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.
Answer : Option CExplaination / Solution: No Explaination.
•A servant is one who is employed to do some work for his employ er (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'.
Answer : Option CExplaination / Solution: No Explaination.
Q8.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:
Answer : Option CExplaination / Solution: No Explaination.