1. Legal Principle-. A person, intentionally causing harm to others, is liable for battery.

A person is said to have intended the harm, in so far as he brings about the harm purposefully or knowingly. Factual ituation-A teacher suffering from arthritis problem was moving around the classroom in the course of teaching, As she was moving backwards to reach her chair, a student saw a scorpion moving underneath the chair and immediately rushed to attack the scorpion and in that process moved the chair. !eanwhile, the teacher fell down in the process of taking her seat and broke her hips. A suit was filed against the student for battery. a" #he student is not liable, since he wanted to save the teacher and others from the scorpion. b" #he student is liable, since he knew that the teacher would be taking the seat. c" #he student should be held additionally liable for the lack of attention to the teaching. $. Legal Principle- A person is liable for the harm caused by his activity only to the e%tent he could have foreseen the damage. &aran was in a hurry to get into the train about to move. #here was tremendous rush in the railway station. 'n the process of gaining entry, he accidently pushed another passenger, carrying a load on his head. #he other passenger fell down and sharp instruments, contained in his head load fell out and in(ured several people. A suit was filed against &aran seeking compensation for the in(ury caused to the people. a" &aran is not liable, since he did not intend to push the passenger. b" &aran is not liable, since he could not have foreseen such a bloody conse)uence, out of his struggle to gain entry into the train. c" &aran is liable, because he ought to have foreseen the passengers, carrying various kinds of luggage with them. *. Legal Principle+ An offer need not be made to a specified person. Facts+ A company advertised to pay ,s.$--- to any one who contracts fever , even after using their new medicine. !iss . used the medicine according mentioned directions. /ven after consuming medicine according to mentioned direction she suffers from fever. ,s.$--- were paid to miss .. #hereafter A, who as suffering from fever even after using the tablets approached the company claiming the reward. 0a" . is also entitled to the reward. 0b" . is not entitled to reward, since contract is already performed, 0c". is not entitled to reward, since 1 had already accepted the offer.

2. Principle+ An act of 3od is an event that directly and e%clusively results from the occurrence of natural causes that could not have been prevented by the e%ercise of foresight or caution4 an inevitable accident. Fact+ 1 had created an artificial lake on his land by damming some natural streams. 5nce there was an extraordinary heavy rainfall, heaviest in history of that area. 6ue to rainfall the embankments of the lake gave way. #he rush washed away four bridges belonging to the plaintiff. Plaintiff claimed damages. 0a"6efendants were liable. 0b"6efendants were not liable. 0c"6efendants were partly liable. 7. Principle+ #he law permits use of reasonable force to protect one8s person and property and calls it 9private defence8. 'f the defendants use the force which is necessary for self defence, he will not be liable for the harm caused thereby. Fact+ . sneaked in into house of !r. 1 with the motive of theft. !r 1 somehow managed to notice presence of . in his house. :e challenged . to leave his house immediately. . got scared and started to leave. /ven then !r 1 brought his licensed gun and shot . below his waist. . claimed damages. 0a" !r.1 is not liable as . was trespasser on his land. 0b" !r.1 is liable because the force used was more than necessary. 0c" !r.1 is not liable as . was trying to steal property of !r.1 ;. 1. Principle+ An employer is not liable for actions of employee which are not under the scope of employment. Fact+ !r. A gave some cash to his friend <, who was a clerk in the defendant bank, for being deposited in his account. =o proper receipt for deposit was obtained. < was not authori>ed for this function and he also misappropriated the amount. !r. A seeks compensation from bank. 0a"A8s claim for compensation will succeed. 0b"A8s claim for compensation will fail. 0c"A8s claim may or may not succeed ;. Principle+ A person owes a duty of care to everybody who is likely to be affected by his act. Fact+ ,anga owns a condiment store selling both branded and non branded bakery products. A customer bought a pack of buns produced by !odern ?read Factory. A bun in the pack contained a stone and while eating that bun, the stone hurt the customer8s tooth. :e filed a suit against ,anga. 0a",anga owed a duty of care to all his regular customers, and hence he is liable. 0b",anga did not owe a duty of care on behalf of !odern ?reads and hence is not liable. 0c"'t is for the customer to take care of himself in whatever he is doing.

