Vous êtes sur la page 1sur 10

1.

Principle: For every legally authorized act of the servant, the master is liable, provided that the act falls within the course of employment when either the master has authorized the same or it is a wrongful mode of doing some authorized act. Facts: A school bus driver, after dropping all the children home stopped at a roadside restaurant for having lunch. While he was having lunch, conductor of the bus, who was not having a driving license, drove the bus in order to turn it. While turning the bus he caused an accident whereby a small boy, restaurant owners son was in ured. !estaurant owner brought a suit against school authorities. a. !estaurant owners suit against school will fail . b. "chool authorities are to be held liable as conductor is an employee of the school, c. "chool authorities are liable since the driver and conductor had finished the tas# of leaving children, a tas# for which they were authorized by the school authorities. d. $he driver is liable for allowing the conductor to drive. %.. Principle: $he mere fact that a man is in ured by anothers act gives in itself no cause of action& if the act is deliberate, the party in ured will have no claim in law even though the act is intentional, so long as the other party is e'ercising a legal right. Facts: A, lives in a remote colony of (elhi. )e has been running a cyber caf* , offering internet services for more than five years. +eing the only shop of this #ind in the area he had been ma#ing good profit. +, opened a coffee shop in the neighborhood and provided internet access to his customers. As a result, internet business of A, is affected and he starts suffering losses. After some time, A, had to close his business. A, wants to bring a suit against, + for causing him loss of business. a. A, can bring an action against, +, for legal remedy. b. +, will be liable to restore As business c. A, has no cause of action against +. d. +, can be ordered to stop providing internet services to his customers. ,. Principle: -verybody is under a legal obligation to ta#e reasonable care in order not to in ure by an act or omission his neighbour, which he may foresee. $he neighbour for this purpose is a person who is li#ely to be affected by the act or the omission.

Facts: Amit, while rushing to board a moving train at a station pushed Anil who was wal#ing along with a heavy load, containing fire crac#ers, the push resulted in slipping of the load from Anils hand. $he crac#ers e'ploded in uring a boy, "umit standing nearby. "umit filed a suit against Amit claiming damages. a. Amit is not liable, because he did not foresee Anil carrying firecrac#ers. b. Amit is not liable, because Anil should not be carrying load of crac#ers on a !ailway platform c. Amit is liable, because he pushed Anil d. Amit is liable because he was running. ... Principle: -very person has a right to defend his own person, property or possession against an immediate harm, and to that end, may use reasonable amount of force. Facts:: /r. 0emini was passing by /rs. 1adheras house. At that time, /rs. 1adheras dog ran out and bit /r. 0eminis overcoat. /r. 0emini turned around and shot at the dog however, the dog ran away. While the dog was far away from /r. 0emini, /r. 0emini shot the dog dead as he believed that the dog had bitten other persons in the locality. /rs. 1adhera filed a suit for damages as the dog was of a rare breed and worth !s.233345 a. /rs. 1adhera will succeed because /r. 0emini #illed the dog, as his right of private defence has elapsed. b. /rs. 1adhera will not succeed because /r. 0emini is ustified in shooting the dog. c. /rs. 1adhera will not succeed because /r. 0emini too# the action to protect him as well as many other members of public in future. d. /rs. 1adhera will succeed because she lost her precious dog. 2. Principle: For a breach of contract, compensation can be claimed for the personal inconvenience suffered by a party by reason of the breach, which naturally arose in the usual course of things from such breach, or which the parties #new, when they made the contract to be li#ely to result from the breach of the contract. Facts: /r. Anil and /rs. "eema "hah purchased bus tic#ets from a private bus company for a ourney from !ainager to +aruch via Amreli. $he bus driver, by mista#e, too# them in a wrong direction and dropped them at a distance of , miles from Amreli on the state highway. /r. and /rs. "hah had to wal# the distance of , miles as there was no mode of transport available and it was midnight. /r. and /rs. "hah filed a suit against the bus company and claimed !s.%23345 as damages for inconvenience suffered for wal#ing and !s.233345 in respect of /rs. "eema "hahs catching cold during that night. a. $he bus company is liable to pay both the amounts claimed because the loss was suffered by

