Multiple Choice QuestionsPrinciples
1. If A is asked to do something by B, B is responsible for the act, not A.
2. If A, while acting for B commits a wrong, A is responsible for the wrong,not B.
3. If A is authorised to do something for B, but in the name of A without disclosing B's
presence, both A and B may be held liable.
Facts
Somu contracted with Amar whereunder Amar would buy a pumpset to be used in Somu's
farm. Such a pumpset was in short supply in the market. Gulab, a dealer, had such a pumpset
and he refused to sell it to Amar. Amar threatened Gulab of serious consequences if he fails to
part with the pumpset. Gulab filed a complaint against Amar.
Proposed Decision
(a) Amar alone is liable for the wrong though he acted for Somu.
(b) Amar is not liable for the wrong, though he is bound by the contract with
Somu.
(c) Somu is bound by the contract and liable for the wrong. (d) Both Somu and Amar are liable for
the wrong.
Suggested Reasons
i) Amar committed the wrong while acting for the benefit of Somu.
ii) Amar cannot do while acting for Somu something which he cannot do while acting for
himself.
iii) Both Amar and Somu are liable since they are bound by the contract.
iv) Somu has to be responsible for the act of Amar committed for Somu's benefit.
Your decision with the reason
(a) (i)
(a) (ii)
(d)
(d)
Principles
1. The owner of a land has absolute interest on the property including the contents over and
under the property.
2. Water flowing below your land is not yours though you can use it.
3. Any construction on your land belongs to you.
4. All mineral resources below the land belongs to the State. Facts
There is a subterranean water flow under Suresh's land surface. Suresh constructed
a huge reservoir and drew all subterranean water to the reservoir. As a result, the wells of all
adjacent property owners have gone dry. They demanded that either Suresh must demolish
the reservoir or share the reservoir water with them.
Proposed Decision
(a) Suresh need not demolish the reservoir. (b) Suresh has to demolish the reservoir.
(c) Suresh has to share the water with his neighbours. (d) The Government can take
over the reservoir. Possible reasons
i) Water cannot be captured by one person for his personal use. ii) The Government
must ensure equitable distribution of water. iii) Whatever is under Suresh's land may be
used by him.
iv) Suresh has to respect the rights of others regarding water.
Your decision with the reason
(a) (iii)
(b) (i)
(c) (iv)
(c) (iv)
C.
(c) (iv)
Principles
1. An employer shall be liable for the wrongs committed by his employees in the course of
employment.
2. Third parties must exercise reasonable care to find out whether a person is actually
acting in the course of employment. Facts
Nandan was appointed by Syndicate Bank to collect small savings from its customers
spread over in different places on daily basis. Nagamma, a housemaid, was one of
such 'customers making use of Nandan's service. Syndicate Bank after a couple of years
terminated Nandan's service. Nagamma, unaware of this fact, was handing over her
savings to Nandan who misappropriated them. Nagamma realised this nearly after three
months, when she went to the Bank to withdraw money. She filed a complaint against the
Bank.
Possible Decision
(a) Syndicate Bank shall be liable to compensate Nagamma.
(b) Syndicate Bank shall not be liable to compensate Nagamma. (c) Nagamma has to
blame herself for her negligence.
Possible Reasons
i) Nandan was not acting in the course of employment after the termination
of
his service.
ii) A person cannot blame others for his own negligence.
iii) Nagamma was entitled to be informed by the Bank about Nandan. iv) The Bank is
entitled to expect its customers to know actual position.
Your decision with the reason
(b) (i)
(c) (ii)
(a) (iii)
(a) (iii)
Principles:-
1. A master shall be liable for the fraudulent acts of his servants committed in
the course of employment.
2. Whether an act is committed in the course of employment has to be judged
in the context of the case.
3. Both master and third parties must exercise reasonable care in this regard.
Facts
Rama Bhai was an uneducated widow and she opened a'S.B. account with Syndicate Bank
with the help of her nephew by name Keshav who was at that time working as a clerk in the
Bank. 'Keshav used to deposit the money of Rama Bhai from time to time'and get the
entries -done in the passbook. After a year or so, Keshav was dismissed from the service
by the, Bank. Being unaware of this fact, Rama Bhai continued to hand over her savings to
him and Keshav misappropriated them. Rama Bhai realised this only when Keshav
disappeared from, the scene one day and she sought compensation from the Bank.
Possible Decisions
a) Syndicate Bank shall be liable to compensate Rama Bhai.
b) Syndicate Bank shall not be liable to compensate Rama Bhai.
