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Principle: A person who voluntarily takes a decision to do something after appreciating the risk involved in such act and then receives an injury, will not be entitled to get any compensation.
Facts: 'X', an electrical engineer, was invited by his friend 'Y', to the factory where he was employed. While they were in the factory, 'Q' a worker in the factory informed 'Y' about some short-circuit in the power room. Hearing this, 'Y' asked 'X' to stay in the office room and rushed to the power room. 'X' however, decided to follow 'Y'. 'X' noticed that if the power supply through a particular electric line could be disconnected, the electrical leakage could be stopped which would prevent further damage. Suddenly 'X' decided to pullout the wire manually even though it was risky. This resulted in a blast in which both 'X' and 'Y' got injured. 'X' had to spend Rs. 1 lakh at the hospital for his treatment. 'X' wants to file a suit for compensation from the management of the factory. Will he succeed?

Principle: A person who voluntarily takes a decision to do something after appreciating the risk involved in such act and then receives an injury, will not be entitled to get any compensation.
Facts: 'X', an electrical engineer, was invited by his friend 'Y', to the factory where he was employed. While they were in the factory, 'Q' a worker in the factory informed 'Y' about some short-circuit in the power room. Hearing this, 'Y' asked 'X' to stay in the office room and rushed to the power room. 'X' however, decided to follow 'Y'. 'X' noticed that if the power supply through a particular electric line could be disconnected, the electrical leakage could be stopped which would prevent further damage. Suddenly 'X' decided to pullout the wire manually even though it was risky. This resulted in a blast in which both 'X' and 'Y' got injured. 'X' had to spend Rs. 1 lakh at the hospital for his treatment. 'X' wants to file a suit for compensation from the management of the factory. Will he succeed? Correct Answer No, as 'X' was aware of some risk in his action and still decided to take the risk