@. Principle+ A person, intentionally causing harm to others, is liable for battery. A person is said to have intended the harm, in so far as he brings about the harm purposefully or knowingly. Fact+ A teacher suffering from arthritis problem was moving around the classroom in the course of teaching, As she was moving backwards to reach her chair, a student saw a scorpion moving underneath the chair and immediately rushed to attack the scorpion and in that process moved the chair. !eanwhile, the teacher fell down in the process of taking her seat and broke her hips. A suit was filed against the student for battery. 0a" #he student is not liable, since he wanted to save the teacher and others from the scorpion. 0b"#he student is liable, since he knew that the teacher would be taking the seat. 0c"#he student should be held additionally liable for the lack of attention to the teaching. A. Principle+ Bausing nuisance means unreasonable interfering with a person8s rights over his property. Facts+ 9A8 sets up a condiments store occupying the entire width of a stretch of footpath beside the boundary wall of 3okul :ousing ociety 03: ". 9?8, a resident of 93: 8, sues 9A8 for nuisance. 0a" 9A8 is liable for public nuisance 0b" 9A8 is not liable for nuisance 0c" 9A8 is not entitled to carry on a trade of his choice 0d" 9A8 is not liable to 3: but to ? 1-. Principle+ 'n order for one to establish that there has been an act of negligence, it must be shown by the plaintiff that the defendant owed the plaintiff a legal duty of care. Facts+ 1 Bo. supplies the concentrate of a beverage known as 9#ropical8 to . Bo. #he latter dilutes the concentrate, bottles the same and supplies these bottles to distributors. < falls ill on consuming a bottle of 9#ropical8 and it is later discovered that the bottle contains traces of /ndosulfan, a to%ic chemical. < plans to sue 1 Bo. 0a" 1 owed a duty of care to < 0b" < ought to have sued . since . had control over )uality 0c" 1 and . are (ointly liable to compensate < 0d" 1 owes a duty of care to . not < 11. 1. Principle- 6amages cannot be claimed against a risk to which consent has been given. #he principle does not apply to rescue cases. Facts- ,aghav and hantanu bought tickets to have a ringside view of a football match. 6uring the course of the game a hard kick from one of the players caused the ball to hit ,aghav on his nose, causing bleeding. After half time the organi>ers allowed entry of more spectators than the seating capacity of stadium. 'n the stampede hashank and 3aurav , who were watching the match since the beginning got in(ured.

Five minutes before close of play, a part of the stadium roof broke loose. hantanu rushed to save children sitting beneath the roof and in the process in(ured himself. 6ecisiona. ,aghav shall not be able to recover damages as he consented to the risk of the flying ball b. ,aghav shall be able to recover damages as the orgainsers failed to take the precautions against the flying ball c. ,aghav shall be able to recover damages as he consented to watch the game, not to be in(ured in it d. ,aghav shall not be able to recover damages as by purchasing a ringside seat in a football game, he consented to all attendant risks of such watching 1$. Principle- ame as above Facts- ame as above 6ecisiona. hashank and 3aurav will not be liable to recover damages as pushing and shoving is an implicit risk of watching games live b. hashank and 3aurav will not be able to recover damages as they consented to the risks of a packed stadium c. hashank and 3aurav will be able to recover damages as the organi>ers failed in their duty and they never consented to the risk of a stadium packed at more than capacity d. hashank and 3aurav will not be able to recover damages as the additional spectators gate crashed into the stadium 1*. Principle- ame as above Facts- ame as above 6ecisiona. hantanu will not be able to recover damages as he voluntarily rushed to rescue the children b. hantanu will be able to recover damages as he was rescuing the children from certain danger c. hantanu will be able to recover damages as the safety of the children was not his responsibility d. hantanu will not be able to recover damages as the broken roof piece may or may not have in(ured the children 12. Principle-Chen a person consents to the infliction of some harm upon himself he has no remedy for that. Facts- A motor car race was held at disco land on a track owned by Dohn. 6uring the race, there was a collision between two cars, one of which was thrown among the spectators, thereby in(uring imon. imon sues Dohn to claim damages for in(uries suffered by him. 6 pleads that

