Unlawful Means Conspiracy This type of tort involves an agreement between two or more than two parties Wherein, at least one of them agrees regarding using unlawful means against the claimant. Case Laws: + Rohtas Industries vs Rohtas Industries Staff Union The facts, in this case, were that the workmen of the two industrial premises went on a strike. The Strike mentioned above was illegal under Section 23 r/w Section 24 of the Industrial Disputes Act, 1947. Now, the question which came before the Supreme Court was that if, the workmen are liable to pay the compensation for the losses incurred by the management during the strike period. The Court stated that the object of the strike was not to inflict any injuries or damages to industrial establishments. Although the act of strike would be considered as conspiracy, it was not actionable. There are two elements of this type of conspiracy: 1. The intention of the Defendant 2. Unlawful Means The Intention of the Defendant This type of conspiracy does not require any predominant intention to injure the claimant. However, the intention need not be predominant in this case but, the claimant must have suffered damage as a result of the act. The damage to the claimant must be treated as an essential cornerstone while determining the liability of the defendant or the accused. Unlawful Means Unlawful means are the acts or the conspiracy of such acts that would be wrongful and actionable under the Tort Law. Even those acts are considered in this category which would have been of criminal nature if committed by a singleperson. If these two elements are proved to be present in an act, then such an act would be considered as ‘Unlawful Means Conspiracy’ 31. Write a note on intimidation. Introduction: Intimidation is an established tort, the threat of doing an unlawful act for compelling a person to do something to his own detriment, injuring or harming himself or to the detriment of someone else. The case of Rookes v. Barnard, is an important judgment recognizing the tort of intimidation-where a person may be threatened to act in a manner injuring some third person. In this case, the plaintiff was employed as a draughtsman in the design office of British Overseas Airways Corporation (B.0.A.C) at London airport. The defendants are the officials of a registered trade union, the Association of Engineering and Shipbuilding Draughtsmen (A.E.S.0.). All members of the union were in a contract with B.O.A.C. that they will not resort to any strike if any dispute arises. The plaintiff resigned from the membership of the union and refused to join the same. His refusal to join resulted in all the members of the union passing a resolution and informing the B.0.A.C. that if the plaintiff was not dismissed, the members of the A.E.S.D. Union will withdraw their labor. As the B.0.A.C. was informed of the resolution by the defendants, the Corporation accented to the threat and dismissed the plaintiff after giving him due to notice. As a result, the plaintiff was not having any remedy against the 8.0.A.C., as on their part neither there was any breach of contract or commission of a tort. He brought an action against the defendants for wrongfully inducing B.0.A.C. in terminating his services. The House of Lords held that the threat of withdrawing labor if the plaintiff's services were not terminated constituted intimidation and since the plaintiff suffered thereby, he was entitled to succeed in his action. The defendants contended that in order to constitute intimidation, the threatened unlawful act should either be some violence or the commission of a tort anda threat to breach a contract is not enough. The House of Lords rejected this contention and stating that the threat of breaching the contract can be a much more coercive weapon than threatening a tort, particularly when the threat is directed against a company or corporation Another contention raised by the defendants was that though there was a threat to break the contract, the plaintiff had no cause of action against the defendant's as he was a stranger to the contract that was threatened to bebroken, The House of Lords rejected this argument too, on the basis that the plaintiff’s action was a tort resulting in damage to himself, rather than the breach of contract. For this, the intimidated party could independently bring a separate action. For constituting a wrong of intimidation, there should be a threat to do an unlawful act for compelling a person to do something to his own detriment, injuring or harming himself or to the detriment of somebody else. If the threat does not cause any detriment or it is to do something which is not unlawful, there is no intimidation. In the case of Venkata Surya Rao v. Nandipati Muthayya, an agriculturist pleaded that he was unable to pay the arrears of land revenue for which the village munsif threatened to distrain the earrings worn by him if no other movable property was readily available. The village goldsmith was also called for the same but on his arrival, one of the villagers made the necessary payment. It was held that there was no intimidation in this case since the threat was not to do something unlawful and had not compelled the plaintiff to do something to his own detriment or to the detriment of somebody else. 32. Define malicious prosecution what are the essential ingredients _to be proved to make the defendant liable? Malicious prosecution denotes the wrongful initiation of criminal proceedings. It is prosecution against