Related Questions

Study the following information carefully to answer the question given below. Following are the qualifications and conditions for certain posts in a "XYZ" company. The candidate must: a) be an engineering graduate with at least 70% marks. b) be not less than 21 years and not more than 26 years of age as of 01/04/2018. c) have passed the written test with at least 60% of marks. d) be willing to pay a deposit of Rs. 2.5 lakh, to be refunded on completion of probation & training. If the candidate satisfies (a)-(d) he/she would be referred to as Engineer. However, if the candidate satisfies all the above, except: (i) at (a), has appeared for final semester exam; result yet to be declared; has 75% average marks up to the seventh semester; would be referred as Project-Engineer. (ii) at (a), has done diploma in engineering with 75% of marks, would be referred as Asst. Engineer. (iii) at (d), is willing to pay Rs. 1.5 lakh as a security deposit, would be referred to as Engineer-Trainee. (iv) at (b), even if age is above 26 years as of 1/4/18, but with 3 years of experience, would be referred as a Senior-Engineer. Pranita has completed her B. E. in electronics with 71% of the marks. She also has cleared the written tests with 75% of the marks. She is 22 years old as of May 2018. She is willing to pay a security deposit of Rs. 1.5 lakh. For which position will she be referred?
Principle: A plaintiff who suffers some injury will be entitled to receive compensation even if he suffers no loss.
Factual Situation: Reddy was a strong political worker of Party X. He was proceeding to the poling booth at about 7:30 am, to cast his vote in favour of Mr. Naik, his party candidate. On the way, the State Police officials suspected Reddy to be an anti-social element and took him into custody for questioning. Reddy pleaded with the officials that he was a genuine voter and had no previous criminal records and requested them to allow him to cast his vote. The officials allegedly detained him in custody till about 4:45 pm and thereafter released him, recording that they could not find any thing against him. By the time Reddy reached the poling booth the polling time was over and he could not vote for Mr. Naik. When the results were declared Mr. Naik got a Majority of over 6000 votes and Party X got the majority to form the Government. Reddy files a suit for compensation against the State.
Arrange the sentences in the correct order to form a meaningful sequence. 1. A man with a serious illness was wheeled into a hospital room where another patient was resting on a bed next to the window. P. As the two became friends, the one next to the window would look out of it. Q. Some days he would describe the beauty of the trees in the park across from the hospital and how the leaves danced in the wind. R.  On other days, he would entertain his friend with step - by – step replays of the things people were doing as they walked by the hospital. S. He would spend the next few hours delighting his bedridden companion with vivid descriptions of the world outside. 6.  However, as time went on, the bedridden man grew frustrated at his inability to observe the wonders his friend described
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
Principle: A person becomes liable for his negligence when he owed a duty of care to others.
Facts: A train was leaving the platform. Dhiraj rushed and boarded the moving train. He was carrying a parcel of long wooden reapers. Even though Dhiraj managed to enter the train, the parcel was protruding out through the compartment door. Mohit, who came to see off his friend, was standing on the platform waiting for the train to move. The protruding parcel hit Mohit on his chest. Mohit claims compensation for the injury from Dhiraj. Will Mohit succeed?
Principle: An occupier or owner of land owes a duty to warn a suspected trespasser of deadly conditions on the land which would be hidden to a trespasser, but of which the property owner is aware.
Factual Situation: Shiva, the owner of a Fire Cracker Factory owned a large plot of land, which he used for testing his crackers. One day while he was about to set fire to some special crackers, he noticed some children wandering on his land. Shiva did not pay any attention to the children as according to him they were trespassers. He set fire to the test crackers. One of the crackers which was supposed to ignite a series of crackers up in the sky at a height of 100 metres, did not burst in the sky. Instead, it fell to the ground and exploded, injuring one of the children. In a suit for compensation initiated by the parents of the injured child, how would you decide?
Which of the following statements are true/false?
1. Every worker who has worked fora period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages.
2. A worker who has been allowed leave for not less than four days, in the case of an adult, and five days, in the case of a child shall, before his leave begins, be paid the wages due for the period of the leave allowed.
3. If a worker works in a factory works for more than nine hours in any day or for more than 40 hours in any week, he shall, in respect of overtime work, be entitled to wagesat the rate oftwicehis ordinary rate of wages.4. The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest, they shall not spread over more than eleven and a half hours in any day.
A' had only one good eye. He was employed by 'B' on a work in which some risk to the eye by injury was clear. However, the risk was not so great as to necessitate supply of protective goggles to the workmen with both eyes good. 'B' knew the fact that 'A' had only one good eye but did not supply protective goggles to 'A' because no other workman was supplied with protective goggles. During the course of employment, the good eye of 'A' was injured. 'A' brought an action in tort.
A' is the owner of a furniture shop and 'B' is employed in that shop as a delivery-man. In which of the following cases, 'A' would be liable in a suit filed by the injured plaintiff 'C' for the action of 'B'?
Case 1. One day, 'B' was on his delivery route when he met his friend 'D'. 'D' requested 'B' to drop him at the railway station as he was getting late for the train. 'B' drove very fast and while returning back from the railway station, 'B' negligently ran over 'C'.
Case 2. One day, 'B' was on his delivery route when he met 'D'. As both had met after long time, 'B' decided to have lunch with his friend 'D'. 'B' drove out of his way to a nearby restaurant and had lunch there. While driving back from there, 'B' negligently ran over 'C'.
Rohan opens a computer hardware shop in Jaipur after completing a course in computer hardware management. He has employed eleven persons in his showroom. For greater productivity, he divides the work into small tasks and each employee is trained to perform his/her specialised job. The sales persons are allowed to close a deal with a buyer by giving a maximum of 10% discount, whereas the decision to give any further discount rests with Rohan as the final authority. In the earlier days of starting of the business, five of his employees were asked to put in extra hours of work. In return he had promised to give them a special incentive within a year. Therefore, after six months when the business was doing well, he awarded a cash bonus to each of these employees to honour his commitment. However, when it comes to settling the conflicts among his employees, he tends to be more biased towards his male employees.Identify the principle of management which is being violated by Rohan.