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Owing to the negligence of the defendant railway company, the plaintiff and his family were made to get down at the wrong railway station. No accommodation was provided. As a result, the plaintiff's wife caught cold. The plaintiff claimed damages for consequential loss on account of medical expenses incurred for her treatment and her loss due to pay-cut in office. The claim for damages will not succeed on ground of:

Owing to the negligence of the defendant railway company, the plaintiff and his family were made to get down at the wrong railway station. No accommodation was provided. As a result, the plaintiff's wife caught cold. The plaintiff claimed damages for consequential loss on account of medical expenses incurred for her treatment and her loss due to pay-cut in office. The claim for damages will not succeed on ground of: Correct Answer Remoteness of damage

Related Questions

A suit may be dismissed under Order 9 of Code of Civil Procedure, 1908:
1. Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons.
2. Where neither the plaintiff nor the defendant appears.
3. Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons.
4. Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiffs claim.
Principle: A person is duty bound to act with such reasonable caution as a prudent man would have exercised under such circumstances.
Facts: The defendant 'D', built a hay stack near the boundary of his land which bordered the plaintiffs land. He had been warned several times by many in the vicinity over a period of five weeks that the manner in which he built the hay stack was dangerous. The defendant's hay stack had been built with a precautionary "chimney" to prevent the hay from spontaneously igniting, but one day it caught fire. Consequently, the hay ignited and spread to the plaintiffs land, burning down two of the plaintiffs cottages.
Is 'D' liable?
Mark the incorrect proposition:
1. Set-off is a statutory defence to a plaintiff's action, whereas a counterclaim is a cross-action.
2. Set-off and counter-claim arises out of the same transaction.
3. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.
4. Claim for set-off cannot exceed plaintiff's claim, whereas counterclaim can exceed the plaintiffs claim.
5. Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court.
X sues A and B on a promissory note executed by A, B is A's nephew, and he is joined as a defendant on the ground that A and B are member of a joint Hindu family, and that the note was for a debt binding on the family. None of the defendant appears at the hearing and an ex parte decree is passed against both the defendants.
The decree against A proceeds on the ground that the note was passed by him and against B on the ground that the debt was incurred for a family purpose. B applies for an order to set aside the decree, alleging that the summons was not served upon him and that the debt in respect of which the note was passed by A was not incurred for a family purpose. It is not disputed that the amount was actually advanced to A.
Plaintiff was the chairperson of the town meeting. The defendant having been very vociferous, a motion was made and carried out by majority that the defendant be turned out. The defendant said he would rather pull out the plaintiff than he turned out. He advanced menacingly towards the plaintiff with clinched fists, but his advance was prevented by a warden. Decide appropriate civil action against the defendant for his action against the plaintiff.
The defendant did not remove the snow and ice accumulated on his roof as a result of severe snow storm and not warned the public of its presence. The plaintiff standing on the highway outside the defendant's premises is injured by fall of snow. The plaintiff claimed damages. Which one of the following statements is correct?
The defendant is:
Consider the following statement(s).
1. A defendant may set up, by way of a counter-claim against the claim of the plaintiff any right or claim in respect of the cause of action accruing to him.
2. The counter-claim may be submitted by the defendant even after he has delivered his defence.
3. The counter-claim shall not exceed the pecuniary jurisdiction of the court.
Which of the statements given above are correct?
A theft had been committed in the defendant's house. He informed the police that he suspected the plaintiff for the same. Therefore the plaintiff was arrested by the police. A complaint was filed by the defendant but the plaintiff was subsequently discharged by the magistrate as the final report showed that there was no evidence connecting the plaintiff with the theft. The plaintiff filed a suit for damages on the ground of malicious prosecution.
In the above case, which one of the following decisions is correct?
Principle: General rule is that it is for the plaintiff to prove negligence of the defendant. But if the thing causing the injury is under the control of defendant and injury is such as would not occur without negligence, law presumes negligence.
Facts: While performing a surgery for the removal of stones from the kidney of 'A', Dr. 'B' left a mop inside the body of 'A'. 'A' suffered acute pain and has to be operated again for the removal of the mop.
'A' sues Dr. 'B' for damages.
The plaintiff in a suit, onus of all the issues framed wherein is on the plaintiff, during the cross-examination of the defendant and his witnesses produces documents not filed earlier and not executed by the defendant or his witnesses and puts to the defendant and his witnesses the said documents. The said documents are not admitted or acknowledged by the defendant and/or his witnesses and are not admitted into evidence though remain on record.