Tort (CLAT Legal-Aptitude): Questions 44 - 45 of 82
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Question number: 44
Appeared in Year: 2013
PRINCIPLES: Damages are the money recompense, as far as money can do, for the violation of a right.
FACTS: A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voter’s list. A has also reported at the polling booth in time. However, the candidate in whose favor A would have cast his vote won the election. A filed a suit claiming damages.
A will be entitled to damages
A will not be entitled to damages
A will be entitled to exemplary damages
A will be entitled to only nominal damages
Question number: 45
Appeared in Year: 2015
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. ”FACT: Jeevan and Pavan were neighbors in a residential locality. Pavan started a typing class in a part of his house and his typing sound disturbed Jeevan who could not put up with any kind of continuous noise. He filed a suit against Pavan.
Pavan is liable, because as a neighbor, he should have realized Jeevan’s delicate nature
Pavan is not liable, because typing sound did not disturb anyone else other than Jeevan
Pavan is liable, because he should not have started typing class in his house
|d.||None of the above|