more legal Flashcards
law of torts evolved through
judicial prnouncements
tort has been derived through
tortum
tort means
a legal civil wrong
damnum sine injuria
damage without legal injury
maxim injuria sine damnum
legal injury without pvt damage
injuria sine damnum
violation of legal right
maxim alteram non leadere
to hurt nobody by word or deed
ubi jus ibi remedium
when there is a wrong, there is a remedy
liability of master and servant is
joint and several
respondent superiro
principle is liable for agents act
qui facit per alium facit per se
he who acts through another is deemed to do it himself
res ipsa loquitor is the rule of
evidence
2 or more persons can be made joint tortfeasor if they have
common design
case for tort of conspiracy
mogul vs mc gregor
damnum sine injuria case
gloucester grammar case
absolute liability case
rylands vs fletcher
injuria sine damnum case
ashby vs white
inevitable accident case
stanley vs powel
ex turpi causa non oritur actio
an action does not arise from an immoral cause
not a valid defence against a tort
scienti non fit injuria
if a hithicker dies due to drivers negligence
no suit for damages as volenti non fit injuria
knowledge of risk is not acceptance of risk
remember
salus populi suprema lex
welfare of people is the supreme law
act of god
micjolas vs marshland
absolute liability case
rylands vs fletcher
strict liability case
blackburn
nuisance are of how many kinds
public and pvt
pointing of loaded pistol is
assault
torts purely affecting moveable property
trespass to goods
a mere detention of goods without any wrong to plaintiff’s title
detinue
who propounded that it is a law of tort and not law of torts
winfield
pigeon hole theory propounded by
salmond
p standing on highway was injured by ball hit by b while playing cirkcet on his fielf
not nuisance
because its occasional nusiance
publisher is liable for anything published
it was known that a’s father was associated with criminal misappropriation. b says in th e presence of a “here comes the son of a very honest man”
case of defamation
whose viewpoint was negligence is culpable carelessness
salmond
in case 2 dogs of 2 owners are libale
the money wont get divided
each owner is liable for the whole amount
a gives some cash and cheques to v who was an embloyee of sbi, to deposit the same in that bank in the account of a. v misappropriated the money
bank not liable
because v was not acting in course of employement
who came up with the design for national flag
nehru
vande matram has been taken from which boom
anandmath
perosn not memeber of parliament can be appointed as minister by pres for max period of
6 months
ordinance expiry date
6 weeks
fundamental duties added through
42nd amend
british conceded the demand for partition of india under
mountabatten plan 1947
freedom to form association and unions
art 19 c
art 15 (1)
no discrimination on the basis of residence
rajya sabha can withold the monet bill for
14 days
budget is
annual financial statement
where a person has no choice but to sign on the dotted line
standardized contract
agreemnt caused by mutual mistake is void
false
if a priest induces a devotee to transfer all his property to him
voidable
nothing is an offence done by a chikd under the age of
7 years old
defination of contract under indian contract act 1872
sec 2 (h)
consensus ad idem
meeting of mind
in case of conflict of jurisdiction the indence of contract will be governed by the law of place where
the contract was made
sequence of contract
offer
acceptance
consideration
agreement
when goods are on display the offer comes from
the customer
competancy of parties to contract is under
sec 10
incompetancy of parties to contract
sec 11
if a notice at the entrace of an autmatic car park is an offer, it can be accepted by
driving in
the most authetic mode of transport when no mode is specified
letter
mohiri bibi case
contract with minor is void
even if a minor acts fraudulantly
no estoppel against him
contract without free consenr
voidable
husband and wife
parents aand child
fiduciary relationship
a. person is said tobe in distress if his mental capicty is
temprarily or permanently affected
crime is a
public wrong
draft of ipc was prepared by
lord macaulay
main igredients of crime
mens rea and actus rea
actus rea means
volunatry and involuntary wrong action
actus non facit reum
no crime without a guilty mind
mens rea is essential in
all
strict absolute public nuisance etc
4 stages of crome
intention
preparation
action
result
a woman tried to commit suicide by running towards the edge of a well
she was stopped before reaching the well
no offence committed
a purchased a stamp in the name of b whose name he wanted to forge
forgery
x with intention to kill y enters y’s room but he was absent
offence of trespass
legal insanity is
total loss of cognitive faculties
a intendingt o kill b mixes poison in his drink and passes on the drink to bartender to deliever it to b
howere bartendeer loses balance and spills the drink
offence of attempt to murder
x with intention to steal from y’s bag opens the bag but finds it empty
offence of attempt to commit theft
a person shooting a person in the jungle by accident
no offence as its pure accident
a drunken person enters the else’s house believing it to be his own and beats the inmate for the same
offence of trespass and assualt
a drunk person kills somebody
cuplable homiciode
homicide is killing a person
lawfully or unlawfylly
a instigates b an insane person to give poison to c but b consumes it himself
a guilty of abbetment to murder
x and y agree to commit theft but no theft was committed
criminal conspiracy
a doc administered a preg woman with a harmful chemical which caused the baby in her womb to die
offence of causing miscarriage
a gave poison to b but instead c consumed the poison
a is guilty of murder
a and b decided to commit suicide
first a killed b but couldnt kill himself
culpabale homicide not ammounting to murder
cuplable homicide is not murder if the accused is deprived of self control by grave and sudden provocation by
the deseased
whoever cases bodily pain dieases or injury to any person is said to cause
hurt
fracture or dislocation of a tooth is
grievous hurt
a was entrusted with some gold by b
but a ran away with the gold
offence of criminal breach of trust
robbery is an aggrevated form of
theft
for extortion to become robbery
