legal reasoning 3

8/12/2019 legal reasoning 3

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1. Based on Principle 1, 2 and 3, answer questions 1, 2 and 3.

Priniciple 1: Nothing is an offence which is done by a person who, at the time of doing it, is, byreason of into ication, incapable of !nowing the nature of the act, or that he is doing what iseither wrong, or contrary to law: pro"ided that the thing which into icated him was administeredto him without his !nowledge or against his will.

Principle 2: #oluntary drun!enness is no e cuse for commission of a crime

Priniciple 3: $elf defence is not an e cuse to pri"ate defence.%acts: &ay and 'man go to a dhaba for lunch. 'man orders for a couple of drin!s for himself. (ema!es two drin!s for himself and e cuses himself to attend to a call. )hile away, &ay doublesthe alcohol content in both his drin!s. 'man does not realise the difference and continuesdrin!ing. *his happens a couple of times and 'man is in an e tremely into icated state. +n thisstate, he pic!s a !nife and attempts to stab a fellow customer, ishabh. ishabh in order to

protect himself brandishes his own !nife. +n the ensuing fight ishabh hurts 'man. *his ma!es'man put his !nife away, but ishabh, suspecting some additional threat, inflicts another woundon 'man-s wrist.

1. Based on Principle 1, decide:'. 'man is not liable for attempting to stab ishabh as he was too drun! to realise theconsequences of what he was doing.B. 'man is not liable for attempting to stab ishabh since he was into icated beyond hiscapacity without his !nowledge or consent.. 'man would be liable for attempting to stab ishabh since he was willingly consuming thealcohol./. 'man would not be liable since he did not accomplish what he set out to do.

2. Based on Principle 1 and 2:'. 'man is not liable for attempting to stab ishabh since he was too into icated to realise theconsequences of his act.B. 'man is not liable for attempting to stab ishabh since he was into icated beyond hiscapacity without his !nowledge or consent.. 'man would be liable for attempting to stab ishabh as he was willingly consuming the


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liquor./. 'man would not be liable since he did not accomplish his mission.

3. 'pplying the principles 1, 2 and 3:'. 'man was into icated and hence did not !now the consequences of his act. ishabh would beliable for inflicting the wrist in0ury.B. 'man cannot claim for compensation since ishabh was merely protecting himself from theinflicted in0ury.. 'man can claim compensation for the second in0ury, but not for the first since it was an act of

pri"ate defence./. ishabh merely too! precautions to ensure that he would not be attac!ed again, and hence heis not liable for either of the wounds.

. egal Principle *he defamatory statement if it based on ground of truth, good faith or publicinterest, and stri!es a balance between freedom of speech and e pression guaranteed underonstitution of +ndia and indi"idual4s right of reputation then such defamation would not attract

penalty.

%actual $ituation 5r $ahib4s friend while facing a trial in a court was compelled to pay s 678to Public Prosecutor and 'ssistant Public Prosecutors for getting their help to ha"e long dates fortrial. 5r $ahib from his child hood hates corruption. (ence he wrote an article on this fact andissue as 9 (ow the 0ustice stands at a distance as a helpless spectator so as to the manner inwhich the illicit bribe money from plaintiff and defendants enters into the poc!ets of the PublicProsecutors and 'ssistant Public Prosecutors and the e tent to which it reaches and to which use

it is put9.

/ecision

a. 5r $ahib cannot be punished because his article is a lesson to the people doing corrupt practice. b. 5r $ahib cannot be punished because his article is li!e a public interest petition and can brea!such practice in future.c. 5r $ahib can be punished because this remar! is defamatory of the group of persons referredto it and there is no proof of the facts and it is not e ception to the punishment.

d. 5r $ahib can be prosecuted because his friend had not told him to write against PublicProsecutor and 'ssistant

7. egal Principle )hoe"er dishonestly misappropriates or con"erts to his own use any mo"able property shall be punishable.

%actual $ituation ' and B are 0oint owners of a 5aruti ar, one day ' too! the car from B4s


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garage to ha"e a morning tour without !nowledge of B. n the road '4s friend met him andtoo! the car to drop his in school and on the way to school he met with an accident with theschool bus and the car was damaged. B being disgusted on the fact of '4s ta!ing out car withouthis consent , blamed ' and lodged an %+ in local police station that ' has stolen the car.

/ecision

a. ' has committed the offence of theft because he has not ta!en the consent of B. b. ' is guilt of theft because he has ta!en and dri"en the car the car and ta!ing away of mo"able property is the essential element in offence of theft.c. ' is not guilty of theft because he is also one owner of the car and his ta!ing away does notamount to his intention to steal and as he is also the owner the consent of B is not merelyrequired.d. ' is not guilty of theft rather his friend is liable for theft.