/r. and /rs. "hah for no fault of theirs. b. $he bus company is liable to pay !s.%23345 only c. $he bus company is not liable to pay anything. d. $he bus company is not liable as there was no breach of contract. 6. Principle 1: A person defames another if he states anything, which e'poses the other to hatred or ridicule or results in, him being shunned by others, or in ured him in his trade, business or profession. Principle 2: $o commit defamation, there must be communication of defamatory statement to a third party. Facts: A, a patient of + a doctor, is dissatisfied with +s treatment. )e discontinues the treatment and after sometime leaves the city. 7ater on his illness was automatically cured. A was upset because + had made him spend a lot of money on his illness. A writes a letter accusing +, of cheating. )e alleges that + magnified the effects of his illness, deliberately treated him in a manner so that it persisted and also caused deterioration of his health. + shows this letter to his lawyer. 8n consultation with his lawyer + files a suit for damages against A for defamation. a. A has defamed + and is liable to pay compensation. b. A has defamed + when the letter was read by the lawyer and therefore the compensation has to paid. c. A has not defamed + d. A has defamed + by writing such a letter to him. 9. Principle: When due to natural disaster or war it becomes impossible to perform a contract, non5performance of such contract shall not ma#e either of the parties liable for breach of contract but this does not include commercial impossibility. Facts: !a#esh is a merchant based in :ol#ata deals in almonds, which he procures from 8ndian as well as foreign mar#ets. 1imlesh enters into a contract with !a#esh for supply of 233 #ilograms of almonds ; !s..33 per #ilogram. $he relations between 8ndia and <a#istan turned sour and both countries snapped business ties soon after !a#esh agreed to supply almonds to 1imlesh. !a#esh did not deliver almonds to 1imlesh because he mostly procured almonds from <a#istan, which were comparatively cheaper. When as#ed by 1imlesh, !a#esh said that due to no trade and war li#e conditions between 8ndia and <a#istan, that he is not in a position to supply him almonds. 1imlesh files a suit for breach of contract. a. 1imlesh will succeed b. !a#esh will succeed c. =one of them will succeed d. +oth of them will partially succeed >. Principle: A willful infringement of patent where the infringing acts were committed without concern for the rights of the patentee or without a good faith belief will result in treble damages

to be paid by infringer to the patentee. Facts: 0": a pharmaceutical company has reasons to believe that an e'isting patent of <fizer company is erroneous. $hus it starts manufacturing the medicine on which the so called erroneous patent of <fizer e'ists. <fizer filed a suit for stopping 0": from manufacturing the medicine and also for treble damages. $he court finds the patent valid. a. 0": will have to pay treble damages only b. 0": will have to pay ordinary damages. c. 0": will have to pay no damages but stop manufacturing the medicine. d. 0": will pay damages but not treble damages and also stop manufacturing the medicine. ?. 7egal <rinciple5 Whoever, intending to ta#e dishonestly any movable property out of the possession of any person without that persons consent, moves that property in order to such ta#ing, is said to commit theft. Whoever commits theft, shall be punished with imprisonment which may e'tend to three years or with fine or with both. Factual "ituation5 Anil sees a ring belonging to !ohit lying on a table in !ohits house. =ot venturing to misappropriate the ring immediately for fear of search and detection, Anil hides the ring under the sofa cover, where it is highly improbable that it will be ever found by !ohit. Anil has the intention of ta#ing the ring from the hiding place and selling it when the loss is forgotten. (ecision5 8s Anil guilty of theft@ a. Aes b. =o c. Aes, because Anil had the intention of removing the ring from !ohits possession. d. Aes, because Anil had the intention of ta#ing movable property from !ohits possession, and with this intention he moved the property. 13. 7egal <rinciple5 Whoever #idnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered shall be punished. Factual "ituation5 A #idnaps : intending and #nowing the fact to be li#ely that : may be sacrificed to an idol so that his wife will be cursed from the three months long fever. <olice arrested A. A defends himself that his intention is not to murder :. (ecide. (ecision: a. A is not liable because he has not #idnapped for murder. b. A is not liable for intention to murder rather than liable for #idnapping

