171.

.Principle: In cases where there is an infringement of legal right even without any actual loss or damage, the person whose right is infringed has a cause of action.
Facts : 'P' was wrongfully prevented by the Returning officer from exercising his vote in an assembly election. However, the candidate for whom he wanted to cast his vote won the election. Still, he (,P') brought an action claiming damages. Which of the following derivations is correct ?

•  'P' would not succeed in his action, as the candidate for whom he wanted to give his vote won the election 
•  'P' would succeed in his action, as it is mandatory to cast vote 
•  'P' would not succeed in his action, as he did not suffer any loss in that election 
•  'P' would not succeed in his action, as he did not suffer any loss in that election 

Principle : Defamation if the publication of a statement which tends to lower reputation of a person in the intimation of other members of the society generally.
Facts : 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly to 'B' in a sealed cover.

•  'A' is liable to 'B' for defamation, as the letter is highly offensive and is derogatory and is directly sent to 'B'
•  'A' is not liable to 'B' for defamation, since there is no publication to any other person in whose estimation the reputa- tion of 'B' could be brought down 
•  'A' is liable to 'B' for defamation, as it has hurt his ('B's) self-esteem 
•  'A' is liable to 'B' for defamation, as it has hurt his ('B's) self-esteem 

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.

•  Payment of toothbrush cannot be made through a cheque 
•  'A' should have carried a currency note of Rupees Twenty to make the payment 
•  'A' did not enter into an agreement with 'B' 
•  'A' did not enter into an agreement with 'B' 

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.

• 'B' has committed an offence 
• 'B' has not committed an offence 
•  'A' has committed an offence
•  'A' has committed an offence

Principle: There are certain acts which, though harmful, are not wrongful in law; therefore do not give legal right to bring action in law, to the person who suffers from such acts.
Facts: 'Prakash' has a rice mill. His neighbour, Shanti, sets up another rice mill and offers a tough competition to Prakash. As a consequence, Prakash's profits fall down. He brings a suit against Shanti for damages.

• Prakash cannot succeed in his claim for damages, as it is a case of damage without infrin- gement of any legal right 
• Prakash can succeed in his claim as it is a case of actual damages 
• Prakash may succeed in his claim for damages, as it is a case of loss to his business 
• Prakash may succeed in his claim for damages, as it is a case of loss to his business 

Principle : A condition to a contract can also be compiled with after the happening of the event to which such a condition is attached.
Facts: 'A' promises to pay Rs. 9000 to 'B' on the condition that he shall marry with the consent of 'C', 'D' and 'E'. 'B' marries without the consent of 'C', 'D' and 'E', but obtains their consent after the marriage

•  'B' has not fulfilled the condition
•  'B' has fulfilled the condition
•  'B's marriage is not valid
•  'B's marriage is not valid

Principle: The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.
Facts: 'A' sent a letter making a proposal to 'B' to purchase the house of 'B'

•  The communication of proposal is complete when 'A' sent the letter 
• The communication of proposal is complete when B's wife handed over the letter to 'B' 
• The communication of proposal is complete when 'B's wife received it 
• The communication of proposal is complete when 'B's wife received it 

Principle: Whoever by words or writing conveys to others any imputation concerning any person's reputation is said to defame that person.
Facts: During a marriage ceremony, 'A' circulated a pamphlet saying that '5', sister of the bride, is a thief, she has stolen the shoes of the bridegroom.

• 'A' has defamed '5'
•  'A' did not defame '5' as he never intended it 
•  'A' defamed the bride
•  'A' defamed the bride

Principle: Causing of an effect partly by an act and partly by an omission is an offence.
Facts: 'A' confined her daughter 'D' in a room. 'A' also did not provide any food to her daughter 'D'. Consequently, 'D' died of starvation.

• 'A' committed no offence  
•  'A' committed the offence of confining 'D' 
•  'A' committed the offence of not providing food to 'D' 
•  'A' committed the offence of not providing food to 'D' 

Principle: An agreement without free consent can be enforced only at the option of the party whose consent was not free.
Facts: 'A' obtains the consent of 'B' to enter into an agreement by putting the gun on the head of B's girl friend.

•  'A' can enforce the agreement
•  'B' can enforce the agreement 
•  Neither' A' nor 'B' can enforce the agreement
•  Neither' A' nor 'B' can enforce the agreement