Subject : General Principles of Law

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1st SET OF ASSIGNMENTS

Post Graduate Diploma in Medico Legal Systems

(Applicable for 2013-14 batch)

Subject : General Principles of Law

Total: 150 Marks

Answer all questions. All questions carry equal marks.

Q. 1) Define Tort? What do you mean by ‘Injuria Sine Damnum’ &‘Damnum Sine Injuria’. 30

Answer: It isthe area of law that covers the majority of all civil lawsuits. Essentially, every claim that arises in civil court with the exception of contractual disputes falls under tort law. The concept of tort law is to redress a wrong done to a person, usually by awarding them monetary damages as compensation.

Tort law can be split into three categories: negligent torts, intentional torts and strict liability. Negligent torts encompass harm done to people generally through the failure of another to exercise a certain level of care (usually defined as a reasonable standard of care). Accidents are a good example of negligent torts. Intentional torts, on the other hand, refer to

Q. 2) Discuss the Section 304-A of The Indian Penal Code,1860 withspecial reference to Jacob Mathew’s case 30

Answer: J U D G M E N T R.C. LAHOTI, CJI Ashok Kumar Sharma, the respondent no.2 herein filed a First Information Report with police station, Division No. 3, Ludhiana, whereupon an offence under Section 304A read with Section 34 of the Indian Penal Code (for short "the IPC") was registered. The gist of the information is that on 15.2.1995, the informant's father, late JiwanLal Sharma was admitted as a patient in a private ward of CMC Hospital, Ludhiana. On 22.2.1995 at about 11 p.m., JiwanLal felt difficulty in breathing. The complainant's elder brother, Vijay Sharma who was present in the room contacted the duty nurse, who in her turn called some doctor to attend to the patient. No doctor turned up for about 20 to 25 minutes. Then, Dr. Jacob Mathew, the

Q. 3) Discuss the Article 21 of the Constitution of India with referenceto health care system in India? 30

Answer: The Constitution guarantees fundamental rights to its people. Article 21 gives the citizens the Right to Life. As with all fundamental rights, the Right to Life is justiciable. Many other obligations, required to produce an egalitarian society, are enshrined in the Constitution and are listed under Directive Principles of State Policy. These include Article 47, 39 and 38, which argue for the need to raise the level of nutrition, enhance standards of living and improve public health. They also make a case for social justice and sustainable livelihoods.

The Supreme Court has, on many occasions, cited the

Q. 4) Define ‘FREE CONSENT’. What are its components? Giveexamples of your own choice. 30

Answer: Free consent is one of the most important essential elements of a valid contract. The term free consent refers to meeting of free and fresh minds of two parties of an agreement when two parties take and understand, purpose, subject matter and terms and conditions of the agreement in the same sense it is free consent. Both of them must take things in the same way. They must not understand it in different way. An agreement which is made freely it becomes a valid contract due to presence of free consent of both the parties. In any of the free consent of both there will no free consent in the agreement.

Q. 5) A) What is capacity to contract? 30

Answer: Capacity to contract means the legal competence of a person to enter into a valid contract. Usually the capacity to contract refers to the capacity to enter into a legal agreement and the competence to perform some act. The basic element to enter into a valid contract is that s/he much have a sound mind.

Certain class of people are exempted from the category of people who are capable of entering into contract:

Q. B) Define Void Agreements.

Answer: Void agreements are those agreements which are not enforced by law courts. Section 2(g) of the Indian Contract Act defines a void agreement as, “an agreement not enforceable by law”. Thus the parties to the contract do not get any legal redress in the case of void agreements.  Void agreements arise due to the non-fulfillment of one or more conditions laid down by Section 10 of the Indian contract Act. This Section states as follows:  All agreements are contracts if they are made with free consent of parties competent to contract, for a lawful, consideration and with a lawful object, and are not hereby expressly declared to be void.

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