Principle: Nothing is an offence which is done by a child under twelve years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.
Facts: Himesh, 11 years old boy, picks up a gold ring worth (Rs.5,000 lying on a table in his friend's house and immediately sells it for (Rs. 2000, and misappropriates the money.
Principle: Nothing is an offence, which is done by accident or misfortune and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Facts : 'A' takes up a gun, not knowing whether it is loaded or not, points it playfully at 'B' and pulls the trigger. Consequently, 'B' falls dead.
Principle: Import means bringing some consignment into India from a foreign country.
Facts: A consignment from Sri Lanka entered the territorial waters of India. However, this consignment never crossed the Indian custom barrier nor did it enter into the stream of com- merce in India.
Principle: Existence of all the alleged facts is relevant, whether they occurred at the same time and place or at different times and places.
Facts: 'A', a citizen of England, is accused of committing murder of 'B' in India by taking part in a conspiracy hatched in England.
Principle: Copyright law protects only work. 'Work' means cinematographic film but does not include performance by an actor in a cinematographic film.
Facts : Alia Bhatt acted in a movie
A.
The acting of Alia Bhatt can be protected under copyright law as professional workPrinciple: Acceptance of proposal must be the exact mirror image of the proposal.
Facts: 'A' made a proposal to 'B' to sell a chair for Rs. 500. 'B' expressed his desire to buy the said chair for Rs. 400
Principle: Law never forces an impossible promise.
Facts: 'A' made a promise to 'B' to discover treasure by magic.
Principle: A person, who is usually of unsound mind, but occasionally normal, may take a contract when he is not of unsound mind.
Facts: 'A' generally means in the state of unsound mind and rarely becomes capable of understanding the things.
Principle:
● An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for services. He undertakes to produce a given result, and in the actual execution of the work, he is not under the direct control or following directions of his employer. He may use his own discretion in execution of the work assigned.
● In general, an employer is not liable for the torts (wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.
Facts: Ramesh hired a taxi-cab to go to Delhi Airport. As he started late from his home, he kept on urging the taxi-driver to drive at a high speed and driver followed the directions; and ultimately due to high speed an accident took place causing injuries to a person.
Principle : Mere silence as to facts likely to affect the decision of a person to enter into a contract is not fraud.
Facts : 'A' sells to 'B' ('A' s daughter who is minor) a horse which' A' knows to be unsound. 'A' says nothing to 'B' about the unsoundness of the horse.