;. egal Principle )hoe"er with intent to cause, or !nows that he is li!ely to cause, wrongfulloss or damage to the public or to any person, causes the destruction of any property , or anysuch change in any property or in the situation thereof or destroys or diminishes its "alue orutility or affects it in0uriously , commits mischief.

%actual $ituation


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a 'rchit is liable to return the money as it was his partner, *ushar who directed the mo"ie. b 'bbas has been negligent in not properly enquiring the purpose for which *ushar borrowed themoney. 'rchit is not liable to pay him bac! according to the principle of contributory negligence.c 'rchit is not liable as *ushar absconded with the money instead of using it to pay off the debtsin the partnership.d 'rchit is not liable as by the time *ushar borrowed money from 'bbas, the partnership was nomore in e istence.

?. Principle: ' person is liable for only those damages which he can reasonably foresee.

%acts: n one construction site the defendant was negligent and an asbestos cement co"erslipped from his hand to fall into a tub of hot molten liquid. +n moments there was an e plosionand the plaintiff who was standing nearby watching the construction in progress gets in0ured. +t

was found that the e plosion was caused by a comple chemical reaction of heat acting onasbestos. *he in0uries were caused by steam which was produced in this reaction and not bymolten liquid. +s the defendant liable@

aA *he defendant is not liable because the e plosion is not foreseeable bA *he defendant is liable because he was negligent.cA *he defendant is not liable because the plaintiff was an onloo!er and he did not owe a duty ofcare to him.

. egal Principle )hoe"er attempts to commit an offence punishable by the +ndian Penal ode

with imprisonment for life or imprisonment, or to cause such an offence to be committed and insuch attempt does any act towards the commission of the offence, shall be punished.

%actual $ituation C stays in $outh > tension, New /elhi. ne e"ening he thought to steal all thegold 0ewellery from 5ehra and $ons ompany at $outh > tension branch. (e called his twofriends to help him in such of his dri"e towards being rich o"ernight. *hen the trio made theunderground hole towards the 5ehra D $ons from north side during midnight. /uring such

process one of his friends died when collided with the concrete of the groundfloor of 5ehra and$ons. C and his another friend also recei"ed in0uries and became unsuccessful to enter into the5ehra D $ons. n the information from the night watchman the police arri"ed at the spot and

arrested 5r C and his sur"i"ing friend and sent the body and sent the body of their dead friend tothe '++5$ for post mortem after necessary legal formalities. 5r C and his sur"i"ing friend toldthe police that they ha"e not committed any theft, e"en they ha"e not entered into such 0ewelleryshop and their friend also died hence they are neither responsible for brea!ing an law nor to

0ewellery shop. /ecide.

/ecision


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a. C and his friend are not liable because their friend died. (e along with his friend were in0ured. b. C and his friend not liable because e"en they ha"e not touched any 0ewellery.c. C and his friend can be responsible because their act attracts the other thie"es to try at 5ehraD $ons who ha"e more 0ewellery and it is a problem in future for such a big 0ewellery shop.d. C and his friend can be held responsible because they attempted to commit an offence underthe +P and their attempt did an act towards the commission of offence.

18. egal Principle )hoe"er, intending to insult the modesty of any woman, utters any word,ma!es any sound or gesture, or e hibits any ob0ect, intending that such word or sound shall beheard, and that such gesture or ob0ect shall be seen, by such woman , or intrudes upon the

pri"acy of such woman , shall be punished.

%actual $ituation 5s. Pra"een wor!s in an > port (ouse in Ereater Noida. *here are more than

178 employees along with wor!ers in such company. ne of the employees itesh wanted toha"e some tal! with 5s. Pra"een. But she scolded him in front of some 78 wor!ers inemployee4s canteen. *a!ing this grudge, itesh e"ery day during entry at morning pats 5s.Pra"een4s hand and sha!es her right hand for a few minutes against her will. ne day she madeup her mind and informed to her boss. But the boss considering the wor! efficiency of itesh didnot ta!e any action. $he alternati"ely informed the police. Police arrested itesh. iteshdefended himself on the point that he used to sha!e her hand and it is a manner of wishing acolleague and second point is that his boss is competent authority to ta!e action because it is thewor! place.

/ecision

a. itesh shall be punished because sha!ing hand with a girl against her will amounts to these ual harassment at wor! place and such a act is sub0ect to be prosecuted.

b. itesh can be punished only by his Boss not by ourt of aw and if his Boss forgi"es thenthere is not law in +ndia to punish him.c. itesh shall not be punished because sha!ing hand is not offence in +ndia.d. itesh shall not be punished because he acts in such manner only during office hour and

before many employees not in an abandoned area.

11. egal Principle onsumer for any transaction has own choice for the better taste of goodsand ser"ices.

