Legal IQ

legal IQ

Q 1 to 3: Choose the most appropriate answer:
1. Principle: There is a legal principle that he who does an act through another is deemed to do it himself. However, the State is not liable for the acts of its servants when the act is done in the exercise of sovereign functions or acts of state.
Factual Situation: The opposition parties in a State in India organized a Raj Bhavan march against the policies of the ruling party. The Police stopped the rally at a point, one kilo metre from the Raj Bhavan gate. The opposition members were shouting slogans against the Government and were in a mood to break the barricade raised by the police. At this point a police driver drove a police van towards the mob, in a rash manner to frighten the party members. Some of the men of the rally got severely injured in this process.
(a) The State is liable as the police driver’s act cannot be deemed to be an act of state.
(b) The State is not liable as the police driver’s act can be deemed to be an act of state.
(c) The State is liable as the police was preventing the opposition members from reaching the Raj Bhavan.
(d) The State is not liable as the police driver’s act is a sovereign act.

2. Principle: Whoever brings some dangerous thing into his premises and keeps it in his custody will be liable for any loss occurring to others due to the escape of the said dangerous thing.
Factual Situation: P, a manufacturer of carbonated drinks, brings five cylinders of carbon dioxide into his factory. In the night when the factory was closed, the rack on which the cylinders were stored collapsed due to some manufacturing defect. The cylinders fell down and exploded. As a result of the explosion, P’s factory wall collapsed and a neighbouring paint factory caught fire due to the presence of some chemicals in that factory. R, the paint factory owner wants to sue P for compensation for the loss he incurred.
(a) R will not succeed as P did not do anything to injure R.
(b) R will succeed as P is responsible for all the deeds in his premises
(c) R will not succeed because carbon dioxide is not such a dangerous thing to cause damage to others.
(d) R will succeed only if he files a suit against the manufacturers of the defective rack which was the root cause of his loss.

3. Principle: An occupier of a premises owes a duty of care to all his invitees and visitors.
Factual Situation: P was the owner of a big plot with a bungalow surrounded with a compound wall. He was constructing a lotus pond by the side of the drive way. Since the work was in progress, the contractor used to cover the pond with bamboos and gunny bags. One day the local postman who came to the bungalow to deliver a letter fell into the pond. The postman filed a suit for compensation against R
(a) P is not liable as he did not do anything to injure the postman.
(b) P is not liable as he did not invite the postman into his premises.
(c) P is liable as the postman came to his premises in the course of his duty.
(d) P is liable as the contractors men negligently covered an area under construction with gunny bags.

Answers: 1. (d), 2. (c), 3. (b), 4.(d)

The answers are suggestive. Kindly verify from the basic documents and recommended text book in case of doubts.

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