Multiple Choice QuestionsPrinciple: Vicarious liability is the liability of the Master or Principal for the tort committed by his servant or agent, provided the tort is committed in the course of employment. The Master or Principal is not liable for private wrongs of the servant/ agent.
Facts: ‘X’ hands over some cash money at his house to ‘Y’, who is his (X’s) neighbour and is also cashier in a bank, to be deposited in A’s account in the bank. Instead of depositing the money, ‘Y’ misappropriates it.
Which of the following statements depicts correct legal position in this given situation?
Principle: Ignorance of law excuses no one.
Facts: ‘X’ fails to file his income tax returns for a considerable number of years. The Income Tax department serves upon him a ‘show-cause notice’ as to why proceedings should not be initiated against him for the recovery of the income tax due from him with interest and penalty.
Which of the following derivations is CORRECT?
B.
‘X’ would have to pay the due, as ignorance of law and failure to comply with law is no legal ground of defencePrinciple: Whenever there is an invasion of a legal right, the person in whom the right is vested, is entitled to bring an action though he has suffered no actual loss or harm, and may recover damages (compensation).
Facts: ‘A’ was a qualified voter for the Lok Sabha election. However, a returning officer wrongfully refused to take A’s vote. In spite of such wrongful refusal, the candidate, for whom ‘A’ wanted to vote, won the election. But, ‘A’ brought an action for damages:
Which of the following derivations is CORRECT?
Principle: In a civil action for defamation, truth of the defamatory matter is an absolute defence. However, the burden of proving truth is on the defendant; and he is liable if he does not successfully discharge this burden.
Facts: ‘D’, who was the editor of a local weekly, published a series of articles mentioning that ‘P’, who was a government servant, issued false certificates, accepted bribe. adopted corrupt and illegal means to mint money and was a ‘mischief monger’. ‘P’ brought a civil action against ‘D’, who could not prove the facts published by him.
Under the circumstances, which of the following derivations is CORRECT?
Principle: A gift comprising both existing and future property is void as to the latter.
Facts: ‘X’ has a house which is owned by him. He contracted to purchase a plot of land adjacent to the said house but the sale (of the plot of land‟) in his favour is yet to be completed. He makes a gift of both the properties (house and land) to ‘Y’.
Under the aforementioned circumstances, which of the following derivations is CORRECT?
Principle: Caveat emptor ie. ‘let the buyer beware; stands for the practical skill and judgment of the buyer in his choice of goods for purchase. It is the business of the buyer to judge for himself that what he buys has its use and worth for him. Once bought and if the buy is not up to his expectations then he alone is to blame and no one else.
Facts: For the purpose of making uniform for the employees, “A” bought dark blue coloured cloth from ‘B’ but did not disclose to the seller (‘B’) the specific purpose of the said purchase.
When uniforms were prepared and used by the employees the cloth was found unfit. However, the cloth was fit for a variety of other purposes (such as, making caps. boots and carriage lining. etc). Applying the afore-stated principle.
Which of the following derivations is CORRECT as regards remedy available to ‘A’ in the given situation?
Principle: The transferor of goods cannot pass a better title than what he himself possesses.
Facts: ‘X’ sells a stolen bike to ‘Y’. ‘Y’ buys it in good faith.
As regards the title to bike which of the following derivations is CORRECT?
Principle: The Constitution of India guarantees the “right to life”. which means “right to live with human dignity”. The right to life under the Constitution, however, does not include the right to die.
Facts: ‘M’, who is 90, lives all alone as he has no family or children or grandchildren. He suffers from physical and mental distress, as there is no one to look after him. He has little means to foot his medical expenses. Under these circumstances. he approaches the court with a prayer that he should be granted the right to die with dignity because he does not want to be a burden on the society. Further, as it is his life he has a right to put an end to it.
Which of the following derivations is CORRECT?
Principle: Nuisance is an unlawful interference with a person’s use or enjoyment of land or some right over or in connection with it. If the interference is „direct’, the wrong is trespass; whereas, if the interference is ‘consequential’, it amounts to nuisance.
Facts: ‘A’ plants a tree on his land. However. he allows its branches to project over the land of ‘B’.
Which of the following derivations is CORRECT?
Principle: interference with another’s goods in such a way as to deny the latter’s title to the goods amounts to conversion, and thus it is a civil wrong. It is an act intentionally done inconsistent with the owner’s right, though the doer may not know of, or intend to challenge the property or possession of the true owner.
Facts: ‘R’ went to a cycle-stand to park his bicycle. Seeing the stand fully occupied, he removed a few bicycles in order to rearrange a portion of the stand and make some space for his bicycle.
He parked his bicycle properly, and put back all the bicycles except the one belonging to ‘S’. In fact, ‘R’ was in a hurry, and therefore, he could not put back S’s bicycle. Somebody came on the way and took away S’s bicycle. The watchman of the stand did not take care of it assuming that the bicycle was not parked inside the stand. ‘S’ filed a suit against ‘R’ for conversion.
Which of the following derivations is CORRECT?
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