| GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012: Necessity and Statutory Authority - legal reasoning questions Dec 7th 2012, 18:11 | GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012 | | The source for all engineering and legal education news in India | | | Necessity and Statutory Authority - legal reasoning questions Dec 7th 2012, 18:01 Today, we shall be concluding the general defences of Tort with Necessity and Statutory Authority. Necessity: An act causing damage, if done under necessity to prevent a greater evil is not actionable even though harm was caused intentionally. Throwing goods overboard a ship to lighten it for saving the ship or persons on board the ship is one such example. If the interference is not reasonably necessary, the defendant will be made liable. Q) Baba Ramdev is on a hunger strike and is assaulted by a co-worker who was trying to make him eat. a)The person is liable for battery b)Act of Necessity. He wanted to save Ramdev's life. Good defence. c)None of the above The defendant entered the plaintiffs land to prevent the spread of fire to the adjoining land over which the defendant's master had the shooting rights. a)The act was necessary (To save His Master's Hunt) Hence no liability b)The master is liable for the trespass of the defendant. c)The Servant is liable for trespass. d)both can be made liable Ramu Kaka entered into the plaintiff's premises in good faith to extinghuish the fire at which the firemen had already been working. a)Ramu kaka is liable for the act of trespass(His act was not necessary as the firemen were on it from before) b) He is not liable because he acted in good faith c)His master is liable d)both (b) and (c) After A's death A's brother discusses with the sister to scrap the jewellery and they both remove it from the room where she lay dead and took it to another room, thinking that to be a safer place. From there the jewellery was stolen. A's executors brought an action against A's brother and sister for trespass to jewellery. a)A's sister is liable for this act. b)The brother is liable because it was his idea. c)Both are liable since the act was not reasonably necessary d) No liability, done in good faith Statutory Authority: State as provided under Article 12 of the Constitution has four components: ( a ) The Government and Parliament of India- Government means any department or institution of department. Parliament shall consist of the President, the House of People and Council of States ( b ) The Government and Legislature of each State State Legislatures of each State consist of the Governor, Legislative Council and Legislative Assembly or any of them. ( c ) Local Authorities within the territory of India Authority means ( i ) Power to make rules, bye- laws, regulations, notifications and statutory orders. ( ii ) Power to enforce them. Local Authority means Municipal Boards, Panchayats, Body of Port Commissioners and others legally entitled to or entrusted by the government, municipal or local fund. ( d ) Other Authorities Authorities other than local authorities working ( i ) Within the territory of India or; ( ii ) Outside the territory of India. The damage resulting from an act, which the legislature authorizes or directs to be done, is not actionable even though it would otherwise be a Tort. When the act is done, under the authority of an Act, it is a complete defence and the injured party has no remedy except for claiming such compensation as may have been provided by the Statute. It is necessary that the act authorised by the legislature must be done carefully, and therefore, "an action does lie for doing that which the legislation had authorised, if it be done negligently." Q)Sparks from an engine of X's railway company, which had been authorised to run the railway, set fire on the Y's wood on the adjoining land. a)X had taken proper care to prevent the emission of sparks. Hence he can't be made liable. b)X was doing the work as provided under the Statue. No liability. c) Both (a) and (b) d) X is liable for causing damage to Y's wood. The value of Vikram's property has depreciated due to the constant noise, vibration and smoke caused by the running trains on a railway constructed under statutory powers. a)The railway company is liable for this act. b)Vikram has no remedy because this is an act of Statutory authority. c)none of the above The servants of a railway company negligently left trimmings os grass and hedges near a railway line. Sparks caused a fire. That fire went to the plaintiff's cottage nearby and the cottage was burnt. a)The servants are liable for being negligent b)No liability because it was an act under the statute. c)The railway authorities are liable for this act. d)No liability because the plaintiff should have built his cottage somewhere else. |  | | |  |  |
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