| GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012: Legal Reasoning- 7 Oct 16th 2012, 17:54 | GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012 | | The source for all engineering and legal education news in India | | | Legal Reasoning- 7 Oct 16th 2012, 17:43 1. Legal Principle-. A person, intentionally causing harm to others, is liable for battery. A person is said to have intended the harm, in so far as he brings about the harm purposefully or knowingly. Factual Situation-A teacher suffering from arthritis problem was moving around the classroom in the course of teaching, As she was moving backwards to reach her chair, a student saw a scorpion moving underneath the chair and immediately rushed to attack the scorpion and in that process moved the chair. Meanwhile, the teacher fell down in the process of taking her seat and broke her hips. A suit was filed against the student for battery. a) The student is not liable, since he wanted to save the teacher and others from the scorpion. b) The student is liable, since he knew that the teacher would be taking the seat. c) The student should be held additionally liable for the lack of attention to the teaching. Answer A 2. Legal Principle- A person is liable for the harm caused by his activity only to the extent he could have foreseen the damage. Karan was in a hurry to get into the train about to move. There was tremendous rush in the railway station. In the process of gaining entry, he accidently pushed another passenger, carrying a load on his head. The other passenger fell down and sharp instruments, contained in his head load fell out and injured several people. A suit was filed against Karan seeking compensation for the injury caused to the people. a) Karan is not liable, since he did not intend to push the passenger. b) Karan is not liable, since he could not have foreseen such a bloody consequence, out of his struggle to gain entry into the train. c) Karan is liable, because he ought to have foreseen the passengers, carrying various kinds of luggage with them. Answer B 3. Legal Principle: An offer need not be made to a specified person. Facts: A company advertised to pay Rs.2000 to any one who contracts fever , even after using their new medicine. Miss Y used the medicine according mentioned directions. Even after consuming medicine according to mentioned direction she suffers from fever. Rs.2000 were paid to miss Y. Thereafter A, who as suffering from fever even after using the tablets approached the company claiming the reward. (a) Y is also entitled to the reward. (b) Y is not entitled to reward, since contract is already performed, (c)Y is not entitled to reward, since X had already accepted the offer. Answer A 4. Principle: An act of God is an event that directly and exclusively results from the occurrence of natural causes that could not have been prevented by the exercise of foresight or caution; an inevitable accident. Fact: X had created an artificial lake on his land by damming some natural streams. Once there was an extraordinary heavy rainfall, heaviest in history of that area. Due to rainfall the embankments of the lake gave way. The rush washed away four bridges belonging to the plaintiff. Plaintiff claimed damages. (a)Defendants were liable. (b)Defendants were not liable. (c)Defendants were partly liable. Answer B 5. Principle: The law permits use of reasonable force to protect one’s person and property and calls it ‘private defence’. If the defendants use the force which is necessary for self defence, he will not be liable for the harm caused thereby. Fact: Y sneaked in into house of Mr. X with the motive of theft. Mr X somehow managed to notice presence of Y in his house. He challenged Y to leave his house immediately. Y got scared and started to leave. Even then Mr X brought his licensed gun and shot Y below his waist. Y claimed damages. (a) Mr.X is not liable as Y was trespasser on his land. (b) Mr.X is liable because the force used was more than necessary. (c) Mr.X is not liable as Y was trying to steal property of Mr.X Answer: B |  | | |  |  |
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