question_answer

Directions This section consists of fifty (50) questions. Each question consists of legal propositions principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.

Principle Qui facit per alium facit per se, i.e., he who does things through others does it himself. Facts Nisha, the owner of a car, asked her friend Saurabh to take her car and drive the same to her office. As the car was near her office, it hit a pedestrian Srikant on account of Saurabh's negligent driving and injured him seriously. Now, Srikant files a suit for damages against Nisha.

A)  Nisha is not liable as it was the negligence of Saurabh

B)  Saurabh is solely liable as Nisha was not driving the car

C)  Nisha is liable as Saurabh was driving under her authority and for her purpose

D)  Saurabh will be exempted from liability under the principle of inevitable accident