Principle: Causing of an effect partly by an act and partly by an omission is an offence.
Facts: 'A' confined her daughter 'D' in a room. 'A' also did not provide any food to her daughter 'D'. Consequently, 'D' died of starvation.

• 'A' committed the offence of confining 'D'.

• 'A' committed the offence of causing death of 'D'.

• 'A' committed no offence.

• 'A' committed no offence.

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 h e directs him to do some careless acts.
Facts: Ramesh hired a taxi-cab to go to Delhi Airport. As he started l ate 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.

• Ramesh would be held liable for damages as he exercised the control by giving directions to the driver.

• Ramesh would not be held liable for damages because the drive r was an independent contractor and not his servant.

• Ramesh would not be held liable for damages because Ramesh did not know the consequences of such rash driving.

• Ramesh would not be held liable for damages because Ramesh did not know the consequences of such rash driving.

Principle: An agreement may be entered into orally or in writing, or by conduct.
Facts: 'A' went to the shop of 'B' and picked a toothbrush and gave a cheque of Rupees twenty to 'B' and left the shop.

• Payment of toothbrush cannot be made through a cheque.

• 'A' did not enter into an agreement with 'B'.

• 'A' should have carried a currency note of Rupees twenty to make the payment.

• 'A' should have carried a currency note of Rupees twenty to make the payment.

Principle: Law never enforces an impossible promise.
Facts: 'A' made a promise to 'B' to discover treasure by magic.

• Law will not enforce the promise .

• Law will enforce the promise.

• Law will enforce the promise only at the option of 'A'.

• Law will enforce the promise only at the option of 'A'.

Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e, readiness to bear harm.
Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.

• Driver can take the plea that he was lightly intoxicated.

• Lady is not entitled to claim compensation as she had knowledge of the risk.

• Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk.

• Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk.

Principles:
• A person is said to abet the doing of a thing when he instigates any other person to do that thing.
• Mere acquiescence, however, does not amount to instigation.
Facts: 'A' says to 'B': I am going to kill 'C'. And, 'B' replies: 'Do as y ou wish and take the consequences'; where after 'A' kills 'C'.

• 'B' has not abetted 'A' to kill 'C'.

• 'B' has abetted 'A' by conspiracy.

• 'B' abetted 'A' to kill 'C'.

• 'B' abetted 'A' to kill 'C'.

467.

Principles:
• A servant is one who is employed to do some work for his employ er (master). He isengaged under a contract of service. He works directly under the control and directions of his master.
• In general, the master is vicariously liable for those torts (wrongful acts) of his servant which are done by the servant in the course of his employment.

Facts: 'M' appointed 'D' exclusively for the purpose of driving his tourist vehicle. 'M' also appointed 'C' exclusively for the purpose of performing the work of a conductor for the tourist vehicle. During one trip, at the end of the journey, 'C', while 'D' was not on the driver's seat, and apparently for the purpose of turning the vehicle in the right direction for the next journey, drove it through the street at high speed, and negligently injured 'P'.

• 'M' could be made liable for the act of 'C', as his (C's) act of driving the vehicle was within his scope of employment.

• 'M' is not liable as he was not present at the time of accident.

• 'M' could not be made liable for the act of 'C', as his (C's) act of d riving the vehicle was not in the course of his employment.

• 'M' could not be made liable for the act of 'C', as his (C's) act of d riving the vehicle was not in the course of his employment.

Which one of the following is not a Directive Principle of State Policy under Part IV of the Constitution of India?

• Promotion of adult education.

• Promotion of International peace and security.

• Organisation of village panchayats.

• Organisation of village panchayats.

Which among the following was described by Dr. B. R. Ambedkar as the "heart and soul of the Constitution of India"?

• Right to Constitutional Remedies

• Right to equality

• Freedom of Religion

• Freedom of Religion

'obiter dicta' means -

• Direction by a judge.

• Basis of judicial decision.

• Judgment of a court in the case before it.

• Judgment of a court in the case before it.