c. A is liable for #idnapping and abduction d. A is liable for both #idnapping, and abducting in order to murder. 11. 7egal <rinciple5 Whoever, intending to ta#e dishonestly any movable property out of the possession of any person without that persons consent, moves property in order to such ta#ing, is said to commit theft. Factual "ituation5 :irti puts a bait for dog in his poc#et and induces Amrits dog to follow him. Amrits dog began to follow :irit. Amrit when came to #now about it informed police. <olice arrived at :irits house and :irit without any fear told to police that 8 have not brought the dog myself as the people steal the goods and ob ects. (ecide a. :irit has not committed any offence because he has stolen nothing from Amits possession. b. :irit has not committed any offence because he has not stolen any movable goods or ob ect from Amrits possession. c. :irit has committed the offence of undue influence because he has influenced unduly the dog. d. :irit has committed the offence of theft as his intention is to ta#e away the dog from Amrits possession without his consent and his offence is complete when the dog began to follow. 12. <rinciple: a person is liable for all the direct conseBuences of his act, which he could have reasonably foreseen as naturally flowing from his act. Facts : Anant, while driving his scooter at a high speed #noc#ed down shan#er, a middle5aged person, wal#ing on the road. "han#ar bro#e his leg as a result of the accident. +ut since "han#ar was suffering from diabetes, the leg had to be amputated. "han#ar filed a suit against Anant for the loss of the leg. aC Anant is liable, since the loss of the leg is directly attributable to his act. bC Anant is not liable for the loss of leg, since he did not #now "han#er was suffering from diabetes cC Anant is not liable, since a diabetes patient li#e "han#ar should not have wal#ed on the road. 1,. <rinciple: -verybody is under a legal obligation to ta#e reasonable care to avoid act or omission which he can foresee would in ure his neighbour. $he neighbour for this purpose is any person whom he should have in his mind as li#ely to be affected by his act. Facts: :rishnan, while driving his car at a high speed in a crowded road, #noc#ed down a cyclist. $he cyclist died on the spot with a lot of blood spilling around. 7a#shmi, a pregnant woman passing by, suffered from a nervous shoc#, leading to an abortion. 7a#shmi filed a suit against :rishnan claiming damages. aC :rishnan will be liable, because he owed a duty of reasonable care to everyone on the road

including 7a#shmi. bC :rishnan will not be liable because he could not have foreseen 7a#shmi suffering from a nervous shoc# which eventually led to an abortion from his act. cC :rishnan will be liable to 7a#shmi because he failed to drive carefully. Principles for Questions 14-16. <rinciple 1: $respass means entering upon the immovable property of another. <rinciple %: Dnly sufficient force to remove a person from a property may be used. 1.. Apply <rinciple 1: Facts: <riya was going home from her wor#place, when she found a shortcut through the corner of Eessicas farm. "he wal#ed through the land, and reached her destination. Eessica, seeing her in action, shot her with a dart gun. 8s <riya liable@ A. Aes, as she entered into Eessicas land. +. =o, as she had no intention to cause any in ury to Eessica. F. =o, as Eessica punished her sufficiently for it. (. =o, as she went only through the corner of Eessicas farm. 12. Apply <rinciple %: Facts: <riya was going home from her wor#place, when she found a shortcut through the corner of Eessicas farm. "he wal#ed through the land, and wal#ed towards her destination. /eanwhile she also tried to wheel away a wheelbarrow, with some precious metals which had been dug out from a hole in the farm. Eessica, seeing her in action, shot her with a pistol on her an#le. 8s Eessica liable@ A. Aes, as the force was sufficiently larger than the act. +. =o, as the force was not sufficient for the act. F. Aes, as she should have informed the police instead. (. =one of the above. 16. Apply <rinciple 1 and %: Facts: <riya was going home from her wor#place, when she found a shortcut through the corner of Eessicas farm. +eing a narrow path, she would have to get into Eessicas convertible car, get out of the bac# window, ump into Eessicas neighbours farm, and then proceed. "he did so and wal#ing to her destination. Eessica, seeing her in action, shot her with a dart gun. Are any of them liable@ A. <riya is liable, Eessica is not. +. =either <riya nor Eessica are liable. F. +oth <riya and Eessica are liable. (. <riya is not liable, Eessica is. 19. <rinciple 8: Whoever, intending to ta#e dishonestly any moveable property out of the