C) Rama Bhai cannot blame others for her negligence.
Possible Reasons
i) Keshav was not an employee of the Bank when the fraud" was committed.
ii) The Bank was not aware of the special arrangement between Rama Bhai
and Keshay.
iii) It is the Bank's duty to take care of vulnerable customers.
iv) Rama Bhai should have checked about Keshav in her own interest.
Your decision with the reason
(a) (iii)
(c) (iv)
(b) (ii)
(b) (ii)
Principles
1. A person is liable for negligence, if he fails to take care of his neighbour's
interest.
2. A neighbour is anyone whose interests should have been foreseeable by a reasonable man while
carrying on his activities.
Facts
A cricket match was going on in a closed door stadium. A cricket fan who could not
get into the stadium was watching the game by climbing up a nearby tree and sitting there. The
cricket ball in the course of the game went out of the stadium and hit this person and
injured him. He filed a suit against the organizers.
Possible Decisions
(a) The organizers are liable to compensate the injured person.
(b) The organizers are not liable to compensate the injured person'
(c) The injured person should have avoided the place where he might be hit by
the cricket ball. Possible Reasons
i) The organizers are responsible for the people inside the stadium.
ii) The organizers could not have foreseen somebody watching the game by climbing up a
tree.
iii) A person crazy about something must pay the price for that.
iv) The organizers shall be liable to everybody likely to watch the game.
Your decision with the reason
(a) (iv)
(a) (iii)
(b) (ii)
(b) (ii)
Principles
1. When a person unlawfully interferes in the chattel of another person by which the latter
is deprived of its use, the former commits the tort of conversion.
2. Nobody shall enrich himself at other's expense,
Facts
A patient suffering from stomach ailment approached. a teaching hospital. He, was.diagnosed
as suffering from appendicitis and his appendix was removed. He became alright. The
hospital however found some unique cells in the appendix and using the cell lines
thereof, it developed drugs of enormous commercial value. When the erstwhile patient
came to know about it, he claimed a share in the profit made by the hospital.
Possible decisions
a) The hospital need not share its profits with the patient. b) The hospital may share
its profits on ex gratis basis.
C) The hospital shall share its profits with the patient. Possible Reasons
i) The patient, far from being deprived of the use of his appendix, actually benefitted by
its removal.
ii) The hospital instead of throwing away the appendix conducted further research on it on
its own and the development of drug was the result of its own effort.
iii) The hospital could not have achieved its success without that appendix belonging to the
patient.
iv) Everybody must care for and share with others.
Your decision with the reason
(a) (i)
(a) (ii)
(c) (iii)
(c) (iii)
Principles
1. Copying including attempt to copy in examinations is a serious offence.
2. One shall not take any unauthorised materials into the examination hall. Facts
Rohini, an examinee in PUC., was thoroughly checked while entering into the examination hall.
She did not have anything other than authorised materials such as pen, instrument box, etc.,
with her. As she was writing her paper, an invigilator found close to her feet a bunch of chits.
The invigilator on scrutiny found that the chits contained answers to the paper being written
by Rohini. Rohini's answers tallied with the answers in the chits. A charge of copying was
levelled against Rohini.
Probable Decisions
a) Rohini shall be punished for copying.
b) Rohini cannot be punished for copying.
Probable Reasons
i) Something lying near the feet does not mean that the person is in possession
of that thing.
ii) The fact that she was checked thoroughly while getting into the hall must be
conclusive.
iii) Similarities between her answers and the answers in the chit indicate that she used
those chits.
iv) After using those chits, she must have failed to dispose of them properly.
Your decision with the reason
(a) (iii)
(a) (iv)
(b) (iii)
(b) (iii)
All contracts are agreements. All agreements are accepted offers. Which of the following
derivation is correct ?
All accepted offers are contracts
All agreements are contracts
All contracts are accepted offers
All contracts are accepted offers
No minor can enter into a contract of work. Working in a shop can be done only by
a contract. Which of the following derivation is correct ?
A minor cannot work in a shop
A shop cannot contract with a minor
There cannot be a contract to which minor is a party
There cannot be a contract to which minor is a party
All motor vehicles are required to have third party insurance. Any vehicle not
using mechanical device is not a motor vehicle.
Which of the following is correct derivation from the above?
All Third Party Insurances relate to motor vehicles
Vehicles not using mechanical device need not have Third Party Insurance
All vehicles must have Third Party Insurance
All vehicles must have Third Party Insurance
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