If someone faces damages due to wrong advice of his friend; can that friend be punished (India)? see details.?

Question

Imagine someone 'P' sends his child in some expensive scool suggested by his friend 'N'.
'P' gets good reports about that scool from 'N'.
But few months later after admission 'P' feels that his child is not studying well there ; that scool's staff is also not good and moreover P's child gets many new bad habits in that scool .
'P' blames his friend 'N' for this all..
Can 'P' sue 'N' for all damages he suffered (India)???

Answer 1

I agree with chandrasekhara nk that such things were being discussed in law classes & we used to ask all sort of imaginative cases from our professor to understand the basics of legal statute properly. Either all you kids are law students & want such questions asked by your professor for moots to be discussed & clarified here by legal professionals or this you are doing just for curiosity sake. I still remember of such student wrote to me personal mail requesting me to help for his moots, which I did two three times but then I stopped doing it, now if you guys yourself will not apply your mind & understand how a statute or principle of law as to be applied on a particular problem how will you learn. Now here you have raised a question that related to law of Torts or the civil wrong for which your professor must have told you the very first day that such cases are not so popular in India as in the western world were even for small civil wrong anyone is sued for damages, moreso we don't have any enactment specially legislated for such civil wrongs & damages concerning them. Usual cases such concerning negligence, defamation, are being taken to courts for adjudication, but such small torts or civil wrongs as you mention are rarely brought for adjudication. In the present case the very fact 'P' acted on the advice of 'N' to do an act which otherwise he would not have do definitely amounts to a civil wrong & can be covered under the law of torts for damages. Here what is required to be seen the malice of 'N' in advising 'P' that made him suffer by following his advice. The advice given on good faith by 'N' to 'P' will not be covered in such case but if there exist the ingredient of malice then definitely such malious act of 'N' make him liable for damages which 'P' can claim from him. Here I would like to point out that any person who faces any malicious prosecution can claim damages from the complainant & many a times such matters have been decided in favor of the aggrieved party by the Indian courts. Any person who can bring the sufficient evidence to the satisfaction of the court with regards to malice gets damages for any wrong he suffered, but unfortunately in practice its very difficult for any one to procure such a direct evidence regarding malice & try it out by way of circumstantial evidence only for which courts have to decide very judiciously so no injustice is done while allowing such damages in any such case if at all.

Answer 2

P should look for reasons in his own backyard as to why his son is not studying well. Is his son good enough for the school staff to make anything out of?
Did his son pick up the bad habbits from himself ('P')?
Is N's own son still studying in the same school or he has gone off to greener pasteurs himself.
P should learn to take blame for what went wrong instead of blaming N, unless the decision was taken under due coersion at gun point.
P can surely sue N in India, (ask the many unemployed lawyers in the country willing to take up the case. They will assure victory) The case will probably get decided when P's grand sons have retired from useful service, and probably N's grandsons have migrated to some other state in developed India.
But one should never be discouraged from trying.

Answer 3

I don't know anything about India's legal system or how much authority their courts have over there, but I think such a situation is purely a personal matter and should not be something for the government and the courts to get involved in. How would you place a specific monetary value on a perceived wrong that is so vague and subjective anyway? The unfortunate fact is life isn't always fair, that doesn't mean somebody has to be sued for it.

Answer 4

I don't think so. Your friend is of legal age. Even if his friend recommends that the said school is okey and he believe it and enroll his child there, later on he cannot complain if something went wrong. Because he should have inquired first of what kind of school is that and should not just rely on what his friend said. He cannot demand any damages because he was not forced to do something, he did the act of enrolling his child there in his own volition and without force on the part of his friend.

Answer 5

No. Mere suggestion and giving information is not a crime.
If a child does not study well or picks up bad habits, it is the
child's back ground, the parentage, friends, and the school atmosphere are to be investigated.

Answer 6

No one forced P to take his friends advice. P should have done his own research. And what works out well for N may not work out well for P and that's not N's fault. Remember, advice is free, and you get what you pay for. Weigh all advice well, YOU are responsible for the decisions that YOU make.

Answer 7

in this case, i doubt a legal action can be taken against a friendly adviser. if it was a professional advice, legal action can be taken. in other situation like, a friend advising to revolt against the state, in this case though the advise is not professional legal action still can be taken.

Answer 8

In u.s., if I have been "N" and you have been "P", then specific, you ought to attempt to sue me for damages. you are able to sue for something you opt for, proving to the choose which you have a valid criticism is your first hurdle. the 2d hurdle would be improving from the wear i might do when I ******-punched you after receiving the summons from my so-talked approximately as buddy with the lazy, social gathering-loving, college pupil.

Answer 9

"P" lets someone else dictate his actions? "P" should be punished for not having a mind of his own. Take responsibility for your own mistakes.

Answer 10

why r u asking a such questions.......u know its answer well my friend