possession of any person without that persons consent, moves that property in order to such ta#ing, is said to commit theft. <rinciple 88: Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, is said to commit criminal trespass. Facts: "hahru#h wor#s as a servant for Amitabh G a timber tycoon. Dn Amitabhs, land, "hahru#h discovers, are growing trees with a very special and rare fruit. )e decides he can sell them off in the blac# mar#et and ma#e a lot of money. Dne wee#, while his master is away on a holiday, "hahru#h decides to cut down many of these special trees and then goes and sells them off. (ecide. A. "hahru#h is liable for both, criminal trespass and theft. +. "hahru#h is liable only for theft since he anyways wor#ed with Amitabh and spent most of his day at Amitabhs house. F. "hahru#h is liable only for criminal trespass since theft involves moveable property which trees are not. (. "hahru#h is liable for civil trespass only. 1>. <rinciple: Whoever stores a substance which could cause damage on escape shall be absolutely liable for any damage caused by the escape of the substance from its premises. Facts: !ishima and A'ay decide to buy a mini5 chemical ob ect for their scientific e'periments. $he ob ect has great potentiality for damage, if bro#en, and hence !ishima and A'ay ta#e complete precautions against its damage. )owever one day the ob ect brea#s due to an earthBua#e. $heir neighbour 1ishrut rushes into their premises to chec# what caused the loud sound that accompanied the brea#age of the ob ect. !ishima and A'ay ensure that the damage is contained within the premises of the room. )owever, their neighbour, 1ishrut, sues them for the damage caused to her due to contact with the to'ic ob ect. A. 1ishrut was responsible for entering their premises and cannot sue !ishima or A'ay for her stupidity. +. $he ob ect did not escape the premises and hence !ishima and A'ay would not be liable. F. $he act of #eeping a dangerous ob ect would in itself ma#e !ishima and A'ay absolutely liable. (. $he dangerous ob ect bro#e and caused in ury to 1ishrut and this would ma#e the two of them absolutely liable. 1?. Questions 1-3 follow from the passage given below. Choose the option that is most in accordance with the given principles.

<rinciples: 1H +igamy is not permitted under )indu law. %H A )indu of sound mind can adopt a child of the gender they dont already have a child of. ,H Dnly the childs father, mother or guardian has the capacity to give the child up in adoption, under )indu law. Facts: Apoorv comes from a family where from the past % generations& all male members have had % wives. )e also wants to continue this tradition and thus he married "anchita first and then $isha. Apoorv has a son, 0o#ul, with "anchita. )owever, with $isha, he is childless. )e thus wishes to adopt some children. !am is the child of Apoorvs brother. )owever, !ams parents decide to go off to (ubai for 2 years and they leave their son under the care of Apoorvs sister. Apoorv and $isha as# for !am in adoption from his sister who agrees and !am is adopted. 7ater, Apoorv and "anchita want to adopt a daughter as well and they do adopt a girl G "araswati G from an orphanage. )owever, at the time of signing the adoption deed, Apoorv was dead drun#. Apoorv and all of his family members are Eains. :eeping in mind the given principles and facts, solve the following Buestions. 1. 8s !ams adoption a valid adoption@ A. =o, because Apoorv already has a son. +. =o, because Apoorvs sister has no authority to give !am up in adoption. F. Aes, it is a valid adoption because Apoorv has no child with $isha and Apoorvs sister was !ams guardian for 2 years at least. (. +oth IaC and IbC %. 8s "araswatis adoption a valid adoption@ A. =o, it is not a valid adoption as a )indu cant adopt more than one child. +. Aes, it is a valid adoption. F. =o, it isnt a valid adoption because Apoorv was dead drun# while signing. (. +oth IaC and IcC ,. 8s Apoorvs marriage legal and valid@ A. Aes, Apoorvs marriage with "anchita only is valid. +. Apoorvs marriage with $isha only is valid. F. +oth his marriages are valid since )indu law does not apply to him or his family. (. =one of the above.