presence of offender before the person put in fear of injury is important
decoity
5 or more persons
when a person makes no effort to find the real owner and converst the property into his own
criminal misappropriation
for abduction the abducted person can be
major or minor
foregry is offence related to
docs
defamation is a tort or crim
both
within how many days a person must get info under rti act 2005
30 days
doli incapax
incapable of crime
pari passu
supremacy of law
union territories that have a legislature assembly and council of ministers
delhi puducherry and j&k
enemy property act inc which 2 countries
pak and china
the basic human rights in india are contained in
constitution of india
to study hard
swot
in mint condition
in new and perfect condition
a person who willingly aids or consents in an activity
accessory
a written statement under oath and isgned by the maker as a true statement
affidavit
unliquidated damabes
damages to be assessed by the court
statement by a victin as to the cause of his death
dying declaration
a political party can be registered as a national party after inter alia has secured at least
6% of the total votes
art for subordinated courts
art 235
in case of contributary negligence the accused can be absolved from complete liability
remeber
no liability in case of public mer perception
that case of aids
in case of protecting a farm from intruders
an ordinary dog will suffice instead of ferocious
even if the customer asks a cab driver to speed up
the company would be liable on behalf of the cab driver
an auction is just an invitation to contract
consideration
a price for any purpose
something of value in the eye of law
if there mistake of fact on part of both parties
void
j a usual customer of b order certain goods from b on the day on which b transferred the business to c.
j is not liable to pay to c as he had entered into a contract to pay for the goods purchased from b
a goes to jeweller pretending to b and buys a ring and then gives the ring to c
the cheque is dishonoured
c is not liable to return the ring
defence of non est factum is available to party who has committed mistake as to the
mistake as to nature of contract
non est factum
document executed in ignorance
an agreement to share benefit of public office
void
quantum meriut
as much as is earned
a enters into contract with b to pay 5000k if india wins the world cuo
contingent contract
a failure to perform contract at the agreed time when time is of essence of contract renders contract
voidable
first elction for lok sabha
1952
whi elects the lok sabha
members of lok sabha
a case of dispute in the presidential election is decoded by
supreme court
amendments can be initiated by
lok sabha and rajya sabha
how many methods of amendments
3
basic structure is a creation of
judiciary
who appoints cag
pres
who appoints attorney gen of india
pres
administration of union territories is in the control of
pres
national develop council
1952
zonal councils
advisory bodies
members of upsc are appointed by
pres
which schedule mentions union list state list and concurrent list
schedule 7
famous commission on centre state relations
sarkaria commission
what cannon be done directly cannot be done indirectly
incolourable legislation
residuary powers are vested in
parliament
constitution of india enacted constituent assembly set up in
july 1946
constituent assembly was set up in
1946
india became a soverign democratic republic on
26th jan 1950
when did andhra come into existence
1953
bifurcation of bombay in
1960
which UT attained statehood in 1987
arunachal pradesh
25th state to achieve statehood
goa
first state to be bifuracted after indep
bomaby
reduced memebership of constituent assembly
299
separation of judiciary from executive is enjoined by
directive principle
the word economic justice is in
preamble and directive principles
source of indias soverignty lies with
people of india
which article says that there should be a pres
art 52
impeachememt of pres
art 61
which art says that there need to be a vice pres
art 63
there should be a governor
art 153
who appoints advocate gen
governor
chairman of national integration council
pm
chairman of inter state council
pm
keystone of cabinet arch
pm
primus inter pares
pm
national judicial academy
bhopal
which amend amended panchayati raj
73rd
judicial reviwe
us
right to equality
uk
judicial reviwe
art 13
fundamental duties part
part 4 A
patients conitions unknown to flight attendants at the time of issuing the ticket
so not liable in case of negligence
even if a person has his farm near a railway station since he is using lawful use of his land
there wont be any contributary negligence in case of negligence of train driver
not liable in case of peculiar problems
leaving the door of a train or bus open is careless and would make a passenger liable
driver hands over the vehicle to somebody else to drive
master not liable
a policeofficer owes a duty of care to everybody on the street
apparently
when husband lives sepearately from wife for a while and decides to send money to wife but stops after some time
not liable
cause there was no intention to establish legal relations
if there is a provision that agreement is not a legal doc
then no liability in case of breach of duty
in case of false represantaion
voidable
sometimes if a company is very sincere about their advertisemnt
they can be made liable
a person can propose a contract by one mode and revoke it by another
mortgage made by minor is
void
relationship between solicitor and client
fiduciary
contract with a drunkard and spenddrift
can be undue influence
in case of misrepresentemnet
the means of knowing using ordinary intelligence is considered
a sells goodwill of his business to b
b opens up his own shop and uses goodwill to solicit the customers
not liable
marrying each other is also a contract
contract between husband and wife is
domestic agreemnt
and it can prevent liability in some cases
a contract is voidable at the option of a taxi driver
theres a diff between statememt of intention and contract
you can be made liable for if u receive stolen goods
for extortion fear of injury is essential
theres a diff between criminal intimidation and extortion
in extortion delievery of property is essential
taking property from dead persons body
criminal misappropriation
guilty for receaving illegal gratification and not criminal breach of trsur
