Law is an "essentially and exclusively a social fact" whose definition of law is this?
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All motor vehicles are required to have third party insurance. Any vehicle not using mechanical device is not a motor vehicle.
Which of the following is correct derivation from the above?
Principle: Defamation is the publication of a statement which tends to lower reputation of a person in the estimation of other members of the society generally.
Facts: 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly of 'B' in a sealed cover.
Principle: Letters or words not describing quality of things can be registered as a trade mark.
Facts: Ram made an application for registration of alphabet 'B' written in a fancy style as trade mark to be applied on packets and cartons of shoes manufactured by him.
Principle: Import means bringing some consignment into India from a foreign country.
Facts: A consignment from Sri Lanka entered the territorial waters of India. However, this consignment never crossed the Indian custom barrier nor did it enter into the stream of commerce in India.
Principle: Whoever takes away any moveable thing form the land of any person without that person's consent, he is said to have committed theft.
Facts: During his visit to the house of 'C', 'A' asked 'B' the son of 'C', to accompany 'A' to the forest. Neither 'A' nor 'B' informed 'C' in his regard. 'B' accompained 'A' to the forest.
Principle: Mere silence as to facts lakely to affect the decision of a person to enter into a contract is not fraud.
Facts: 'A' sells to 'B'(A's daughter who is minor) a horse which 'A' knows to be unsound. 'A' says nothing to 'B' about the unsoundness of the horse.
Principle: Existence of all the alleged facts is relevant, whether they occurred at the same time and place or at different times and places.
Facts: 'A', a citizen of England, is accused of committing murder of 'B' in India by taking part in a conspiracy hatched in England.
Principle: A person, who is usually of unsound mind, but occasionally normal, may make a contract when he is not of unsound mind.
Facts: 'A' generally remains in the state of unsound mind and rarely becomes capable of understanding the things.
The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Any direct physical interference with the goods in somebody's possession without lawful justification is called trespass to goods.
FACT: A purchased a car from a person who had no title to it and had sent it to a garage for repair. X, believing, wrongly, that the car was his, removed it from the garage.
Principle: False imprisonment is a tort(wrong) which means the total restraint of a person's liberty without lawful justification.
Facts: A part of a public road had been closed for spectators of a boat race. 'P' wanted to enter but he was prevented by 'D' and other policemen because he had not paid the admission fee. 'P' was able to enter the enclosure by other means but was unable to go where he wanted to go. The policemen refused access to where he wanted to go but allowed him to remain where he was or to go back. 'P' remained.
Within the enclosure and refused to leave. Subsequently, 'P' sued 'D' for false imprisonment.
Principles:
(i) A person is said to abet the doing of a thing when he instigates any other person to do that thing.
(ii) Mere acquiescence, however, does not amount to instigation.
Facts: 'A' says to 'B': I am going to kill 'C'. "And and B' replies."Do as you wish and take the consequences"; whereafter 'A' kills 'C'.
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