Bissoy
Login
Get Advice on Live Video Call
Earn $ Cash $ with
consultations on Bissoy App
A' employs 'B' to beat 'C', and agrees to indemnify him against all consequences of the act. 'B' thereupon beats 'C', and has to pay damages to 'C' for doing so. Determine the liability of 'A'.
A
A' is liable to indemnify 'B'
B
A' is vicariously liable with 'B' to pay damages
C
Both 'A' and 'B' are liable to pay damages
D
'A' is not liable to pay damages
Correct Answer:
'A' is not liable to pay damages
A employs B to beat C and agree to indemnify him against all consequences of the Act. B thereupon beats C and pays damages to C for so doing.
A
A is liable to indemnify B for these damages
B
A is partially liable to indemnify to those damages
C
A is not liable to indemnify B for these damages
D
None of these
A employs B to beat C and agree to indemnify him against all consequence of the act. B thereupon beats C and to pay damages to C for so doing.
A
A is liable to indemnify B for those damages
B
A is partially liable to indemnify B for those damages
C
A is not liable to indemnify B for those damages
D
None of the above
Ramesh employs Suresh to beat Mahesh. Ramesh promises to indemnify Suresh against all the consequences of the act. Suresh beats Mahesh and has to pay damages to Mahesh for the beatings committed upon him.
A
Ramesh is liable to indemnity Suresh for those damages
B
Ramesh is not liable to indemnify Suresh for those damages
C
Ramesh is liable to indemnify Mahesh for the loss occurred due to the beatings
D
Ramesh is liable to indemnify both Suresh and Mahesh
X, a publisher of a newspaper, agrees to publish at Y's request a defamatory article in respect of Z as Y agrees to indemnify X against the consequences of the publication. In a Suit by Z, X has to pay damages and incur expenses. Which one of the following is the correct statement regarding the liability of Y?
A
Y is liable to indemnify X on the contract of indemnity
B
Y is not liable as the act was criminal
C
Y is liable as a joint tort feaser and thus must pay half of the damages and costs
D
Y is liable as a principal
B, the proprietor of a newspaper, publishes, at A's request, a libel upon C in the paper, and A agrees to indemnify B against the consequences of the publication, and all costs and damages of the action in respect thereof. B is sued by C and has to pay damages and also incurs expenses. Decide in the light of Section 224 of the Indian Contract Act, 1872.
A
A is not liable to B upon indemnity
B
A is liable to B upon indemnity
C
A is not liable to C upon indemnity
D
None of above
One X wrote defamatory letter against Y, a copy of which he sent to the Chairman of the Municipal Committee and other for publication in a local newspaper in which it was duly published. Y sued X and the editor, publisher and management of the newspaper for damages. Subsequently, a sum of Rs. 5,000 was paid by the newspaper by way of damages to Y and an apology was also published in the newspaper. Thereupon Y withdrew his action against the newspaper but not against X. X pleads that the release of other joint tort-feasors amounted to his release also
A
X is not to be released
B
Unless it was shown that the compensation was paid on behalf of X, he cannot be released
C
Since one of the joint tort-feasors was released, it automatically amounted to the release of the other
D
X may also tender apologies
Principle: Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law, provided that the thing which intoxicated him was administered to him without his knowledge or against his will.
Factual Situation: Ram, Shyam and Vipin were friends. Vipin was in love with Anita and wanted to marry her. One day she told him that her marriage was fixed with a rich NRI and that he should not disturb her again in future. Vipin, who became depressed, told this to his friends. Ram suggested that they should go to a nearby bar and drink some Beer so that Vipin could relax. As Vipin was not habituated to drinks, initially he declined but later at the bar Ram told Vipin to take a little Whisky, which he did hesitatingly, After a while Vipin became totally intoxicated and started to say that Anita ditched him. Shyam, who was also drunk then said. " If you are so worried, go and kill her". A little while later all three friends parted company. Vipin went straight to Anita's hostel, called her out and shot her.
A
Vipin is not Iiable for murdering Anita as he did not realize the seriousness of the act as he was drunk
B
Vipin is not liable for the murder as he was forced to drink Whisky when the initial suggestion was to take Beer
C
Vipin and his friends are jointly liable for murdering Anita as the suggestion to 'kill her' developed in the group
D
Vipin is liable for murdering Anita as he was under the influence of a drink, which he took voluntarily
Propositions as regards the liability of the surety under the surety bond are:
1. The liability of the surety is mutually exclusive of the liability of the accused under his personal bond.
2. The liability of the surety is contingent on the liability of the accused under his personal bond the liability of the surety.
3. is limited to the amount of the surety bond.
Now which of the following is correct
A
1 and 3 are correct
B
1 and 2 are correct
C
2 and 3 are correct
D
1, 2 and 3 all are correct
The joint liability in respect of joint tort-feasors arises in which one of the following circumstances?
1. Agency, when one person employs another to do an act which turns out to be a tort.
2. Vicarious liability, i.e., the liability arising from relations.
3. Joint action - where two or more persons combine together to commit an act which amounts to a tort.
Select the correct answer using the given below:
A
1 and 2
B
2 and 3
C
1, 2 and 3
D
1 and 3
A contracts to indemnify B against the consequences of any proceedings which C may take against B in respect of a certain sum of Rs. 500.
A
This is contract of indemnity
B
This is not a valid contract of indemnity
C
This is contract of stipulation
D
None of the above