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Question
Principle: Law does not penalise for wrongs which are of trivial nature.
Facts: In the course of a discussion, 'A' threw a file of papers at the table which touched the hands of 'B'.
Options
'A' is liable for insulting 'B'.
'A' is not liable for his act, as it was of trivial nature.
'A' is liable for his act, as the file touched 'B's hand.
'A' is liable for his act, as it assaulted 'B'.
Solution
'A' is not liable for his act, as it was of trivial nature.
Explanation:
According to the Section 95 of the Indian Penal Code nothing is an offense by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm if that harm is so slight that no person of ordinary sense and temper would complain of such harm. The reasonable conclusion drawn A is not liable for his act, as it was of trivial nature.
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Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
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- However, the force employed should be proportionate to the apprehended danger.
The principle is to be applied to the given facts and to choose the most appropriate option
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Facts: 'P' submitted written consent to a surgeon 'S' for undergoing a surgical operation for removal of appendicitis. The surgeon while doing surgery also removed the gall bladder of 'A':
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In Law of Torts,
The question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given.
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1. A master shall be liable for the fraudulent acts of his servants committed in the course of employment.
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Rama Bhai was an uneducated widow and she opened a'S.B. account with Syndicate Bank with the help of her nephew by name Keshav who was at that time working as a clerk in the Bank. 'Keshav used to deposit the money of Rama Bhai from time to time' and get the entries done in the passbook. After a year or so, Keshav was dismissed from the service by the Bank. Being unaware of this fact, Rama Bhai continued to hand over her savings to him and Keshav misappropriated them. Rama Bhai realized this only when Keshav disappeared from, the scene one day and she sought compensation from the Bank.
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(ii) The Bank was not aware of the special arrangement between Rama Bhai and Keshay.
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(iv) Rama Bhai should have checked about Keshav in her own interest. Your decision with the reason
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