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प्रश्न
Principle: A person, who is usually of unsound mind, but occasionally normal, may make a contract when he is not of unsound mind.
Facts: 'A' generally remains in the state of unsound mind and rarely becomes capable of understanding the things.
विकल्प
'A' can make a contract at any time whenever he pleases.
'A' can make a contract only for his own benefit.
'A' can make a contract when normal.
'A' can never make a contract.
उत्तर
'A' can make a contract when normal.
Explanation:
According to the Section 12 of the Indian Contract Act defines that if a person is said to be of sound mind for the purpose of making a contract if at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interest.
A person who is usually of unsound but occasionally of sound mind may make a contract when he is a sound mind. Reasonable conclusion drawn in the above-noted problem, A can make the contract when normal.
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What kind of contact must the plaintiff prove as an element of the tort of battery?
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Given below is the statement of Legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
LEGAL PRINCIPLE: ln the employer-employee relationship, the employer is held liable for all the wrongs committed by his employees in the course of employment.
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DECISION:
Unliquidated damage stands for
In Law of Torts,
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
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1. A careless person becomes liable for his negligence when he owed a duty of care to others.
2. Valenti's non-fit injury is a defence to negligence.
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K was a friend of L and was teaching her to drive. Prior to such an arrangement, K had sought assurances from L that appropriate Insurance had been purchased in the event of an accident. On the third day, L was executing a simple manoeuvre at slow speed when she panicked which resulted in the car crashing into a lamp-post injuring K. L was subsequently convicted of driving without due care and attention. L denied liability to pay compensation to K on the ground of volenti non-fit injuria and also that she was just learning to drive and was not in complete control of the vehicle. Decide.
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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
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Possible Reasons
(i) The patient, far from being deprived of the use of his appendix, actually benefitted by its removal.
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1. Any interference with a person’s use or enjoyment of land.
2. The act of wrongfully causing or allowing the escape of deleterious things into another person’s land e.g. water, smoke, smell etc.
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