Get Advice on Live Video Call
Earn $ Cash $ with
consultations on Bissoy App

Principle: A person who voluntarily takes a decision to do something after appreciating the risk involved in such act and then receives an injury, will not be entitled to get any compensation.<br>Facts: 'X', an electrical engineer, was invited by his friend 'Y', to the factory where he was employed. While they were in the factory, 'Q' a worker in the factory informed 'Y' about some short-circuit in the power room. Hearing this, 'Y' asked 'X' to stay in the office room and rushed to the power room. 'X' however, decided to follow 'Y'. 'X' noticed that if the power supply through a particular electric line could be disconnected, the electrical leakage could be stopped which would prevent further damage. Suddenly 'X' decided to pullout the wire manually even though it was risky. This resulted in a blast in which both 'X' and 'Y' got injured. 'X' had to spend Rs. 1 lakh at the hospital for his treatment. 'X' wants to file a suit for compensation from the management of the factory. Will he succeed?

Correct Answer: No, as 'X' was aware of some risk in his action and still decided to take the risk

Principle: A plaintiff who suffers some injury will be entitled to receive compensation even if he suffers no loss.
Factual Situation: Reddy was a strong political worker of Party X. He was proceeding to the poling booth at about 7:30 am, to cast his vote in favour of Mr. Naik, his party candidate. On the way, the State Police officials suspected Reddy to be an anti-social element and took him into custody for questioning. Reddy pleaded with the officials that he was a genuine voter and had no previous criminal records and requested them to allow him to cast his vote. The officials allegedly detained him in custody till about 4:45 pm and thereafter released him, recording that they could not find any thing against him. By the time Reddy reached the poling booth the polling time was over and he could not vote for Mr. Naik. When the results were declared Mr. Naik got a Majority of over 6000 votes and Party X got the majority to form the Government. Reddy files a suit for compensation against the State.

To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition

Principle: An occupier or owner of land owes a duty to warn a suspected trespasser of deadly conditions on the land which would be hidden to a trespasser, but of which the property owner is aware.
Factual Situation: Shiva, the owner of a Fire Cracker Factory owned a large plot of land, which he used for testing his crackers. One day while he was about to set fire to some special crackers, he noticed some children wandering on his land. Shiva did not pay any attention to the children as according to him they were trespassers. He set fire to the test crackers. One of the crackers which was supposed to ignite a series of crackers up in the sky at a height of 100 metres, did not burst in the sky. Instead, it fell to the ground and exploded, injuring one of the children. In a suit for compensation initiated by the parents of the injured child, how would you decide?

Principle: A person becomes liable for his negligence when he owed a duty of care to others.
Facts: A train was leaving the platform. Dhiraj rushed and boarded the moving train. He was carrying a parcel of long wooden reapers. Even though Dhiraj managed to enter the train, the parcel was protruding out through the compartment door. Mohit, who came to see off his friend, was standing on the platform waiting for the train to move. The protruding parcel hit Mohit on his chest. Mohit claims compensation for the injury from Dhiraj. Will Mohit succeed?

A' is the owner of a furniture shop and 'B' is employed in that shop as a delivery-man. In which of the following cases, 'A' would be liable in a suit filed by the injured plaintiff 'C' for the action of 'B'?
Case 1. One day, 'B' was on his delivery route when he met his friend 'D'. 'D' requested 'B' to drop him at the railway station as he was getting late for the train. 'B' drove very fast and while returning back from the railway station, 'B' negligently ran over 'C'.
Case 2. One day, 'B' was on his delivery route when he met 'D'. As both had met after long time, 'B' decided to have lunch with his friend 'D'. 'B' drove out of his way to a nearby restaurant and had lunch there. While driving back from there, 'B' negligently ran over 'C'.

