CLAT 2015

PRINCIPLE: whoever is intending to take dishonestly any movable property out of the possession of any person without that person’s consent moves that property, such taking is
said to commit theft.
FACT: Ramu cuts down a tree on Rinku’s ground, with the intention of dishonestly taking the tree out of Rinku’s possession without Rinku’s consent. A could not take the tree away.

PRINCIPLE: injuria sine damnum i.e. injury without damage.
FACT: Sonu who was a returning office at a polling booth, wrongly refused to register a duly tendered vote of Monu, though he was a qualified voter. The candidate, whom Monu sought to
vote, was declared elected.

PRINCIPLE: A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.
FACT: Mr. X who is usually of sound mind but occasionally of unsound mind enters into a contract with Mr. Y when he is of unsound mind. Y came to know about this fact afterwards and
now wants to file a suit against.

PRINCIPLE: when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.
FACT: Ramanuj telegrammed to the shyamsunder, writing “will you sell me your Rolls Royce Car? Telegram the lowest cast price”. Shyamsunder replied, too by telegram “lowest price for car
is Rs. 20 lacs”. Ramanuj immediately sends his consent through telegraph stating, ‘I agree to buy the car for Rs. 20 lacks asked by you. Now shyamsunder refused to sell the car. .

PRINCIPLE: A master is liable for the acts committed by his servant in the course of employment.
FACT: Sanjay is a driver working in Brooke bond and co. One day the manager asked him to drop a customer at the airport and get back at the earliest. On his way back from the airport, he
happened to see his fiancé Ruhina is waiting for a bus to go home. He offered to drop her at home, which happened to be close to his office. She got into the car and soon thereafter the car
somersaulted due to the negligence of sanjay. Ruhina was thrown out of the car and suffered multiple injuries. She seeks compensation from Broke bond co.

PRINCIPLE: Nuisance as a tort (civil wrong) means an unlawful interference with a person’s use or enjoyment of land, or some right over, or in connection with it.
FACT: During the scarcity of onions, long queues were made outside the defendant’s shop who having a license to sell fruits and vegetables used to sell only 1 kg of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendant.

PRINCIPLE: Nothing is offence which is done by a person who at the time of doing it, by reason of unsoundness of mind is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary of law.
FACT: A takes his son B who is three years old, for a bath to the well. He throws his son inside the well so that he could have a good bath, After 10 minutes he also jumped in the well to take a bath and take his son out of the well. Both were rescued by the villagers but his son was found dead.

PRINCIPLE: Ignorantia juris non excusat and ingnorantia facit excusat.
FACT: George was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the airport at Bombay on 28th Nov. 1962 it was found on search that George carried 34kgs of
gold bars in person and that he had not declared it in the ‘manifest for transit’. On 26th Nov. 1962 Government of India issued a notification and modified its earlier exemption and now it is necessary that, the gold must be declared in the ‘manifest ‘of the aircraft.

PRINCIPLE: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor. The neighbor for this purpose is any person whom he should have in his mind as likely to be affected by his act.
FACT: Krishnan while driving a car at high speed in a crowded road knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi a pregnant women
passing by suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.

PRINCIPLE: Preparation is not an offence except the preparation of some special offences.
FACT: Ramesh keeps poisoned halua in his house, wishing to kill Binoy whom he invited to a party and to whom he wishes to give it. Unknown to Ramesh, his only son takes the halua and
dies. In this case