Criminal Law (BNS / IPC): In 'Law of Torts: Negligence, Duty of Care, Volenti Non Fit Injuria and Strict/Absolute Liability':
Principle: Nothing is an offence which is done in the exercise of the right of private defence, provided the harm inflicted is not disproportionate to the apprehension caused.
Facts: An unarmed thief snatches a purse and runs away. The owner draws a licensed firearm and shoots the thief in the back from 40 yards, causing death. Can the owner claim the right of private defence of property?
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Law of Contracts: In 'Law of Torts: Negligence, Duty of Care, Volenti Non Fit Injuria and Strict/Absolute Liability':
Principle: An agreement without consideration is void, unless it is expressed in writing and registered, made on account of natural love and affection between parties standing in near relation to each other.
Facts: An uncle verbally promises his nephew Rs. 5,00,000 if he passes CLAT in the top 100 ranks. The nephew succeeds, but the uncle refuses to pay. Can the nephew enforce the verbal promise in court?
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