This question consists of legal proposition(s)/principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these 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 absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
PRINCIPLE : When a person consented to an act to be done by another, he cannot claim any damages resulting from doing that act, provided the act done is the same for which consent is given.
FACTS : 'P' submitted a written consent to a surgeon 'S' for undergoing a surgical operation for removal of appendicitis. The surgeon while doing surgery also removed the gall bladder of 'A'

'P' can claim damages from 'S'

Right on! Give the BNAT exam to get a 100% scholarship for BYJUS courses

'P' is not bound to pay expenses of the surgery

No worries! We‘ve got your back. Try BYJU‘S free classes today!

'P' is required to pay expenses for surgery for Appendicitis but not for Gall Bladder

No worries! We‘ve got your back. Try BYJU‘S free classes today!

'P' cannot claim damages from 'S'.

No worries! We‘ve got your back. Try BYJU‘S free classes today!

Open in App

Solution

The correct option is D 'P' can claim damages from 'S'
Yes , P can claim damages from S . It is an example of remedies of specific performance only when it is just and equitable so to do that is where the legal remedy is inadequate or ineffective Specific performance is not granted where monetary compensation is an adequate relief , or where the court cannot superwise the actual execution of contract or where the contract is a personal services .

Suggest Corrections

Similar questions

Q. This question consists of legal proposition(s)/principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these 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 absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
PRINCIPLE : Negligence is actionable in law. In simple terms, negligence is the failure to take proper care over something.
FACTS : A, a doctor, conducted a hysterectomy sincerely on B and left a small cotton swab inside the abdomen. As a consequence of which B developed some medical problems and had to undergo another surgery. Is A liable?

Q. This question consists of legal proposition(s)/principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these 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 absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
PRINCIPLE : Nothing is an offence which is done in the exercise of the right of private defence.
FACTS : 'A' under the influence of madness, attempts to kill 'B'. 'B' to save his life kills 'A'.

Q. This question consists of legal proposition(s)/principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these 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 absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
PRINCIPLE : Assault is causing bodily injury to another person by use of physical force.
FACTS : Rustum while entering into compartment of a train raised his fist in anger towards a person Sheetal, just in front of him in the row, to get way to enter into the train first, but did not hit him. Rustum has

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: When a person voluntarily agrees to suffer some harm, he is not allowed to complain for that.
Facts: 'A' was one of the spectators at a formula one car race, being held at Gurgaon, on a track owned by one 'M' company. During the race, there was a collision between two racing cars, one of which was thrown away amidst spectators, thereby causing an injury to 'A', 'A' claims damages for the injuries caused to him.

Q. DIRECTIONS (71-80): This section consists of fifty(50)questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') 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: 'Work' means literary work, artistic work, dramatic work, musical work, cinematographic film and sound recording but does not include acting in a cinematographic film. Only the works, as enumerated above, can be protected under copyright law.
Facts: A very famous actor acted in a cinematographic film. The actor was also the producer and director of cinematographic film.

Join BYJU'S Learning Program