31.

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'.

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.

'alibi' means a plea by an accused person that he -

• was facing trial.

• was present elsewhere

• underwent preventive detention.

• underwent preventive detention.

Under the Constitution of India restriction on freedom of religion can not be placed on the ground of -

• Public order

• Social justice

• Morality

• Morality

If an authority is holding information about another in a 'fiduciary capacity', the information under the Right to Information Act, 2005 may not be obtainable. 'Fiduciary relationship' is based on:

• Authority

• Law

• Trust

• Trust

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.

'audi alteram partem' means -

• Not connected to facts.

• Giving opportunity of hearing of the other side.

• Following the substantive law.

• Following the substantive law.