a person without any likely cause that causes damages. It isa kind of tort, and the victim has the right that he even can sue the police authorities for any such wrong done by them Liability arising out of malicious prosecution relies on the freedom to take any action, and the other is the necessity to look into the false accusations against the person. Criminal prosecuting attorneys and judges are exempted from malicious prosecution by the doctrine of prosecutorial immunity and judicial immunity. Malicious Prosecution meaning Suppose a person under the influence of an ill or improper motive institutes a judicial proceeding against another person without likely cause to sustain it. In that case, it can be defined as malicious prosecution as observed by the court during the case of West Bengal State Electricity Board versus Dilip Kumar Ray. It is the benevolent intention of unsuccessful criminal or bankruptcy or liquidation proceedings against another without likely cause. Maliciousprosecution is likely to occur when one party knowingly and intentionally initiates any baseless litigation against the other person. Essential elements of malicious prosecution To prove malicious prosecution in a suit, the plaintiff must prove- Prosecution by the defendant It must be noted that any departmental enquiries against the plaintiff conducted by disciplinary authorities will not be considered prosecution. Prosecution refers to judicial proceedings through appeals. Absence of reasonable and probable cause The plaintiff's responsibility is to prove to the court that he was prosecuted without reasonable cause by the defendants with malicious intent. Even if the reasonable, likely and probable motive exists, it is of no value if the prosecutor prosecutes the case in ignorance. It must be noted that the accused getting acquitted or the case getting dismissed should not be proof of the absence of reasonable and probable cause. ‘Suppose a person initiates a proceeding with multiple charges, where the probable cause may be present for some of the charges and absent for some. In such cases, the probable motive isn’t always present, and hence his legal responsibility for malicious prosecution is complete. A person who files a suit for malicious prosecution has to prove that the defendant who has filed the case has done it without any likely cause. The malicious act of the defendant Malice isn’t always only a feeling of ill will or a spirit of vengeance in the direction of the plaintiff; however, it may be to behave with any mistaken cause which motivates the prosecutor to benefit from the man or woman. It isn’t always crucial that the defendant appear maliciously proper from the prosecution launched. If the prosecutor is initially harmless but becomes malicious, a motion for malicious prosecution can lie. If the pendency of crook prosecution, the defendant receives fantastic know-how of the accused’s innocence, the continuance of the trial is malicious from that moment onwards. Malice may be inferred upon evidence of the absence of sincere 62perception inside the accusation and consequent need of reasonable and probable cause for instituting the prosecution complaint Proceedings are terminated in favour of the plaintiff Termination here refers to the non-existence of judicial determination of the defendant's guilt. Malice is no longer defined just as a feeling of enmity, spite, or a spirit of vengeance against the plaintiff. Malice may also be any wrongful motivation that may help the prosecutor gain personal collateral No action may be added while the prosecution or the court cases are pending. It isa rule of law that nobody will be allowed to allege a still-pending suit miles unjust. Damage caused to the p! iff as a result of prosecut The plaintiff can claim damages on the following three counts:- Damage to the plaintiff's reputation, Damage to the plaintiff's person, Damage to the plaintiff’s property Adversarial civil proceeding: Essentials of malicious civil proceedings are Malice must be proved. The plaintiff must prove that such civil proceedings have interrupted his liberty and have affected his reputation. Remedies for malicious prosecution . The plaintiff may claim compensation or punitive damages. . Public law remedy The Malicious Prosecution infringes the fundamental rights of the accused person. The charged can invoke writ jurisdiction below article and then achieve from the writ courts the comfort of providing compensation to the victim who suffered physical, intellectual, and social damage.It is stated that the adversarial doings are that lawsuits can be initiated on spiteful grounds. Multiple factors point to malicious prosecution, such as the absence of a reasonable motive prosecution by the defendant against whom allegations of malicious intent are filed. In several cases, complaints are terminated, which may favour the plaintiff inside the court. The plaintiff is suffering or undertaking damages because of the prosecution. These are vital to the plaintiff to show in a suit for damages for malicious prosecution to be fulfilled. UNIT-V 33.Explain the forums created under consumer protection act 1986 Jurisdiction of the District Forum (1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed [does not exceed rupees five lakhs]. (2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction, - (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or [ carries on business or has a branch office or ] personally works for gain; or (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or [ carries on business or has a branch office } personally works for gain, provided that in such case either the permission of the District Forum is given or the opposite parties who do not reside or [carry on business or have a branch office ] personally work for gain, as the case may be, acquiesce in such institution; or (c) the cause of action, wholly or in part, arises. Jurisdiction of the State Commission Subject to the other provisions of this Act, the State Commission shall have jurisdiction —(a) to entertain - (i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees [five lakhs but does not exceed rupees twenty lakhs]; and (ii) appeals against the orders of any District Forum within the State; and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity. Jurisdiction of the National Commission Subject to the other provisions of this Act, the National Commission shall have jurisdiction — (a) to entertain - (i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees twenty lakhs ; and (ii) appeals against the orders of any State Commission; and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity. 34.Write a note on restrictive trade practic Introduction: A restrictive trade practice is defined under Section 2(1)(nnn) of the Consumer Protection Act, 1986. The section covers all the price related deceit that the traders may indulge in to maximise their profits. Restrictive trade practices aretargeted at the consumers who are burdened with restriction and unjustified costs through the practices of the trader. The trader manipulates the price or the conditions of delivery of the product which results in restrictive trade practice. This affects the supply of goods and services in the market and includes: —A likely or definite rise in the price of a commodity due to the delay of the trader to provide the good or service. A compulsion to purchase, hire or avail any good or service in order to obtain any other good or service. + A trader accumulates his stock of food grains in order to increase the price of the grains in the market so that he can sell it at a higher price. + Inorder to buy television from trader X, one needs to buya table first. Case Laws Amongst a plethora of cases, certain significant cases of Restrictive Trade Practices include Sikka Gas Agency vs Satyendra Prasad and Dif Limited vs Mridul Estate (Pvt.) Ltd. 35.Explain composition, appointment and jurisdiction of national commission. Introducti The National Commission was instituted in 1988. It is headed by a sitting or retired Judge of the Supreme Court of India. The present President of the commission is Justice R.K. Agrawal who is a former Judge of the Supreme Court of India. According to Sec-21 of the act, the pecuniary jurisdiction of a National Commission for entertaining complaints or issues where the value of goods or services and the value of the compensation claimed is more than Rs. 1 crore. The National Commission has been constituted with various powers such as: + It has the powers of administrative control over all the State Commissions. It can call all the State Commissions or any one of themfor periodical returns regarding the institution, disposal and pendency of cases, It can adopt a uniform procedure in the hearing of the matters It can provide a speedy grant of copies of documents to the parties. It also has a general power of overseeing the functioning of the State Commissions and the District Forums. It has the power of providing prior service of the copies of the documents produced by one party to the opposite parties. In addition to the President of the commission, it shall consist of 4 other members, out of which at least one shall be a woman. Alll of these members shall fulfil the following conditions to be able to qualify as a member in the National Commission: Their age should not be less than 35 years of age. They shall be possessing a bachelors degree from a recognized university, . They shall be a person of ability, integrity and standing and have adequate knowledge and experience regarding the field of aconsumer. Every member of the commission shall hold office for a term of S years or up to the age of 70 years whichever is earlier. E: ‘omoti sale , the tradesman adopts unfair trade practices ? What are those trade practices? Introduction: An unfair trade practice means a trade practice, which, for the purpose of promoting any sale, use or supply of any goods or services, adopts unfair method, or unfair or deceptive practice. Unfair practices may be categorized as under: 1.False Representation The practice of making any oral nor written statement or representation which: + Falsely suggests that the goods are of a particular standard quality, quantity, grade, composition, style or model;68 Falsely suggests that the services are of a particular standard, quantity or grade; Falsely suggests any re-built, second-hand renovated, reconditioned or old goods as new goods; Represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which they do not have; Represents that the seller or the supplier has a sponsorship or approval or affiliation which he does not have; Makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services; Gives any warranty or guarantee of the performance, efficacy or length of life of the goods, that is not based on an adequate or proper test; Makes to the public a representation in the form that purports to be- 1. a warranty or guarantee of the goods or services, 2. a promise to replace, maintain or repair the goods until it has achieved a specified result, if such representation is materially misleading or there is no reasonable prospect that such warranty, guarantee or promise will be fulfilled + Materially misleads about the prices at which such goods or services are available in the market; or + Gives false or misleading facts disparaging the goods, services or trade of another person. 