1. PRINCIPLE: A person, who is usually of unsound mind, but occasionally normal, may make a contract when he is not of unsound mind.
FACTS: ‘A’ generally remains in the state of unsound mind and rarely becomes capable of understanding the things.
(a) ‘A’ can make a contract at any time whenever he pleases.
(b) ‘A’ can make a contract only for his own benefit.
(c) ‘A’ can make a contract when normal.
(d) ‘A’ can never make a contract.
• A servant is one who is employed to do some work for his employer (master). He is engaged 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’.
(a) ‘M’ could not be made liable for the act of ‘C’, as his (C’s) act of driving the vehicle was not in the course of his employment.
(b) ‘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.
(c) ‘M’ could be made liable for the act of ‘C’, as ‘C’ was employed under a contract of service.
(d) ‘M’ is not liable as he was not present at the time of accident.
3. PRINCIPLE: In cases where there is an infringement of legal right even without any actual loss or damage, the person whose right is infringed has a cause of action.
FACTS: ‘P’ was wrongfully prevented by the Returning Officer from exercising his vote in an assembly election. However, the candidate for whom he wanted to cast his vote won the election. Still, he (‘P’) brought an action claiming damages. Which of the following derivations is correct?
(a) ‘P’ would succeed in his action, as it is mandatory to cast vote.
(b) ‘P’ would not succeed in his action, as the candidate for whom he wanted to give his vote won the election.
(c) ‘P’ would not succeed in his action, as he did not suffer any loss in that election.
(d) ‘P’ would succeed in his action, as he was wrongfully prevented from exercising his legal right of voting in that election.
4. PRINCIPLE: Sale of liquor is illegal. All agreements relating to prohibited items do not exist in the eyes of law.
FACTS: ‘A’ entered into an agreement with ‘B’ for the sale of liquor. ‘A’ failed to supply the agreed quantity of liquor to ‘B’.
(a) ‘B’ cannot bring any legal action against ‘A’.
(b ) ‘A’ and ‘B’ can initiate appropriate legal proceeding against each other.
(c) ‘A’ can bring a legal action against ‘B’.
(d) ‘B’ can bring a legal action against ‘A’
Answers: 1 (c), 2 (a), 3 (d), 4 (a)