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प्रश्न
Principle: There are certain acts which, though harmful, are not wrongful in law; therefore, do not give legal right to bring action in law, to the person who suffers from such acts.
Facts: 'Prakash' has a rice mill. His neighbor, Shanti, sets up another rice mill and offers a tough competition to Prakash. As a consequence, Prakash's profits fall down. He brings a suit against Shanti for damages.
विकल्प
Prakash can succeed in his claim as it is a case of actual damages
Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right.
Prakash can succeed in his claim for damages, as it is a case of damage as a result of infringement of his legal right.
Prakash may succeed in his claim for damages, as it is a case of loss to his business.
उत्तर
Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right.
Explanation:
The reasonable conclusion drawn Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right.
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संबंधित प्रश्न
Principle: Nothing is an offense if it is done under intoxication and the person committing the offense was incapable to understand the nature of the Act. Intoxication should be without the knowledge or against the will of the person.
Facts: A, B and C were having a party in Bar where A persuaded B and C to take alcoholic drinks. On the persistent persuasion B and C also consumed alcohol along with A. B and C had never consumed alcohol before. After intoxication, there was some argument between B and C where C pushed B with full force causing serious injury to B.
Principle: A condition to a contract can also be complied with after the happening of the event to which such a condition is attached.
Facts: 'A' promises to pay Rs. 5000 to 'B' on the condition that he shall marry with the consent of 'C', 'D' and 'E'. 'B' marries without the consent of 'C', 'D' and 'E', but obtains their consent after the marriage.
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.
Principle: In cases where there is an infringement of legal right even without any actual loss or damage, the person whose right is infringed has a cause of action.
Facts: 'P' was wrongfully prevented by the Returning Officer from ex ercising his vote in an assembly election. However, the candidate for whom he wanted to caste his vote won the election. Still, he ('P') brou ght an action claiming damages. Which of the following derivations is correct?
Legal Principle: The Latin maxim qui facit per alium, facit per se means that he who acts through another, acts himself.
Fact Situation: Heema requests her minor sister Harika to purchase a bag for her from the local shop. Harika purchases the bag on credit telling the shop keeper that her sister will pay for it. Afterward, Heema refuses to pay for the bag.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Qui facit per alium facit per se stands for
LEGAL PRINCIPLE 'Consent' defined as - Two or more persons are said to consent when they agree upon the same thing in the same sense.
What does 'consent' include?
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: Nobody shall make use of his property in such a way as to cause damage to others. Any such use constitutes a private nuisance, a wrongful act under Law of Torts.
Facts: Vasan was owing to a house, adjacent to a cluster of houses, owned by Varadan. Varadan was leasing out these houses whereas Vasan was living in his house. When Vasan was transferred to another place, he leased out his house to a person suffering from AIDS. Fearing the spread of AIDS, the tenants moved out of Varadan's houses. Varadan requested Vasan to evict AIDS patient and he offered to fix a suitable tenant for Vasan's house if the AIDS patient is evicted. But Vasan refused by arguing that AIDS would not spread as feared by Varadan's tenants. Varadan filed a suit against Vasan.
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
1. The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant’s conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
3. Volenti non-fit injuria is a defence to action in negligence.
Facts:
X purchased a disused cinema with the intention of turning it into a Multiplex. Six weeks after, X entered the building for the first time, it was set on fire by intruders and destroyed. As a result, the adjacent buildings were also affected and damaged. The cinema building was a target for vandals and children who often played there, but X had had no knowledge of previous attempts to start a fire at the cinema buildings. The owners of the adjacent buildings brought an action for negligence against X on grounds that X failed to take reasonable care for the safety of the buildings by not keeping the cinema locked, making regular inspections and employing a caretaker. Decide whether the occupier of a property owes a duty of care to the adjoining occupiers in respect of acts of trespass on his property resulting in damage to the adjoining properties?
