the following questions have been asked by Tanmayee Sahoo...see if any of you can answer these questions.
1. subodh and manjeet hav been friends for long time .Manjeet, Who resides abroad ,comes down to see sobodh and the two agree to get married .just before the ceremony
Manjeet discover that subodh suffers from EPILEPSY .she seeks to avoid
the contract on the basis of fraud.
PRINCIPLE :-a person actively conceals a fact having
knowledge of the fact ,with the intation to deceive or to induce a
person to enter into a contract is said to hav committed FRAUD.
(i)subodh has committed Fraud because he has not informe Manjeet of a material fact.
(ii)Subodh has committed fraud -manjeet being his friend and trusting
him to give the picture creates a duty on subodh 's part to disclose all
(iii)subodh has not committed fraud because manjeeet shud hav taken care to ensure that subodh was healthy
(iv) subodh has not committed fraud because there was no active concealment on his part.
krishna and arjuna are arch enemies .once when arjuna's house is robbed
,he lodges a criminal complaint reporting the same and in ordered to
take revenge and cause harm to krishna ,says that krishna is guilty of
the same .The police arrested krishna, investigates the complaint and
makes a report to the magistrate stating that krishna is not connected
with the crime .which results in the magistrate discharging krishna
.krishna sues arjuna for the tort of malicious procecution.
PRINCIPLE:-a person who institute a procecution against someone with
out any reasonable cause for the same ,with a malicious intentation
,is guilty of tort of malicuious procecution
(i) arjuna is guilty beause he made the complaint only to seek revenge against Krishna
(ii) arjuna is guilty because he didnt check before complaining that krishna was guilty of theft
(iii) arjuna is not guilty because krishna has not been procecuted .
(iv)none of the above