%actual $ituation ama ao, a merchant from Bangalore was on a tour in &aisalmer. he cameacross a shop, which was on a tour in &aisalmer. (e came across a shop, which was selling dryfruits. ao saw some oats, which were good and decided to purchase the same. 'fter returning toBangalore, he wrote a letter to the shop in &aisalmer as!ing them to send one quintal of good


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oats. 'fter about 17 days, he recei"es one quintal of oats, but he found them to be "ery old. (ere0ected the consignment and as!ed them for return of the money paid by him. *hey repliedsaying that oats would become good only when they were old. But he wanted new oats, whichaccording to him were good.

/ecision

a. ama ao will succeed because it is the consumer4s own choice to decide the good or badnessof the goods.

b. ama ao will succeed because he has paid money.c. am ao will not succeed because the old oats are good.d. ama ao will not succeed because he has to, as per seller act direction.

12. Principle: *he relationship between partners is go"erned by the deed of the agreement

entered into by them in order to establish the partnership firm.

%acts: ', B and constitute 'B D o. a partnership firm engaged in the trade of pulses, spicesand edible oils. *he partnership deed pro"ide that alone shall be liable for transactionsin"ol"ing trade of pulses. 5ohan sells 188 !g of pulses to ' for 'B D o. and ' as!s 5ohan toreco"er the amount from citing the term in the partnership deed.

a. 5ohan can reco"er the amount only from . b. is liable to pay 5ohan as per the term in the deed.c. 5ohan is not bound to reco"er the amount only from .

d. ' is liable to pay 5ohan since he bought on behalf of the firm.

13. egal Principle: )hen a person does something that causes reasonable apprehension ofimminent use of unlawful force in the mind of another person, he is liable for the tort of assault.

%acts: Eaura" accidentally brushes against his classmate (imanshu while they-re lea"ing for thecollege football field to watch a football match. (imanshu accosts Eaura", tells him he would becut to pieces for his audacity and wal!s away. Eaura" sues (imanshu for assault.

a. aw does not ta!e note of such trifles. b. (imanshu is liable for the tort of assault.c. (imanshu is not liable for assault.d. Eaura" is liable for battery.

1 . egal Principle )hoe"er "oluntarily causes or attempts to cause any person to do anything,which that person is not legally bound to do so, or to omit to do anything which he is legallyentitled to do, by inducing or attempting to induce that person to belie"e, that he or any person in


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in /elhi set fire on road side during night and get their body warm. ne night he came out of hishotel and as!ed two labourers to cut down a dry tree in Pandara oad and when they agreed he

paid them s 178 for cutting down the tree. *hey cut and made the log into small pieces and theforeigner along with the tree cutters set fire and got their body warm. 'fter some time the PolicePatrol car watched it and arrested the foreigner and two labourers on the spot. *he foreigner

pleaded that the tree was dry and he did not !now the cutting of tree from road side is an offencein +ndia.

/ecision

a. *he foreigner shall not be responsible for the offence because he himself has not cut butthrough the +ndian people.

b. *he foreigner shall be punished because in +ndia cutting of tree from road side is an offence.c. *he pretence that he does not !now such act is an offence is not an e cuse to a foreigner also.

d. Both b and c

16. egal Principle *he contract can be enforceable only when it is based on the contractualobligations.

%actual $ituation Pra!ash hailing from Gerala 0oined a firm in /elhi. (e ga"e his new blac!coat for dry cleaning. *he dry cleaner ga"e him a receipt on which it was mentioned H ead termso"erleafI. 'll the terms were written in (indi. ne of the terms was that if clothes were lost ordamaged, dry cleaners would be compensating only to the e tent of 78 J of its mar!et "alue.Knfortunately, Pra!ashLs coat was lost. Pra!ash demanded the entire money and he argued that

he did not !now (indi and therefore he couldn-t read the terms.

/ecision

a. Pra!ash will succeed only for 78 J of the mar!et "alue of the coat, because it is not theresponsibility of dry cleaner to ma!e Pra!ash read (indi "ersion of terms and condition.

b. Pra!ash will succeed for 188J because the dry cleaner has to ma!e him read for language ofterms and condition.c. Pra!ash will not succeed for any claim.d. Pra!ash will not succeed for 78 J of the mar!et "alue of the coat.1?. Principle: +f a person brings a potentially dangerous thing on his land, and if such thingescapes and does damage, then such person should be responsible, e"en if he was not negligent.

%acts: $udeep, a wildlife scientist maintains a herd of antelopes on a "ast tract of land in order tostudy their beha"iour. ne night, fi"e electricity poles 0ust outside the plot fall on the fencesurrounding the plot and a stretch of fencing gi"es way. 'ntelopes from the plot of land escape tothe nearby field and damage the crops. %armers sue $udeep for the damage caused to their crops.