2.False Offer of Bargain P! Where an advertisement is published in a newspaper or otherwise, whereby goods or services are offered at a bargain price when in fact there is no intention that the same may be offered at that price, for a reasonable period or reasonable quantity, it shall amount to an unfair trade practice. The ‘bargain price’, for this purpose means- 1. the price stated in the advertisement in such manner as suggests that it is lesser than the ordinary price, or . the price which any person coming across the advertisement would believe to be better than the price at which such goods are ordinarily sold Free Gifts Offer and Prize SchemesThe unfair trade practices under this category are Offering any gifts, prizes or other items along with the goods when the real intention is different, or Creating impression that something is being offered free along with the goods, when in fact the price is wholly or partly covered by the price of the article sold, or Offering some prizes to the buyers by the conduct of any contest, lottery ‘or game of chance or skill, with real intention to promote sales or business. 4.Non -Compliance of Prescribed Standards Any sale or supply of goods, for use by consumers, knowing or having reason to believe that the goods do not comply with the standards prescribed by some competent authority, in relation to their performance, composition, contents, design, construction, finishing or packing, as are necessary to prevent ‘or reduce the risk of injury to the person using such goods, shall amount to an unfair trade practice. 5.Hoarding, Destruction, Etc. Any practice that permits the hoarding or destruction of goods, or refusal to. sell the goods or provide any services, with an intention to raise the cost of those or other similar goods or services, shall be an unfair trade practice. 37.Explain the composition and jurisdiction of the state commission under consumer protection act, 1986. Composition of the State Commission ( Section 16). Each State Commission shall consist of — (a) a person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President : Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of the High Court; (b) two other members, who shall be persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity indealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman Provided that every appointment made under this clause shall be made by the State Government on the recommendation of a selection committee consisting of the following, namely :- (i) President of the State Commission - Chairman, (ii) Secretary of the Law Department of the State - Member, (iii) Secretary, incharge of Department dealing with consumer affairs in the State - Member. (2) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of the members of the State Commission shall be such as may be prescribed by the State Government, (3) Every member of the State Commission shall hold office for a term of five years or up to the age of sixty-seven years, whichever is earlier and shall not be eligible for re-appointment. (4) Notwithstanding anything contained in sub-section (3), a person appointed as a President or as a member before the commencement of the Consumer Protection (Amendment) Act, 1993, shall continue to hold such office as President or member, as the case may be, till the completion ] of his term. Jurisdiction of the State Commission ( Section 17} Subject to the other provisions of this Act, the State Commission shall have jurisdiction - (a) to entertain - (i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees [42 five lakhs but does not exceed rupees twenty lakhs 42]; and (ii) appeals against the orders of any District Forum within the State; and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State where it appears to the State Commission that such District Forum hasexercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity 38. Explain the salient features of Motor vehicles act, 1988. Salient Features of motor vehicles act 1988. Road Safety: The act to increase penalties for traffic violations. It will act as a deterrent. It proposes stricter provisions for offences such as drunken driving, juvenile driving, driving without licence, over-speeding, dangerous driving and overloading. It also proposes stricter provisions for driving without helmets. . Vehicle Fitness: This act includes a provision that mandates automated fitness testing for vehicles. This will improve road safety by removing unfit vehicles. The motor vehicles bill also proposes penalty for deliberate violation of safety and environmental regulations. The bill proposes regulation of the process of testing and certification of automobiles. It also proposes to bring agencies issuing automobile approvals to be brought under the Motor Vehicles Act, 1988 and vehicle testing standards to be set. Environmental and road health: This act mandates the recall of defective motor vehicles if the defect may cause a threat to the environment, or the driver or other people on the road. In such a case, the recalled vehicle’s manufacturer will have to: Reimburse the vehicle