Tort (AILET Legal-Aptitude): Questions 15 - 16 of 29
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Question number: 15
Appeared in Year: 2015
LEGAL PRINCIPLE: Nobody shall unlawfully interfere with a person’s use or enjoyment of land, or some right over, or in connection with it. The use or enjoyment, envisaged herein, should be normal and reasonable taking into account surrounding situation.
FACTUAL SITUATION: Jogi and Prakash were neighbors in a residential locality. Prakash started a typing class in a part of his house and his typing sound disturbed Jogi who could not put up with any kind of continuous noise. He filed a suit against Prakash.
Prakash is liable, because as a neighbor, he should have realized Jogi’s delicate nature.
Prakash is not liable, because typing sound did not disturb anyone else other than Jogi.
Prakash is liable, because he should not have started typing class in his house.
|d.||None of the above|
Question number: 16
Appeared in Year: 2013
LEGAL PRINCIPLE: Master/Principal is vicariously liable for the tort committed by a servant/agent, in the performance of his duties as a servant/agent.
FACTUAL SITUATION: The plaintiff a bullion merchant was arrested by the police on a charge of purchasing stolen goods. Some of the gold and silver ornaments were seized from the plaintiff and were kept in the police station custody. The duty constable appropriated the gold ornaments and escaped to a foreign country. The plaintiff after being acquitted brought an action against the State for the compensation. In this case, compensation is
Not payable as the act was committed in discharge of sovereign function
Payable as there is misappropriation by the servants of the State
Payable by the police constable himself and not by the State
Payable due to the fact that police constable has escaped to a foreign country