Tort (AILET Legal-Aptitude): Questions 21 - 22 of 29
Get 1 year subscription: Access detailed explanations (illustrated with images and videos) to 152 questions. Access all new questions we will add tracking exam-pattern and syllabus changes. View Sample Explanation or View Features.
Rs. 150.00 or
Question number: 21
Appeared in Year: 2013
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
P can claim compensation because D’s activity amounts to nuisance for P
D can claim compensation from P because P is trying to maliciously prosecute D
P cannot stop D because D is carrying on lawful business
D has fundamental right to carry on any kind of business
Question number: 22
Appeared in Year: 2014
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?
No, because he himself is guilty of theft. He is no longer an invitee or visitor.
Yes, because in Indian tradition, guests are like Gods.
No, because one has to be himself cautious about his safety.
Yes, because it is the occupiers’ duty to take care of its visitors,