Assertion (A): In the Event of violation of any legal right (tort) the aggrieved party is entitled to recover unliquidated damages.
Reason (R): The object of awarding damages to the aggrieved party is to put him in the same position in which he would have been if the wrong would not have been committed. Damages are therefore, assessed on that basis

• Both A and R are individually true and R is the correct explanation of A.

• Both A and R are individually true but R is not the correct explanation of A

• A is true but R is false

• A is true but R is false

The Railway authorities allowed a train to be over-crowded. In consequence, a legitimate passenger, Mr. X got his pcket picked. Choose appropriate answer-

•  Mr. X can sue the railway authorities for the loss suffered.

   

•  Mr. X cannot sue because he had given his consent to travel in over-crowded train.

   

•  Mr. X cannot sue the railway authorities because there was no infringement of legal right and mere fact that the loss was caused does not give to a cause of action.

   

•  Mr. X cannot sue the railway authorities because there was no infringement of legal right and mere fact that the loss was caused does not give to a cause of action.

   

 A bench headed by………………quashed allocation of 214……….as………

•  Justice HL Dattu, Coad Blocks, illegal and arbitrary

   

•  Justice RM Lodha, coal blocks, illegal and arbitrary

   

•  Justice TS Thankur, licenses, illegal and arbitrary

   

•  Justice TS Thankur, licenses, illegal and arbitrary

   

 India and Britain recently Signed and “extradition treaty” Extradition means-

•  Exports without double taxation

   

•  Order of Indian courts will apply of Indians living in the U.K.

   

•  India and the U.K. will deport criminals on reciprocal basis to each other.

•  India and the U.K. will deport criminals on reciprocal basis to each other.

Principle: The consideration or object of an agreement is unlawful if the Court regards it as opposed to public policy. Every agreement of which the object or consideration is unlawful is void.

Facts: ‘X’ promises to obtain for ‘Y’ an employment in the public service; and ‘Y’ promises to pay Rs. 5,00,000/- to ‘X’. Which of the following derivations is CORRECT?

• There is a contract between ‘X’ and ‘Y’
• There is a voidable contract between ‘X’ and ‘Y’
• There is an agreement between ‘X’ and ‘Y’ which can be enforced by the court of law
• There is an agreement between ‘X’ and ‘Y’ which can be enforced by the court of law

Principle: A person has no legal remedy for an injury caused by an act to which he has consented.

Facts: ‘R’, a cricket enthusiast, purchases a ticket to watch a T20 match organised by the Indian Premier League (IPL). During the match, a ball struck for six hits ‘R’ on his body. and injures him. He sues IPL for compensation for the medical expenses.

Which of the following derivations is CORRECT?

• ‘R’ should be compensated as he purchased the ticket to get entertainment and not to get injured
•  ‘R’ would fail in his action, as he voluntarily exposed himself to the risk
• IPL would be liable as it did not ensure that the spectators were protected from the risk of such injuries
• IPL would be liable as it did not ensure that the spectators were protected from the risk of such injuries

Principle: Damage without the violation of a legal right is not actionable in a court of law. If the interference with the rights of another person is not unlawful or unauthorised, but a necessary consequence of the exercise of defendant’s own lawful rights, no action should lie.

Facts: There was an established school (‘ES’) in a particular locality. Subsequently, a new school (‘NS’) was set up in the same locality, which charged lower fees, on account of which people started patronising the new school. Because of the competition, ‘ES’ had to reduce its fees. ‘ES’ filed a case against ‘NS’ saying that ‘NS’ had caused it (TS’) financial loss and, thus, claimed compensation.

Which of the following derivations is CORRECT?

• Since no legal right of ‘ES’ had been violated, therefore, as such, no compensation could be granted
• Since damage is caused to ‘ES’, therefore, it should be awarded compensation
•  ‘ES’ should be awarded compensation, as opening of school in competition is not good
•  ‘ES’ should be awarded compensation, as opening of school in competition is not good

Principle: Negligence is a breach of duty or a failure of one party to exercise the standard of care required by law, resulting in damage to the party to whom the duty was owed. A plaintiff can take civil action against the respondent, if the respondent’s negligence causes the plaintiff injury or loss of property.

Facts: ‘D’ went to a café and ordered and paid for a tin/can of soft drink. The tin was opaque, and, therefore, the contents could not be seen from outside. She (‘D’) consumed some of the contents and then lifted the tin to pour the remainder of the content into a tumbler. The remains of a snail in decomposed state dropped out of the tin into the tumbler. ‘D’ later complained of a stomach pain and her doctor diagnosed her as having gastroenteritis and being in a state of severe shock. She sued the manufacturer of the drink for negligence.

Applying the aforestated principle. which of the following derivations is CORRECT as regards liability of the manufacturer in the given situation?

• The manufacturer is liable for negligence, as it owed at duty (to consumers) to take reasonable care to ensure that its products are safe for consumption
• The manufacturer is not liable for negligence. as there is no direct contract between ‘D’ and the manufacturer. No duty is owed by the manufacturer towards a particular consumer (‘D’)
• The manufacturer is not liable for negligence because it would otherwise become very difficult for the manufacturers to do business
• The manufacturer is not liable for negligence because it would otherwise become very difficult for the manufacturers to do business

229.

Principle: Master is liable for the wrongful acts committed by his servant; provided the acts are committed during the course of employment. However. the master is not liable if the wrongful act committed by his servant has no connection. whatsoever. with the servants contract of employment.

Facts: ‘D’ is a driver employed by ‘M’, who is the owner of a company. During the lunch time. ‘D’ goes to a close by tea shop to have a cup of tea. There he (‘D’) picks up fight with the tea shop owner (‘T’), which resulted in some damage to his shop. ‘T’ wants to sue ‘M’ for claiming compensation for the damage caused by the fight.

Which of the following derivations is CORRECT?

•  ‘M’ will be liable because ‘D’ is his servant
• Both ‘M’ and ‘D’ will be liable
• ‘M’ will not be liable because the wrongful act (picking up fight) was not committed in the course of D’s employment
• ‘M’ will not be liable because the wrongful act (picking up fight) was not committed in the course of D’s employment

Principle: Trespass to land means direct interference with the possession of land without lawful justification. Trespass could be committed either by a person himself entering the land of another person or doing the same through some tangible object(s).

Facts: ‘A’ throws some stones upon his neighbour’s (B’s) premises.

Which of the following derivations is CORRECT?

• ‘A’ has committed trespass
• ‘A’ has not committed trespass, as he has not entered B‟s premises
• ‘A’ has committed nuisance
• ‘A’ has committed nuisance