such accidents occurring in car races are inherent and foreseeable and spectators implicitly takes the risk of such in(ury. 6ecisiona. Dohn is liable for damages b. imon8s consent is obtained by fraud c. Dohn is not liable d. =one of these 17. Principle- EFolenti non fit in(uriaG is a well established legal principle, means that a person has no legal remedy for the in(ury caused by an act to which he has consented. Facts- An old lady was walking in a narrower one-way lane in the opposite direction. 't was night time and there was no street lighting. A car moving in right direction but without headlights knocked her down since the driver could not see her. he filed a suit against the driver. 6ecisiona. he would lose, because she violated the traffic rules in the first instance b. he would lose, because she voluntarily e%posed herself to the risk c. #he driver would lose, because he drove without proper headlights d. =one of these H.1" Principle- Preparation is not an offence e%cept the preparation if some special offences. Facts- ,ameshwar keeps poisoned halwa in his house , wishing to kill ?i(oy whom he invited to a party and to whom he wished to give it. Inknown to ,ameshwar , his only son takes the halwa and dies. 'n this case 6ecision+ 0a" ,ameshwar is liable for the murder. 0b" :e is not liable for the murder since it is the preparation alone. 0c" :e is liable for culpable homicide. 0d" :e is liable for culpable homicide not amounting to murder. Answer+ 0b" /%planation+ ,ameshwar did preparation to kill ?i(oy. :e did not act further in pursuance of fulfilment of his motives. Although he had malafide intentions but his intentions were limited to preparations only and not e%ecution and hence he cannot be held liable for murder. 'n this case answer will not be 0d" for the same reason. :is halwa contained poison but it was not deliberately kept to kill his own son. H.$" Principle- /very member of unlawful assembly is guilty of offence committed in prosecution of common ob(ect. Facts- ,aman, along with eight others went to a nearby village to beat some of his enemies. 'n this fight ,aman was in(ured. #he members of the opposite party ran away. #hereafter ,aman8s friends followed the opponents and killed one of them. 6ecision+ 0A" ,aman and his companions are liable to be punished for the murder.

0?" 5nly ,aman is, others are liable for minor offences only. 0B" =o one is liable since they e%ercised the private defence. 06" ,aman is not liable for he was not involved in the killing of the opponent. Answer+ 0A" /%planation+ ,aman and all his companions are liable because of two reasons. First, it was an unlawful assembly and with a common ob(ect of beating their enemies. econd, the murder was an act of one person who was also part of the unlawful assembly in pursuance of a common ob(ective. /ven though it was not prime agenda to kill the opponent but he got killed in fulfilment of common ob(ective only and hence all the members of that unlawful assemble are liable of murder. H.*" Principle- Choever intentionally puts any person in fear of any in(ury to that person, or to any other person, and thereby dishonestly induces the person so put in fear to deliver to any property or valuable security , or anything signed or sealed which may be converted into a valuable security commits 9e%tortion8. Facts- ,a(an threatens to publish defamatory libel concerning 6awood unless 6awood gives ,s 7 Brore to him. ,a(an induces 6awood to give money. 6ecision0A" ,a(an is guilty of defamation. 0?" ,a(an is guilty of e%tortion. 0B" ,a(an is not guilty as it is preparation only. 06" ,a(an is not guilty as he e%torting money from a dreaded criminal. Answer+ 0?" /%planation+ ,a(an is guilty of e%tortion, for ,he induced 6awood to pay him money by putting 6awood under fear . ,a(an will not be guilty for defamation here because not enough information has been provided so as to one can reach any decision regarding defamation. 5ption 0B" will fail to be an answer because the act has already been done in terms of calling 6awood and putting him under fear and an%iety. 'f one thinks 06" is an answer, he needs to read article 12 of 'ndian Bonstitution. H.2" Principle+ =othing which is intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause , to any person for whose benefit it is done in good faith, and who has given a consent , whether e%pressed or implied , to suffer that harm, or to take the risk of that harm. Facts- A fake doctor operated on a man, with his consent, for internal piles by cutting them out with an ordinary knife. #he man died of haemorrhage. 6ecision0A" 6octor is guilty of murder. 0?" 6octor is not guilty of any offence.

