AILET (All India Law Entrance Test) Legal-Aptitude: Questions 98 - 99 of 254

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Question 98

Appeared in Year: 2013

Question

MCQ▾

LEGAL PRINCIPLES: A private nuisance may consist of: 1) Any interference with a person՚s use or enjoyment of land. 2) The act of wrongfully causing or allowing the escape of deletes things into another person՚s land e. g. water, smoke, smell, etc.

FACTUAL SITUATION: D erected a brick grinding machine adjoining the premises of P, a medical practitioner. The dust from the machine polluted the atmosphere and caused inconvenience to P and his patients. Here

Choices

Choice (4)Response

a.

D has fundamental right to carry on any kind of business

b.

P cannot stop D because D is carrying on lawful business

c.

P can claim compensation because D՚s activity amounts to nuisance for P

d.

D can claim compensation from P because P is trying to maliciously prosecute D

Question 99

Appeared in Year: 2014

Question

MCQ▾

LEGAL PRINCIPLE: The occupier of a premise owes a duty of care to all his invitees and visitor.

FACTUAL SITUATION: Radhika՚s brother, Akash, had come to visit at her place. After seeing her wealth, Akash decided to commit theft that night. While he was trying to escape that night he got electrocuted by the wires which were fixed on the boundary walls. Akash plans to sue Radhika. Will his claim succeed?

Choices

Choice (4)Response

a.

No, because one has to be himself cautious about his safety.

b.

Yes, because in Indian tradition, guests are like Gods.

c.

No, because he himself is guilty of theft. He is no longer an invitee or visitor.

d.

Yes, because it is the occupiers՚ duty to take care of its visitors,

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