1. Principle: When a person interferes with peaceful possession of another person without the permission of the person in possession of those premises, commits trespass to land.
Facts: ‘T’ just walked over the land of ‘P’ to reach his house as it was a short cut. ‘P’ had displayed a notice that it is not a thoroughfare. ‘P’ did not cause any damage to the land.
(a) ‘T’ has violated privacy of ‘P’
(b) ‘T’ has not committed any trespass on the land of ‘P’.
(c) ‘T’ has committed trespass to land
(d) ‘T’ has created nuisance for ‘P’
2. Principle: Where one of the parties to a contract was in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate the decision of the other party.
Facts: A doctor asked his patient to make a payment of rupees Ten Lakh for treatment of his fever. The patient paid an amount of rupees Five Lakh and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.
(a) The contract is not enforceable as doctor was in dominating position.
(b) The contract is enforceable against the doctor.
(c) The contract is enforceable against the patient by the doctor.
(d) The contract is not enforceable without the consent of the patient.
3. Principle: An offer made by one party when accepted by another makes it a contract.
Transactions:
1. P offered to sell his house for
` 20 lakhs to R; R told P that he was interested to buy a house for 15 lakhs only.
2. C was looking for a house for not more than 25 lakhs; P informed C that his house was available for 20 lakhs.
3. K wanted to buy some old furniture; L told K that he would sell his furniture for ` 10,000.
4. R advertised to sell his old car for a price of ` Three lakhs; S found the advertisement and offered to buy it for ` 2 lakhs 50 thousand; R agrees to sell it to S.
Which among the above is actually a contract?
(a) Situation 3 only is a contract
(b) Situations 2 and 4 are contracts
(c) Situations 1 and 2 are contracts
(d) Situation 4 only is a contract.
4. Principle: According to section 2 of the Industrial Disputes Act, 1947, ‘Industrial dispute means any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person’.
Facts: The employees of D.K. Enterprises met the management and requested half a day leave to allow them to celebrate a lunar eclipse, which was going to happen two days later. The management refused the request.
Does this situation amount to an ‘industrial dispute’?
(a) No as declaring holidays is a prerogative of the employer. So no industrial dispute
(b) No as Lunar eclipse is unconnected with employment
(c) Yes, because there is some difference of opinion it would be an industrial dispute
(d) As the difference of opinion between the employees and employer is on declaration of holiday it amounts to an issue connected with employment or with the terms of employment and hence, an industrial dispute.