owner the full cost of the vehicle. Replace the defective vehicle with another vehicle of similar make. . Road Safety Board: The Motor Vehicles (Amendment) Bill, 2019 provides for the setting up of a National Road Safety Board by the central government. The National Road Safety Board will advise the central and state governments on all aspects of road safety and traffic management including registration and licensing of vehicles, standards of motor vehicles, standards for road safety and promotion of new vehicle technology. . Protection of Good Samaritan: This act incorporates Good Samaritan guidelines in order to help road accident victims. The Bill defines good samaritan as a person who provides emergency medical or non-medical assistance to a road accident victim and provides rules to prevent harassment of such a person. Such a person will not be liable for any civil or criminal actionfor any injury to or death of an accident victim, caused due to their negligence in providing assistance to the victim Compensation for road accident victims: The central government will develop a scheme for cashless treatment of road accident victims during golden hour (time period of up to one hour following a traumatic injury), during which the likelihood of preventing death through prompt medical care is the highest. Compulsory insurance: This act requires the central government to constitute a Motor Vehicle Accident Fund, to provide compulsory insurance cover to all road users in India. National Transportation Policy: The central government may develop a National Transportation Policy, in consultation with state governments. The Policy will establish a planning framework for road transport and will specify priorities for the transport system. . Taxi aggregators: The act defines aggregators as digital intermediaries or market places which can be used by passengers to connect with a driver for transportation purposes (taxi services). These aggregators will be issued licenses by state governments. Further, they must comply with the Information Technology Act, 2000. 39. Write a note on deficiency in service. Deficiency in services Service is an intangible benefit availed by the consumer from the service provider. On a daily basis, we all humans hire different services. Term service is defined under Section 2(42) of the Consumer Protection Act, 2019, which include facilities related to banking, financing, insurance, telecom, processing, transport, etc. Service doesn’t include any free service, it should be in paid form. Illustration: . Legal consultation is a service where a lawyer is a service provider. . A medical check-up is a service where a doctor is a service provider. . Teaching is a service where the teacher is a service provider. . Internet facility is a service. What is a deficiency?According to Section 2(11) of the Consumer Protection Act 2019 (“the Act”), deficiency is any sort of fault, imperfection, shortcoming or defect in the feature, quality, amount, nature, worth, authenticity, capacity and standard which is obligatory to be maintained and regulated as per the laws and statutes in function or any agreement/contract claimed by the seller, with respect to the products and goods. Including any act of negligence, omission or commission by the seller which causes loss to the consumer, which a prudent seller is supposed to do or is supposed to omit, but deliberately does the contrary, such actions amount to ‘deficiency of service’. These definitions help to understand the clear meaning of deficiency in services. Whenever there is any sort of deficiency in services, the customer is exploited which impacts and causes loss of money. Any kind of negligence or omission or commission can cause injury to consumers. Examples of deficiency of services: 1. Inappropriate treatment done by a doctor leading to an increase in patient's suffering is the deficiency in service. 2. Acustomer buys a ticket for an AC bus. But the AC of the bus does not work, which is a deficiency of service. Analysis of deficiency of services uncier the Act The Act imposes strict liability on the manufacturer, distributors, suppliers and retailers for causing injurious harm by its defective products or services. Notwithstanding any contractual obligations and limitations of the liability, if a product or any of its components fails to comply with the necessary standards and therefore causing a defect in the product, shall make the manufacturer of the product directly liable for damages under the Act or the common law of igence. Subsequently, the action can be brought for injury, death or any damages caused to a person or property under the Act due to a defect of the product. This means that there is no need for consumers to prove that the manufacturer was negligent for filing the suit against the manufacturer. The consumer only needs to prove that the defect in the product, the damage or injury was caused to the consumer by the product or service only. 40. Write a note on defective goods Every consumer desire that the goods he bought are in a situation as desired by him means there shouldn’t be any defect in it but, how can we define this defect?Section 2(10) defines a defect as any + Shortcoming + Imperfection + Fault in some parameters of goods such as - purity, quality, quantity, potency, or standard which the producer is required to maintain or provided under any law or any contract or implied by the trader in any manner.