Which of the following statements are true/false?
1. Every worker who has worked fora period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages.
2. A worker who has been allowed leave for not less than four days, in the case of an adult, and five days, in the case of a child shall, before his leave begins, be paid the wages due for the period of the leave allowed.
3. If a worker works in a factory works for more than nine hours in any day or for more than 40 hours in any week, he shall, in respect of overtime work, be entitled to wagesat the rate oftwicehis ordinary rate of wages.4. The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest, they shall not spread over more than eleven and a half hours in any day.

Read the passage carefully and select the best answer to each question out of the given four alternatives.
The Amazon basin has been continuously inhabited for at least 10, 000 years, possibly more. Its earliest inhabitants were stone-age peoples, living in hundreds of far-flung tribes, some tiny, others numbering in the tens of thousands. It was from the west that Europeans explorers first arrived. In 1541 a Spanish expedition from Quito, led by Gonzalo Pizarro, ran short of supplies while exploring east of the Andes in what is today Peru. Pizarros cousin Francisco de Orellana offered to take 60 men along with the boats from the expedition and forage for supplies. De Orellana floated down the Rio Napo to its confluence with the Amazon, near Iquitos (Peru), and then to the mouth of the Amazon. Along the way his expedition suffered numerous attacks by Indians; some of the Indian warriors, they reported, were female, like the Amazons of Greek mythology, and thus the worlds greatest river got its name. No one made a serious effort to claim this sweaty territory, however, until the Portuguese built a fort near the mouth of the river at Belém in 1616, and sent Pedro Teixeira up the river to Quito and back between 1637 and 1639. During the 17th and 18th centuries, Portuguese bandeirantes (groups of roaming adventurers) penetrated ever further into the rain forest in pursuit of gold and Indian slaves, exploring as far as present-day Rondônia, and the Guaporé and Madeira river valleys. Amazonian Indians had long used the sap from rubber trees to make waterproof bags and other items. European explorers recognized the potential value of natural latex, but were unable to market it because it tended to grow soft in the heat, or brittle in the cold, and thus had limited appeal outside the rain forest. However, in 1842 American Charles Goodyear developed vulcanization (made natural rubber durable) and in 1890 Irelands John Dunlop patented pneumatic rubber tires. Soon there was an unquenchable demand for rubber in the recently industrialized USA and Europe, and the price of rubber on international markets soared. As profits skyrocketed, so did exploitation of the seringueiros, or rubber tappers, who were lured into the Amazon, mostly from the drought-stricken northeast, by the promise of prosperity only to be locked into a cruel system of virtual slavery dominated by seringalistas (owners of rubber-bearing forests). Rigged scales, hired guns, widespread illiteracy among the rubber tappers, and monopoly of sales and purchases all combined to perpetuate the workers debt and misery. In addition, seringueiros had to contend with jungle fevers, Indian attacks and all manner of deprivation.
In which year did the fort was built by Portuguese near the river Belem?

A' had only one good eye. He was employed by 'B' on a work in which some risk to the eye by injury was clear. However, the risk was not so great as to necessitate supply of protective goggles to the workmen with both eyes good. 'B' knew the fact that 'A' had only one good eye but did not supply protective goggles to 'A' because no other workman was supplied with protective goggles. During the course of employment, the good eye of 'A' was injured. 'A' brought an action in tort.

