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Standard XII
Physics
Finding Friction's Direction
LEGAL PRINCIP...
Question

LEGAL PRINCIPLE: Nothing is an offence, which is done by accident of 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.
FACTUAL SITUATION: A is a woodcutter. One day when he was at work, a number of children flocked to him and asked him to make a cricket ball for them. Without listening to them he continued to chop woods using a heavy axe. Suddenly a piece of chopped wood flew and struck one child who was standing just two feet away from him as a result of which the child lost his one eye?

A
A is liabe for causing injury to child
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B
A is not liable because it was merely an accident
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C
A is not liable because children flocked to him
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D
A is liable because he has the knowledge that the boys standing near him may get hurt
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Solution

The correct option is D A is liable because he has the knowledge that the boys standing near him may get hurt
The essentials for an act to be an accident are as follows-
1. When the act is without criminal intention or knowledge that it is likely to cause harm.
2. Done in a lawful manner by lawful means.
3. By taking proper caution and care.
Here, A did not have the criminal intention to harm the boys. But he had the knowledge that chopping wood so close to the boys can cause harm to the boys. Therefore he liable as then the act will not be an accident.

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Q. 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 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 'B' and pulls the trigger. Consequently, 'B' falls dead.
Q. LEGAL PRINCIPLE: An independent contractor is one who is employed to do some work of his employer. He is engaged under 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.

FACTUAL SITUATION: 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.

Q. Principles :
- 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 come careless acts.
Facts : Ramesh hired a taxi cab to go to Delhi Airport. As he stated 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.
Q. PRINCIPLE: A Master is liable for the acts of his servant as long as he can control the working of his servant.

FACTUAL SITUATION: A owned a taxi agency. She had hired B to drive one of her cars. On 1st January, 2010, C called up A's taxi agency and asked for a car to drop him from his house to his place of work. On the way, because of the driver's negligence, the car hit a road divider and C was injured. He sued A for damages.

DECIDE.

Q. Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Legal Principle: Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to a person or property.

Facts: Mr. Sharman, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably runs down a boat B, with 20 to 30 passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur the risk of running down a boat C with only two passengers on board and which he may possibly clear.

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