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Friday, October 16, 2015

Subbu to Pradeepkumar !


16 Oct 15, 12:04 PM

subbu: To NP Sir ! I am not a practising lawyer . The question of application of THE RULE OF A MAN OF ORDINARY PRUDENCE,to my knowledge applies only in circumstances where there are no apparent laws, earlier judgments, or even similar case laws in other countries. 

When a party to the case talks on the basis of a prevailing law or a procedure or an earlier judgment, where is the question of MOP? 

For instance, if you lend me 100 rupees and get a promissory note, and i have not repaid it till after three years, the PN lapses and is not legally valid. But still if you apply MOP i am ethically bound to repay. This is just an example. (I will not ask you anything, and even if i ask, u will not pay to a pensioner! That is another point.) But where the law, an established procedure exists it invariably overrules any rule of a man of ordinary prudence.