Principles:

1) Consumable goods which are not fit for consumption are not marketable.

2) A consumer shall not suffer on account of unmarketable goods.

3) A seller is liable for knowingly selling unmarketable goods.

4) A manufacturer shall be liable for the quality of his products. Facts

Ram bought a Coca Cola bottle from Shama's shop. Back at home, the server opened the bottle and poured the drink into the glasses of Ram and his friend Tom. As Tom started drinking, he felt irritation in his throat. Immediately, Ram and Tom took the sample to test and found nitric acid in the content. Ram filed a suit against Shama, Coca Cola company and the bottler, Kishen

and Co. Suggested Decisions

(a) Ram cannot get compensation

(b) Tom can get compensation

(c) Both Ram and Tom can get compensation

Suggested Reasons

i) Shama did not know the contents of sealed bottle.

ii) Ram did not actually suffer though he bought the bottle.

iii) Tom did not buy the bottle.

iv) Coca Cola company is responsible since it supplied the concentrate.

v) Kishen & Co, is responsible since it added water, sugar, etc., and sealed the bottle.

vi) Shama is responsible for selling the defective product.

Your decision with the reason

• (a) (ii)

• (b) (vi)

• (b) (vi)

• (c) (iv)

Principles

1. If A is asked to do something by B, B is responsible for the act, not A.

2. If A, while acting for B commits a wrong, A is responsible for the wrong, not B.

3. If A is authorised to do something for B, but in the name of A without disclosing B's

presence, both A and B may be held liable.

Facts

Somu contracted with Amar whereunder Amar would buy a pump set to be used in Somu'sfarm. Such a pumpset was in short supply in the market. Gulab, a dealer, had such a pumpset and he refused to sell it to Amar. Amar threatened Gulab of serious consequences if he fails to part with the pumpset. Gulab filed a complaint against Amar.

Proposed Decision

(a) Amar alone is liable for the wrong though he acted for Somu.

(b) Amar is not liable for the wrong, though he is bound by the contract with

Somu.

(c) Somu is bound by the contract and liable for the wrong. (d) Both Somu and Amar are liable for

the wrong.

Suggested Reasons

i) Amar committed the wrong while acting for the benefit of Somu.

ii) Amar cannot do while acting for Somu something which he cannot do while acting for

himself.

iii) Both Amar and Somu are liable since they are bound by the contract.

iv) Somu has to be responsible for the act of Amar committed for Somu's benefit.

Your decision with the reason

• (a) (i)

• (a) (ii)

• (d) (iii)

• (c) (iv)

Principles

1. The owner of a land has absolute interest on the property including the contents over and

under the property.

2. Water flowing below your land is not yours though you can use it.

3. Any construction on your land belongs to you.

4. All mineral resources below the land belong to the State. Facts

There is a subterranean water flow under Suresh's land surface. Suresh constructed a huge reservoir and drew all subterranean water to the reservoir. As a result, the wells of all adjacent property owners have gone dry. They demanded that either Suresh must demolish the reservoir or share the reservoir water with them.

Proposed Decision

(a) Suresh need not demolish the reservoir. (b) Suresh has to demolish the reservoir.

(c) Suresh has to share the water with his neighbours. (d) The Government can take

over the reservoir. Possible reasons

i) Water cannot be captured by one person for his personal use. ii) The Government

must ensure equitable distribution of water. iii) Whatever is under Suresh's land may be

used by him.

iv) Suresh has to respect the rights of others regarding water.

Your decision with the reason

• (a) (iii)

• (b) (i)

• (c) (iv)

• (d) (ii)

No minor can enter into a contract of work. Working in a shop can be done only by a contract. Which of the following derivation is correct?

• A minor cannot work in a shop

• A shop cannot contract with a minor

• There cannot be a contract to which minor is a party

• None of the above.

All motor vehicles are required to have third party insurance. Any vehicle not using a mechanical device is not a motor vehicle.

Which of the following is a correct derivation from the above?

• All Third Party Insurances relate to motor vehicles

• Vehicles not using mechanical device need not have Third Party Insurance

• All vehicles must have Third Party Insurance

• None of the above.