Principle:Damages the money recompense, as far as money can do, for the loss suffered by a person.
Facts 'A', an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of 'A' was mentioned in the voter's list. 'A' has also reported at the polling booth in time. However, the candidate in whose favour 'A' would have cast his vote won the election. 'A' fled a suit claiming damages.
Important Questions on Legal Aptitude
Principle Master is liable for the acts of his servant done in the course of his duties.
Facts 'X' hired an employee 'Y' in his construction business. 'Y' was the property in-charge who received construction material and gave receipts for the material received by him. 'Z' claimed payment for cement supplied to 'X' which was duly received by 'Y'.
'X' denied the payment on the ground that he has only received half of the material and the balance was misutillised by the employee 'Y'.
Principle : Employer is liable for the injury caused to the employee in the course of his employment.
Facts : 'X' organised a party and hired a caterer. During the party, generator set went out of order and he requested one employee of caterer i.e. 'Y' to bring the mechanic on his vehicle and promised to pay for the same to 'Y'. 'Y' met with an accident while going to fetch the mechanic and he seeks compensation.
This question consists of legal propositions/ principles (hereinafter referred to as 'principle' and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
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?
This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
Principle A careless person becomes liable for his negligence when he owed a duty of care to others.
Factual Situation As the bus was leaving the platform, Kashish rushed and boarded the bus keeping the door open. Ashish, who was standing at the edge of the platform, was hit by the door of the moving bus and injured. Aashish claims compensation from Kashish.
This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
Principle When a person interferes with peaceful possession of another person without the permission of the person in possession of those premises commits trespass to land.
Fact 'T' just walked over the land of 'P' to reach his house as it was a shortcut. 'P' had displayed a notice that it is not a thoroughfare. 'P' did not cause any damage to the land.
This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
Principle Whoever by words, either spoken or written brings or attempts to bring into hatred or contempt or excites or attempts to excite disaffection towards the government established by law in India shall be punished. However, comments expressing disapprobation of the administrative or other action of the government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence.
Facts A renowned professor of Economics wrote a critical comment on the economic policies of the Government of India in a National Daily. This piece of writing generated academic debate not only in the print media but also on television and Internet. A student of law asked the fellow Indians on a social networking website to assemble at a particular place for peaceful and silent demonstration against the said economic policies on a stipulated date and time. The crowd assembled at that venue and started shouting anti-government slogans. Police arrested the professor.
This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
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 a 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?
Facts Seema got herself operated on for the removal of her uterus in the defendant's hospital, as there was diagnosed to be a cyst in one of her ovaries. Due to the negligence of the surgeon, who performed the operation, an abdominal pack was left in her abdomen. The same was removed by a second surgery.
This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
Assertion (A): In the event of a 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.
This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
Principle: 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 the 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 a 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 the correct legal position in this given situation?
This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
Principle Assault is causing bodily injury to another person by use of physical force.
Fact Rustom while entering into compartment of a train raised his fist in anger towards a person Sheetal, just in front of him in the row to get way to enter into the train first but did not hit him. Rustom has :
This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
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 ('ES') financial loss and thus claimed compensation.
Which of the following derivations is correct?
This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
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 servant's contract of employment.
Facts: 'D' is a driver employed by 'M', who is the owner of a company. During lunchtime, 'D' goes to a closeby tea shop to have a cup of tea. There he ('D') picks up a 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?
This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
Principle 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. Inspite 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?
This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
Principle: When a person represents to another something, as a true fact knowing well truly that it is not true, he is guilty of fraud. The person subjected to fraud may avoid an agreement.
Factual Situation: 'A' presents a horse for sale. The horse is kept on display so that anyone interested could examine it. The horse has a cracked hoof, and it is cleverly concealed by the owner. 'B' tells "if you do not deny it, I shall assume that the horse is sound." 'A' keeps silent. 'B' purchases the horse.
Decision:
This question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
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?
