Q. 1. LEGAL PRINCIPLE: False imprisonment is the confinement of a person without just cause or excuse. There must be a total restraint of the person and the onus of proving reasonable cause is on the defendant.
FACTUAL SITUATION: A entered in B’s park where there was an artificial lake for the boating. A paid Rs.100 for entering the park and had to pay Rs.100 at the time of exit. A waited for 30 minutes but no boat was available. A came out, however, denied to pay Rs.100 for exit; B did not allow A to leave the park unless he paid Rs.100 for exit. A sued B for false imprisonment.
a) B is guilty of false imprisonment
b) B is not guilty of false imprisonment
c) A can lawfully refuse to pay Rs. 100 when no boat was available
d) A can ask for even Rs.100 given for entering the park as B’s services are deficient in the park and can sue B for false imprisonment.
2. LEGAL PRINCIPLES: In a suit for malicious prosecution, the plaintiff must prove the following essentials:
(i) That he was prosecuted by the defendant.
(ii) That the proceeding complained was terminated in favour of the present plaintiff.
(iii) That the prosecution was instituted against him without any just or reasonable cause.
(iv) That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention which was wrongful in fact.
(v) That he suffered damage to his reputation or to the safety of person, or to security of his property.
FACTUAL SITUATION: A recovered a large sum of money from Railway Co. for personal injuries. Subsequently, Railway Co. came to know that injuries were not real and were created by doctor B. Railway Co. prosecuted B for playing fraud on the company, but B was acquitted. B sued Railway Co. for malicious prosecution.
(a) Railway Co. is guilty of malicious prosecution because it acted without reasonable cause.
(b) Railway Co. is not guilty of malicious prosecution because the Co. took reasonable care in determining the facts and honestly believed them to be true.
(c) Railway Co. is liable because it acted negligently.
(d) None of the above.
The answers are: 1. (b); 2. (b).
- A one-rupee coin is placed on a plain paper. How many coins of the same size can be placed around it so that each one touches the central and adjacent coins?
- Steel is to Bokaro as Hosiery is to……….
- AFHO : GBDJ : : CHFM : ?
- Choose the odd one out.
The answers are: 1. (d); 2. (d); 3 (d); 4. (a);
If highways were restricted to cars and only those trucks with capacity of less than 8 tons, most of the truck traffic would be forced to run outside highways. Such a reduction in the amount of truck traffic would reduce the risk of collisions on highways.
Which of the following, if true, would most strengthen the conclusion drawn in the second sentence?
(a) Highways are experiencing overcrowded traffic mainly because of sharp increases in car traffic.
(a) Many drivers of trucks would rather buy trucks with a capacity of less than 8 tons than be excluded from highways.
(a) The number of collisions that occur near highways has reduced in recent years.
(a) Trucks that have a capacity of more than 8 tons cause a disproportionately large number of collisions on highways.
The answer is (d).