0B" 6octor is guilty of culpable homicide not amounting to murder. 06" 6octor was a fake one. :e must be tried for fraud as the man relied on the truth of the representation by 6octor. Answer+ 0B" /%planation+ 6octor is not guilty of murder for the principle of mens rea is not established with given facts. 6octor is guilty of culpable homicide not amounting for murder as he is responsible for death of a person because of his failure to take reasonable care and the principle of mens rea is not established. 5ption 06" does not hold ground as it is not in compliance with the principle laid down for the problem. $-" Principle+ Agreement between two or more parties that creates for each party a duty to do something 0e.g., to provide service of a life guard" or a duty not to do something. A partyJs failure to honour a contract allows the other party or parties to bring an action for damages in a court of law. 't is contractual duty of the parties to agreement to fulfil the contractual obligations. Parties can8t be sued for failure of assumption of voluntary responsibilities arousing out of special conditions. Facts-Abhinav is a lifeguard at a swimming pool. Chilst working by the poolside, Abhinav notices a girl drowning. :e decides not to (ump in because he doesnJt want to get wet. #he girl dies. Inder which of the following categories might the law impose a duty on Abhinav to actK 6ecision0a" Bontractual duty 0b" pecial relationship 0c" Foluntary assumption of responsibility 0d" 6uty to avert a danger created 1. Principle+ Bontractual liability is completely in elevant to the e%istence of liability in tort 0civil wrong". Facts+ 1 purchased a bottle of ginger-beer from a retailer. As she consumed more than *L2 of the contents of the bottle, she found a decomposed remains of a snail in the bottle. After seeing the remains of a snail, she fell sick on the thought of what she consumed. he sued the manufacturer of the beer for negligence, though there is no contractual duty on the part of the manufacturer. 0a" 1 cannot sue the manufacturer for negligence in the absence of a contract 0b" 1 can sue the retailer from whom she purchased the beer 0c" 1 cannot sue the retailer 0d" 1 can sue the manufacturer as he had a duty to take care to see that bottles did not contain any other substance than the beer and hence liable to have broken that duty. $. Principle+ Any person who has received any un(ust benefit, he L she must return it to the rightful owner. Facts+ A and ? were staying in the same hostel room. ?Js father had sent a parcel to him on his birthday containing e%pensive gifts. #his parcel was delivered to A as ? had gone out for a movie. 0a" A can retain the parcel without informing ?

0b" A can keep some gifts from the parcel and return the rest to ? 0c" A has to return the entire contents of the parcel to ? 0d" A can inform ? about the parcel and need not return the parcel to ? *. Principle+ A man must not make such use of his property as unreasonably and unnecessarily to cause inconvenience to his neighbours. Facts+ !r.< is the owner of a plot measuring 7- feet by @- feet. :e constructed a small house at one corner and was using the rest of the land as a cow shed. :e had $- cows and is involved in selling the milk to the public. #he cow dung and other wastes were openly stored in a small 1feet by @ feet tank. #his constantly paved way for bad smell and breeding of mos)uitoes. !rs. ., his neighbour constantly complained to !r. < but in vain. 0a" . cannot take any other action against < 0b" < can do something to prevent the foul smell 0c" . can complain to the police 0d" . can sue < for damages based on the inconvenience caused by < 2. Principle+ pecial damage is the loss of some material advantage, pecuniary or capable of being estimated in money which flows directly and in the ordinary course of things from the act of the person who is responsible. Facts+ ,a(u has been sending his #ourist cars for repairs, maintenance and service to Lakshmi ervice Bentre, who promptly attended to all the works during the past five years. :owever, when ,a(u sent a new umo van for servicing and minor repair, he indicated to the !anager of Lakshmi ervice Bentre that the vehicle must be delivered, duly serviced, by 1-th August $--; at 7 P! as three foreign tourists had booked the vehicle for a period of * months. #he vehicle was not delivered as re)uired, but was delivered only on 1$th August $--;. ,a(u had lost the contract with the foreign tourist and a loss of revenue to the e%tent of ,s.*-,---. 0a" ,a(u can sue the Lakshmi ervice Bentre for damages including e%emplary or special damages to the e%tent of ,s.*-,---L0b" ,a(u can sue Lakshmi ervice Bentre only for ordinary damages for two days delay 0c" ,a(u cannot sue Lakshmi ervice Bentre for any damages 0d" ,a(u can sue the !anager of the ervice Benter for damages 7. Principle+ #he standard to determine whether a person has been guilty of negligence is the standard of care which, in the given circumstances, a reasonable man could have foreseen. Facts+ #he Agricultural Iniversity constructed $-- houses for its employees in its premises. #wo huge bore wells were sunk and motors were installed. #hey did not cover the pump rooms properly. A child, ; years old, from one of the )uarters was playing near the pumphouse. 5n hearing the noise of the pump, she was curious to see the motor. he touched the motor that was not covered properly and three of her fingers were cut.

0a" #he parents of the child cannot sue the Iniversity on any grounds 0b" 'nspite of the childJs act, her parents can successfully sue the Iniversity for damages 0c" #he Iniversity can be made liable only to the e%tent of the cost of treatment as the child also contributed to the incident 0d" 5nly the child can sue and not her parents A= C/, 1. 6 $. B *. 6 2. A 7. ?