[5] Defective Goods From the above definitions, it is easy to identify a defective good. Goods that include any of the shortcomings given under section 2(10) of the Consumer Protection Act, 2019 is a defective good. Illustrations 1. Adulterated milk is a defective good. 2. Beauty products which may badly affect users’ skin is a defective good. RECENT CASE LAWS RELATED TO DEFECTIVE GOODS 1. Antonio Paulo Vaz v. Tata Motors Ltd. In one instance, a dealer sold Vaz a faulty, 2-year-old vehicle rather of a brand-new one. Vaz asked the dealer to replace the automobile or refund the money, but the dealer declined. Vaz complained to the district commission about the manufacturer and dealer, and the panel found both of them equally responsible. Manufacturers submitted a rebuttal of the case to the National Commission, and the court ruled that the Manufacturer is not responsible for the fault of the dealers until the Manufacturer's fault is established in instances. . M/S Sugoi Motors Ltd. v. Gurdial Chadha In this instance, Gurdial Chadha purchased a vehicle in 2017 however it was not delivered as promised. But the petitioner filed the complaint in 2020 after the expiry of the statutory period of two years under section 244 of the Consumer Protection Act. Therefore, the court couldn’t investigate the same even if the car was defective or not as per specifications. 41.A fails to save a drowning child . Has a committed any tort? Decide. Answer: NoExplanation: if somebody fails to help a starving man or save a drowning child, it is only @ moral wrong and, therefore, no liability can arise for that unless it can be proved that there was a legal duty to help the starving man or save the drowning child, A parent is not liable for tort committed by his/her child except when the parent affords the child an opportunity to commit to the tort. Factual Situation: A mother takes her seven-year-old son with her to market. On reaching the market, she shuts the car ignition, pulls the handbrake and puts the car in gear. She leaves her son in the car only. The child starts playing in the car and while doing so he releases the brakes and pushes the gear lever to neutral. As a result, the car starts moving down the road and runs down a pedestrian. 42. X entrusted his car to a driver for playing as a taxi. Driver lent it to the cleaner for a driving test. Cleaner caused an accident and injured Z.. Is X liable to Z? Decide. Answer: Yes X is liable to Z. Explanation Vicarious liability means the liability of a person for an act committed by another person and such liability arises due to the nature of the relation between the two. For e.g. A, is a driver who works for B and while driving B’s car for taking him to his office, he hits C, a pedestrian due to his negligence in driving. In such a case even though B was not driving the car he will still be liable for the accident which was caused due to the negligence of A. Ina Master-Servant relationship, the master employs the services of the servant and he works on the command of master and thus a special relation exists between the two and in case of a tort committed by the servant, his master is also held liable. There are many cases in which the servant does an act for his master and thus in law, it is deemed that the master was doing that act himself, therefore if the servant commits an unlawful act the master will also be held liable for the same 43.The defendant , a manufacturer of sweets sold the sweets to a middleman who supplied that to the plaintiff. When the plaintiff was injured by a piece of wire in the sweets . He sues the defendant .decide. Answer: Yes he sue the defendant.Explanation: The Strict Liability principle is also called as 'No Fault Liability’. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. 44.The defendant, a returning officer refused to register the vote of the plaintiff, who was a qualified voter. Though the candidate for whom the plaintiff wanted to vote wins, the plaintiff sues defendant for compensation. Dev Answer: The plaintiff sues defendant for compensation Explanation: In the above situation since legal right has been violated (even without any actual damage) compensation should be granted. Incase where there is an infringement of legal right even without any actual loss or dlamage, the person whose right is infringed has a cause of action. 45. The plaintiff builds 16 shops on the old foundations of a building without obtaining necessary permission from the municipality, municipality officials demolishes the said building. The plaintiff claims compensation. Decide. Explanation: A legal act, though motivated by malice, will not make the defendant liable. The plaintiff can get compensation only if he proves to have suffered injury because of an illegal act of the defendant. The plaintiff constructed 16 shops (on the old foundations of a building, without giving a notice of intention to erect a building under section 178 of the Uttar. Pradesh Municipalities Act and without obtaining necessary sanction required under section 108 of that Act. The defendants demolished this construction. In an action against the defendant to claim compensation for the demolition the plaintiff alleged that the action of the defendants was illegal as it was malifide, the municipal commissioner being an enemy of his. It was held that the defendants were not liable as no “injuria” (violation of a legal right) could be proved because if a person constructs a building illegally, the demolition of such building by the municipal authorities would not amount to causing “injuria”.