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प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: According to law, a person who finds goods belonging to another and takes them into his custody, is subject to the same responsibility as a bailee. Bailee is a person or party to whom goods are delivered for a purpose, such as custody or repair, without transfer of ownership. The finder of the goods legally can sell the goods found by him under certain circumstances including the situation that the owner refuses to pay the lawful charges of the finder.
Facts: P, a college student, while coming out of a Cricket stadium found a necklace, studded with apparently precious diamonds. P kept it for two days thinking that the owner would notify it in a local newspaper. Since he did not notice any such notification, P published a small classified advertisement in a local newspaper. In two days’ time, P was contacted by a film actor claiming that it was her Necklace and requested P to return it to her. P told her that she should compensate him for the advertisement charges then only he would return it otherwise he will sell it and make good his expenses. The film star told P that she had advertised in a national newspaper about her lost Necklace which was lost somewhere in the Cricket Stadium. The advertisement was published for three consecutive days incurring a large expenditure for her. Mentioning all this she refuses to pay P and claims the Necklace back. Which among the following is the most appropriate answer to this?
विकल्प
As it was wrong on the part of P to bargain over a property belonging to a celebrity and he should have accepted some gift which might have been given by the film star and returned the Necklace instead of threatening her that he would sell it.
As the film star had notified in the newspaper, P ought to have read it and contacted her instead of publishing another notification. So he cannot claim any compensation.
P was requesting the film star for the actual expenditure incurred by him before returning the Necklace. This request is legally sustainable.
The film star was right in refusing P, as she did not offer any rew ard for anyone who would return the Necklace.
उत्तर
P was requesting the film star for the actual expenditure incurred by him before returning the Necklace. This request is legally sustainable.
Explanation:
P was requesting the film star for the actual expenditure incurred by him before returning the necklace. This request is legally sustainable.
The founder of the necklace P made a lawful request to be refunded for the actual expenditure incurred on the advertisement. P is supported by legal grounds and has the right to claim for a refund.
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संबंधित प्रश्न
Which of the following could not constitute battery if done with the requisite intent?
Which one of the following interests are not protected by the law of tort?
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principle: Vicarious liability is when employers are held liable for the torts committed by their employees during the course of employment.
Factual Situation: New Vision School opened a boarding house (Shivaji House) for boys in the year 2000 for the students having behavioral and emotional difficulties. The claimants in the instant case had resided there between 2000 to 2003, being aged 12 to 15 during that time, under the care of a warden, who was in charge of maintaining discipline and the running of the house. The warden lived in the House, with his disabled wife, and together they were the only two members of staff in the House. His duties were ensuring order, in making sure the children went to bed, went to school, engaged in evening activities, and supervising other staff. It had been alleged by some of the boys that the warden had sexually abused them, including inappropriate advances and taking trips alone with them. A criminal investigation took place some ten years later, resulting in the warden being sentenced to seven years imprisonment. Following this, the victims brought an action for personal injury against ~he employers, alleging that they were vicariously liable. Whether the employers of the warden may be held vicariously liable for their employee's intentional sexual abuse of school boys placed under his care?
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.
Principle: An unlawful interference with a person's use or enjoyment of land or some right over, or in connection with it, is a nuisance in law of tort.
Facts: During the scarcity of onions, long queues were made outside the defendant's shop who has a license to sell fruits and vegetables used to sell only 1 kg of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers filed a suit for nuisance against the defendant.
Which one of the following decisions will be correct in this suit?
PRINCIPLE Assault is the use of words or gestures inducing a threat of force or danger to the person.
FACTS X and Y being friends were comparing stalwarts of their favourite football teams. X egged Y to go on and without realising it converted into a verbal sling fest and reduced to angry expletives. X and Y decided to file suits of verbal assault against each other.
Principle: A libel is a publication of a false and defamatory statement tending to injure the reputation of another person without lawful justification or excuse. Slander is a false and defamatory statement by spoken words or gestures tending to injure the reputation of another.
A wrote a letter to B calling him a cheat. B's clerk C opened the letter, as he normally did (a fact which was known to A) and placed it on B's table. B alleges that A has committed libel
Principle: A master shall be responsible for the wrongful acts of his servants in the course of his employment.
Facts: The Syndicate Bank was running a small savings scheme under which its authorized agents would go round and collect small savings from several people on daily basis. These agents would get commission, on the deposits so collected. Ananth was one such agent, collecting deposits from factory workers engaged on daily wages. Though he regularly carried on his business for sometime, slowly he started appropriating deposits for his personal use and one day he just disappeared. One Fatima, who had been handing over her savings to him found that nearly for a month before his disappearance, he was not depositing her savings at all. The Bank, when approached, took the stand that Ananth was not its regular and paid employee and therefore, it was not responsible for his misconduct. She files a suit against the Bank
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.
Legal Principle: Master/Principal is vicariously liable for the tort committed by a servant/agent, in the performance of his duties as a servant/agent.
Factual situation: The plaintiff a bullion merchant was arrested by the police on a charge of purchasing stolen goods. Some of the gold and silver ornaments were seized for the plaintiff and were kept in the police station custody. The duty constable appropriated the gold ornaments and escaped to a foreign country. The plaintiff after being acquitted brought an action against the State for the compensation. In this case, compensation is DECISION:
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.
Legal Principles:
1. Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent or reasonable man would not do
2. Defendant’s duty of care depends of the reasonable foreseeability of injury which may be caused to the plaintiff on breach of duty.
Factual situation: The defendants employees of the Municipal Corporation opened a manhole in the street and in the evening left the manhole open an covered it by a canvass shelter, unattended and surrounded by warning lamps. The plaintiff, an eight years old boy, took one of the lamps into the shelter and was playing with it there when he stumbled over it and fell into the manhole. A violent explosion followed and the plaintiff suffered burn injuries. The defendants are DECISION:
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
1. Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with it.
2. The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
3. Generally, nuisances cannot be justified on the ground of necessity. pecuniary interest, convenience, or economic advantage to a defendant.
Facts:
Dr. Hemant had for 18 years operated a clinic and hospital for the treatment of ENT. Dr. Karan operated a renal clinic in which patients receive haemo-dialysis on the floor above Dr. Hemant’s clinic. Karan was found liable for obnoxious fumes emitting from the clinic which escaped downwards into Dr. Hemant’s clinic. Hemant, his staff and patients were found to have suffered substantial damage ranging from skin diseases, red and swollen eyes, headaches, lethargy and breathing difficulties. Decide whether Karan is liable?
