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PRINCIPLE: A ...

Question

PRINCIPLE: A pact, other than a pact to commit suicide, to suffer any harm is not an offence, provided, the age of the person who has given his consent to suffer harm is above eighteen years.
FACTS:A enters into a pact with B, a boy of less than 18 years of age, to fence with each other for amusement. They agreed to suffer any harm which, in the course of such fencing may be caused without foul play.

A

A, while playing fairly hurts B, A commits no offence

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B

A, while playing only unfairly, hurts B, A commits an offence

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C

A, while playing fairly, hurts B, a commits an offence

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D

A, while playing unfairly, hurts B, A commits no offence

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Solution

The correct option is C A, while playing fairly, hurts B, a commits an offence
Since B is less than the age of 18 years he cannot enter into a pact to suffer any harm. Therefore, any person causing harm to him would be committing an offence.
therefore, A is liable of causing harm to B.and has committed an offence.

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Q. Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Principle: A pact, other than a pact to commit suicide, to suffer any harm is not an offence, provided the age of the person who has given his consent to suffer harm is above eighteen years.

Factual Situation: A enters into a pact with B, a boy of less than 18 years of age, to fight (boxing) with each other for amusement. They agreed to suffer any harm which, in the course of such fighting, may be caused without foul play.A hurts B without intention and while playing fairlly. What will be the consequences?

Q. This section consists of fifty

(50)

questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principles') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Principle: A pact, other than a pact to commit suicide, to suffer any harm is not an offence, provided the age of the person who has given his consent to suffer harm is above eighteen years.
Facts: A enters into a pact with B, a boy of less than

18

years of age, to fence with each other for amusement. They agreed to suffer any harm which, in the course of such fencing, may be caused without foul play.

Q. PRINCIPLE: Whoever enters into or upon property in the possession of another with the intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with an intent to intimidate, insult, or annoy any such person, or with the intent to commit an offence commits criminal trespass.
FACTUAL SITUATION: A went to Delhi Law College to participate in a competition. After participating in the competition, A hid inside the campus so that he could steal a few books from the library

Q. PRINCIPLE: Whoever drives any vehicle, or rides, on any public way in manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, has committed an offence, which shall be punished in accordance with the law
FACTS: 'X', a truck driver, driving his vehicle rashly and negligently at a high speed climbed the footpath and hit 'Y', a pedestrian, from behind causing his death.

Q. PRINCIPLE: Nothing is an offence merely by reason of its being done with the knowledge that it is likely cause harm, if it be done without any criminal intention to cause harm and in good faith for the purpose of preventing or avoiding other harm to a person or property.
FACTS: Mr. Shaman, the Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast in such a position that before he can stop his vessel, he must inevitably run down a boat B with twenty or thirty passengers on board, unless he changes the course of his vessel and that by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may be possibly clear. Whether Sharman has committed an offence?

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