| GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012: Legal Reasoning- 9 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- 9 Oct 16th 2012, 17:52 1. Principle: An employer is not liable for actions of employee which are not under the scope of employment. Fact: Mr. A gave some cash to his friend Z, who was a clerk in the defendant bank, for being deposited in his account. No proper receipt for deposit was obtained. Z was not authorized for this function and he also misappropriated the amount. Mr. A seeks compensation from bank. (a)A's claim for compensation will succeed. (b)A's claim for compensation will fail. (c)A's claim may or may not succeed Answer- b 2. Principle: A person owes a duty of care to everybody who is likely to be affected by his act. Fact: Ranga owns a condiment store selling both branded and non branded bakery products. A customer bought a pack of buns produced by Modern Bread Factory. A bun in the pack contained a stone and while eating that bun, the stone hurt the customer's tooth. He filed a suit against Ranga. (a)Ranga owed a duty of care to all his regular customers, and hence he is liable. (b)Ranga did not owe a duty of care on behalf of Modern Breads and hence is not liable. (c)It is for the customer to take care of himself in whatever he is doing. Answer- b 3. 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. Fact: 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- b 4. Principle: Causing nuisance means unreasonable interfering with a person's rights over his property. Facts: 'A' sets up a condiments store occupying the entire width of a stretch of footpath beside the boundary wall of Gokul Housing Society (GHS). 'B', a resident of 'GHS', sues 'A' for nuisance. (a) 'A' is liable for public nuisance (b) 'A' is not liable for nuisance (c) 'A' is not entitled to carry on a trade of his choice (d) 'A' is not liable to GHS but to B Answer A 5. Principle: In order for one to establish that there has been an act of negligence, it must be shown by the plaintiff that the defendant owed the plaintiff a legal duty of care. Facts: X Co. supplies the concentrate of a beverage known as 'Tropical' to Y Co. The latter dilutes the concentrate, bottles the same and supplies these bottles to distributors. Z falls ill on consuming a bottle of 'Tropical' and it is later discovered that the bottle contains traces of Endosulfan, a toxic chemical. Z plans to sue X Co. (a) X owed a duty of care to Z (b) Z ought to have sued Y since Y had control over quality (c) X and Y are jointly liable to compensate Z (d) X owes a duty of care to Y not Z Answer: B |  | | |  |  |
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