his typing sound disturbed Jeevan who could not put up with any kind of continuous noise. He filed a suit against Pavan.
    Solution
    None of the above . 
    Pavan started a typing class in his own house , that is his property . And , he can enjoy or do whatever he wishes to do under his area that's his land or house . He is said to commited an offence when he was doing unlawful activities . Private nuisance unlawfully obstruct with others' delight throughout everyday life or property. The damage caused must be huge and of a sort that would influence a normal individual or property in a similar network.
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