.. <rinciple: =uisance is the interference with the en oyment of ones property.

Facts: =as#ar is a sitar player who often practices at home, though his room is largely sound proof. )is neighbour, +agul, is an old fellow with an e'tremely sensitive hearing condition G even the slightest of sounds affect his inner ear and destroy the balance. Dnce, as =as#ar was practicing at home, +agul heard the sounds of the sitar. )e lost his balance and fell down, there by in uring his #nee badly. )e sued =as#ar for damages. A. =as#ar is liable for the in ury since he is the direct cause of the in ury. +. $hough =as#ar can be made liable for nuisance, he cant be held liable for the #nee in ury caused. F. =as#ar is not liable at all. (. =as#ar is not liable for nuisance, but is liable for the #nee in ury. 2. <rinciple: =obody shall unlawfully interfere with a persons use or en oyment of land, or some right over, or in connection with it. Facts: Abhiroop buys a refrigerator for his hostel room. $his however consumes a lot of energy that directly affects the energy supply in his neighbour, Fhinlops room. Fhinlop sues Abhiroop. (ecide. A. Abhiroop is well within his rights to #eep a refrigerator in his room, and would not be liable. +. Fhinlop has been disturbed by Abhiroops act and can hence see# compensation. F. Fhinlop must be more accommodating to his neighbours. (. =one of the above. %.. <rinciple: A contract with a minor is a void contract. Facts: )em is an orphaned boy who is brought up by his uncle and aunt. Dwing to some dispute, his property is under Buestion and with the Fourt of Wards. When he turns %3, he decides to treat himself with a new car. )e goes to a showroom and decides to buy the car on credit basis. $he showroom owner as#s for his age and identity proof which )em readily furnishes. 7ater, )em is unable to pay for the car. $he showroom owner ta#es bac# his car and also sues )em for compensation a court of law. A. )em is no longer liable to pay the compensation since the showroom owner has already ta#en bac# the car. +. )em is not yet a ma or and hence the contract with him was void. $hus, the showroom owner cant ma#e )em liable to pay. F. )em is liable to compensate the showroom owner for the loss caused to him. (. )em is liable to compensate and if he is unable to, then his guardians are.

%2. <rinciple: -very agreement in restraint of the marriage of any person is void. Facts: 1ishwi and Alan#rita are co5widows. $hey get into an agreement by which, they agree that in case one of them gets remarried, they would forfeit the right to claim maintenance from the property of the deceased husband. 1ishwi remarries. "he, however, states that she is entitled to maintenance since the agreement is void on account of it restricting her right to marry. (ecide. A. $he agreement does not restrict marriage, and merely cuts the person who remarries out of maintenance. )ence the agreement is valid. +. $he agreement is made with an intention to restrict marriage since monetary benefits are cut short. F. 1ishwi is now entitled to maintenance out of the property of the new husband and cannot claim the property of her old husband as per the )indu /arriage Act,1?26. (. $he agreement cannot be valid in the eyes of law since remarriage should be encouraged.