Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or commission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat'.
FACTUAL SITUATION: A falsely pretending to be an Army General, intentionally induces B to let him have goods worth Rs. 20,000 on credit from his shop. A has no settled employment or bank balance on the day of the transactions.
QUESTION: Is A guilty of cheating in this case?
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or commission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat'.
FACTUAL SITUATION: A falsely pretending to be an Army General, intentionally induces B to let him have goods worth Rs. 20,000 on credit from his shop. A has no settled employment or bank balance on the day of the transactions.
QUESTION: Is A guilty of cheating in this case?
The correct option is B Yes
The legal principle can be divided to have the following essentials -a. Deceiving a person.b. Fraudulently or dishonestly inducement of the deceived person to transfer of property.c. Delivery or consent to retain or omit to do something to the property as an effect of such deceiving. Here, A deceived B to make him believe that he was an Army General and under such deceived transfer property. Therefore, since it follows all the three conditions A has cheated B, and hence, is guilty.
The legal principle can be divided to have the following essentials -
