The railway authorities allowed a train to be over crowded. In consequence, a legitimate passenger Mr X lost his wallet or someone stole it. Choose the appropriate answer.

Mr X can sue the railway authorities for the loss suffered.

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Mr X cannot sue because he had given his consent to travel in an over-crowed train.

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Mr X cannot sue the railway authorities because there was no infringement of his legal right and mere fact that the loss was caused does not give rise to a cause of action.

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None of these.

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Solution

The correct option is D Mr X cannot sue the railway authorities because there was no infringement of his legal right and mere fact that the loss was caused does not give rise to a cause of action.

A cause of action is a set of facts that are used to justify claims or right to sue to obtain property or money or enforcement of a right against another party and since there is no infringement of legal rights of X, there is no cause of action arising against the Railway authority and hence he cannot sue them.

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Q. LEGAL PRINCIPLE: In a suit for malicious prosecution, the plaintiff must prove the following essentials:
(1) That he was prosecuted by the defendant
(2) That the proceeding complained was terminated in favour of the present plaintiff
(3) That the prosecution was initiated against him without any just or reasonable cause
(4) That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact
(5) That he suffered damage to his reputation or to the safety of person, or to security of his property
FACTS: A recovered a large sum of money from Railway Co., for personal injuries. Subsequently, Railway Co. came to know that injuries were not real and were created by doctor B. Railway Co. prosecuted B for playing fraud on the company, but B was acquitted. B sued Railway Co. for malicious prosecution. In the light of these facts which of the following statements is true?
DECIDE.

Q. LEGAL PRINCIPLES: In a suit for malicious prosecution, the plaintiff must prove the following essentials:
1. That he was prosecuted by the defendant.
2. That the proceeding complained was terminated in favour of the present plaintiff.
3. That the prosecution was instituted against him without any just or reasonable cause.
4. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact.
5. That he suffered damage to his reputation or to the safety of person, or to security of his property.
FACTUAL SITUATION : A recovered a large sum of money from Railway Co. for personal injuries. Subsequently Railway Co. came to know that injuries were not real and were created by doctor B. Railway Co, prosecuted B for playing fraud on the company, but B was acquitted. B sued Railway Co. for malicious prosecution. In the light of these facts which of the following statements is true?

Q. Statement: There have been many instances of derailment of trains due to landslide in the hilly areas which caused loss of many lives.
Courses of Action:
I. The railway authority should arrange to deploy pilot engines before the movement of passenger trains in the hilly areas to alert the trains in case of any landslide.
II. The railway authority should strengthen the hill slopes by putting iron meshes so that the loose boulders do not fall on the track.

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