'K' and one other person start a business in equal partnership take a written signed legal contract from each other.After 3 months other one suddenly stops taking part in business. K goes in his house with two musclemen and robbes expensive articles from his house to get his damages paid.'K' gets arrested. In the court 'K' shows that signed contract and tells ''it was my right'' to save himself. ...where 'K' was wrong? what will be the judgement and WHY?
2007-04-08 07:59:17 · 5 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
When a person goes with two musclemen to extract his dues & use the plea of self defense by no stretch of mind any one will call this an act of self defense. The law provides the use of force for self defense to the limit it does not harm another to such an extend that it look more of an attack rather then self defense, minimum force has to be used for self defense to avoid criminal charges against oneself. A person takes two muscleman damages 'k's properties & comes out with a plea of self defense cannot stand the rule of the law in such cases.
2007-04-08 20:46:53 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
K goes to jail for comitting (armed) robbery, a felony by any and all accounts. No contract is enforcable in court if it endorses committing a felony, and no one can use the sanctity of a contract as an excuse for committing a felony. Furthermore, unless K can prove that he was threatened with bodily harm by his business partner (and ONLY him!), there is absolutely no way to justify the robbery through self-defense.
That being said, K can concurrently (and unrelatedly) sue the other person for breach of contract after failing to live up to his signed obligations. If the other person opted out of his responsibilities and damaged the joint business venture as a result, K can sue for the lost revenue as well as punitive damages incurred by the loss of the business venture and the extra work he had to take on as a result.
2007-04-08 08:02:10 · answer #2 · answered by gallo 3 · 0⤊ 0⤋
This judgement is dependant on what grounds the case is being fought. If the case is against the ruling that k illegaly entered the 'other ones' property then he would be found guilty. The two men accompanying k would be judged accordingly in accordance with thier involvement in the situation. although k argues it was 'his right' to save himself. this is not a substansial argument under law. The ruling party may take into consideration the the aggrevated situation in the decision, it would not be possible to throw the case out under this though.
2007-04-08 08:15:47 · answer #3 · answered by Anonymous · 0⤊ 0⤋
K may be justified for compensation concerning their partnership, but the thief of the others property by force is illegal.
Proper disillusion should be made by agreement or adjudication
2007-04-08 08:10:10 · answer #4 · answered by Anonymous · 1⤊ 0⤋
no K was not wrong,i thing u should go and fight with courte notice.
first ofall you should to try to manage and otherwise you should a take action like FIR with written for any accident,than if you got the police protection than your partner will dont to able to take any action with you.after than you should to try for courte case.i hope this is the right step for u.
2007-04-08 10:16:46 · answer #5 · answered by Atul K 1 · 0⤊ 0⤋