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a. $udeep is liable to compensate the farmers b. $udeep is not negligent so he is not liable to compensate the farmersc. %armers should sue the electricity department and not $udeep.d. $udeep can reco"er compensation from the >lectricity /epartment.

1 . egal Principle: ' contract entered into by a minor, who is less than 1? years of age, is a "oidcontract and cannot be enforced against the minor in law e cept for the contract entered by theminors for his necessities.

%acts: ', a minor enters into the contract with a boo! seller. *he boo! seller supplied the school boo!s and stationery as required by

'. 'fter recei"ing the boo!s and stationery, ' refuses to pay the boo! seller on the ground that heis a minor, and as suchthe contract with the boo! seller is not enforceable.

a. Boo! seller cannot enforce the contract as L'- is a minor, but can compel ' to return the boo!s.

b. Boo! seller can enforce the contract e"en against the minor as the contract was for hisnecessities

c. Boo! seller can enforce the contract after L'- becomes a ma0or

d. >"en after ' becomes a ma0or, this contract cannot be enforced by the boo! seller 28. egal Principle )illful rash dri"ing is an offence.

%actual $ituation ' was dri"ing his car after consuming liquor. *he police boo!s him on willfulnegligent dri"ing. )hether the act of police is lawful.

/ecision

a. No, because the ' was not dri"ing rashly and willfully, but he was dri"ing in drun!enness.

b. No, because this is not negligence act.c. Mes, because ' was dri"ing rashly.d. Mes, because the police has power to arrest while dri"ing rashly.

21. egal Principle ' master will be liable for the wrongful acts of his ser"ants in course ofemployment.


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%actual $ituation 5aria was an old widow who opened an account with the +ndian "erseasBan!, whereby she would deposit s.7 e"ery day in the ban!. $tephen was a neighbor who usedto collect the amount and deposit them in the ban!. $tephen would get a small commission fromthe ban! for the money deposited. ne day it was disco"ered that $tephen who had not depositedthe money for more than three months, had "anished with the amount. 5aria filed a suit againstthe + B.

/ecision

a. + B would not be liable because $tephen was not an employee of the ban!. b. + B would not be liable for the failure of 5aria to chec! the balance in her account.c. + B would be liable because $tephen was paid commission by the ban! for doing its wor!.d. None of the abo"e.

22. egal Principle nce the acceptance is made a contract becomes enforceable.

%actual $ituation C goes to a site of fur. com which is engaged in selling of furniture. (e browsed through the catalogue of furniture and wanted to clic! on a boo!shelf requiring furtherinformation and price. (e e amined all the information and the price is one thousand on whichhe clic!ed 9yes9. But at that time ser"er was down and the massage could not pass it bounced

bac! . But C did not notice. C insists on getting the furniture from furn.com but the shop hadalready sold it to M.

/ecision

a. No, because in normal case of contract the acceptance must be communicated. b. No because the shop!eeper has not tal!ed face to face.c. Mes, because C has sent his acceptance.d. None of the abo"e.

23. Principles:

1. *he owner of a land has absolute interest on the property including the contents o"er and

under the property.

2. )ater flowing below your land is not yours though you can use it.

3. 'ny construction on your land belongs to you.

4. 'll mineral resources below the land belong to the $tate.


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%acts: *here is a subterranean water flow under /inesh-s land surface. /inesh constructed a hugereser"oir and drew all subterranean water to a reser"oir. 's a result, the wells of all ad0acent

property owners ha"e gone dry. *hey demanded that /inesh must share the reser"oir water withthem.

1. /inesh-s reser"oir can be ta!en o"er by the go"ernment since the water belongs to the$tate.

2. /inesh has to brea! the reser"oir since water cannot be captured by one person for hisown personal use.

3. /inesh need not brea! the reser"oir since any construction that he has made on the land belongs to him

4. /inesh should brea! the reser"oir but his neighbours ha"e to compensate him for the lossthat he has sustained from brea!ing the reser"oir.

2 . )hat does the abbre"iation P *' means

aA Pre"ention of *errorism 'ctbA Pre"ention of *errorists 'ctcA Punishment of *errorists 'ctdA None of these.

27. egal Principle Preparation to commit an offence is not an offence. 'fter ma!ing the preparation any act done towards committing the offence with intention to commit it, is anattempt to commit the offence, which is by itself an offence.

%actual $ituation &ai wants to !ill #eeru. (e buys a gun and cartridges for committing themurder. (e then sets out searching for #eeru and when he sees #eeru, he loads his gun and ta!esaim at him and pulls the trigger. *he gun did not fire.

/ecision

a. &ai is guilty of attempt to murder #eeru from the time he sets out in search of the latter. b. &ai is guilty of attempt to murder from the time he loads the gun.c. &ai is guilty of attempt to murder from the moment he ta!es aim at "eeru.d. &ai is not guilty.

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legal reasoning 3