Read the passage carefully and select the best answer to each question out of the given four alternatives.
The Amazon basin has been continuously inhabited for at least 10, 000 years, possibly more. Its earliest inhabitants were stone-age peoples, living in hundreds of far-flung tribes, some tiny, others numbering in the tens of thousands. It was from the west that Europeans explorers first arrived. In 1541 a Spanish expedition from Quito, led by Gonzalo Pizarro, ran short of supplies while exploring east of the Andes in what is today Peru. Pizarros cousin Francisco de Orellana offered to take 60 men along with the boats from the expedition and forage for supplies. De Orellana floated down the Rio Napo to its confluence with the Amazon, near Iquitos (Peru), and then to the mouth of the Amazon. Along the way his expedition suffered numerous attacks by Indians; some of the Indian warriors, they reported, were female, like the Amazons of Greek mythology, and thus the worlds greatest river got its name. No one made a serious effort to claim this sweaty territory, however, until the Portuguese built a fort near the mouth of the river at Belém in 1616, and sent Pedro Teixeira up the river to Quito and back between 1637 and 1639. During the 17th and 18th centuries, Portuguese bandeirantes (groups of roaming adventurers) penetrated ever further into the rain forest in pursuit of gold and Indian slaves, exploring as far as present-day Rondônia, and the Guaporé and Madeira river valleys. Amazonian Indians had long used the sap from rubber trees to make waterproof bags and other items. European explorers recognized the potential value of natural latex, but were unable to market it because it tended to grow soft in the heat, or brittle in the cold, and thus had limited appeal outside the rain forest. However, in 1842 American Charles Goodyear developed vulcanization (made natural rubber durable) and in 1890 Irelands John Dunlop patented pneumatic rubber tires. Soon there was an unquenchable demand for rubber in the recently industrialized USA and Europe, and the price of rubber on international markets soared. As profits skyrocketed, so did exploitation of the seringueiros, or rubber tappers, who were lured into the Amazon, mostly from the drought-stricken northeast, by the promise of prosperity only to be locked into a cruel system of virtual slavery dominated by seringalistas (owners of rubber-bearing forests). Rigged scales, hired guns, widespread illiteracy among the rubber tappers, and monopoly of sales and purchases all combined to perpetuate the workers debt and misery. In addition, seringueiros had to contend with jungle fevers, Indian attacks and all manner of deprivation.
From where did the Europeans explorers first arrive?

Read the passage carefully and select the best answer to each question out of the given four alternatives.
The Amazon basin has been continuously inhabited for at least 10, 000 years, possibly more. Its earliest inhabitants were stone-age peoples, living in hundreds of far-flung tribes, some tiny, others numbering in the tens of thousands. It was from the west that Europeans explorers first arrived. In 1541 a Spanish expedition from Quito, led by Gonzalo Pizarro, ran short of supplies while exploring east of the Andes in what is today Peru. Pizarros cousin Francisco de Orellana offered to take 60 men along with the boats from the expedition and forage for supplies. De Orellana floated down the Rio Napo to its confluence with the Amazon, near Iquitos (Peru), and then to the mouth of the Amazon. Along the way his expedition suffered numerous attacks by Indians; some of the Indian warriors, they reported, were female, like the Amazons of Greek mythology, and thus the worlds greatest river got its name. No one made a serious effort to claim this sweaty territory, however, until the Portuguese built a fort near the mouth of the river at Belém in 1616, and sent Pedro Teixeira up the river to Quito and back between 1637 and 1639. During the 17th and 18th centuries, Portuguese bandeirantes (groups of roaming adventurers) penetrated ever further into the rain forest in pursuit of gold and Indian slaves, exploring as far as present-day Rondônia, and the Guaporé and Madeira river valleys. Amazonian Indians had long used the sap from rubber trees to make waterproof bags and other items. European explorers recognized the potential value of natural latex, but were unable to market it because it tended to grow soft in the heat, or brittle in the cold, and thus had limited appeal outside the rain forest. However, in 1842 American Charles Goodyear developed vulcanization (made natural rubber durable) and in 1890 Irelands John Dunlop patented pneumatic rubber tires. Soon there was an unquenchable demand for rubber in the recently industrialized USA and Europe, and the price of rubber on international markets soared. As profits skyrocketed, so did exploitation of the seringueiros, or rubber tappers, who were lured into the Amazon, mostly from the drought-stricken northeast, by the promise of prosperity only to be locked into a cruel system of virtual slavery dominated by seringalistas (owners of rubber-bearing forests). Rigged scales, hired guns, widespread illiteracy among the rubber tappers, and monopoly of sales and purchases all combined to perpetuate the workers debt and misery. In addition, seringueiros had to contend with jungle fevers, Indian attacks and all manner of deprivation.
Where did De Orellano float down to for its confluence with the Amazon?