1. LEGAL PRINCIPLES:
1. An assault is an act which intentionally causes another person to apprehend the infliction of immediate, unlawful force on a person.
2. A battery consists of an intentional application of force to another person without any lawful justification.
FACTUAL SITUATION: P was in his car when he was approached by a police officer who told him to move the vehicle. P did so, reversed his car and rolled it on to the foot of the police officer. The officer forcefully told him to move the car off his foot at which point P swore at him and refused to move his vehicle and turned the engine off. P was convicted for assaulting a police officer in the execution of his duty. Is he liable for battery or assault?
(a) He is not liable because there cannot be an assault in omitting to act and that driving on to the officer’s foot was accidental, meaning that he was lacking mens rea when the act causing damage had occurred.
(b) He is not liable as the act neither amounts to an attempt nor a threat to commit a battery that amounts to an actionable tort of assault.
(c) P’s crime is not the refusal to move the car but that of having driven on to the foot of the officer and by deciding not to cease the act, he established a continual act of battery.
(d) He is neither liable for assault nor battery as he accidentally drove his car on to the police officer’s foot.
The answers is: (c).
Directions (Qs. 1 to 3): According to a certain code,
(a) ‘min fin bin gin’ means ‘trains are always late’;
(b) gin din cin hin’ means ‘drivers were always punished’;
(c) ‘bin cin vin rin’ means ‘drivers stopped all trains’; and
(d) ‘din kin fin vin’ means ‘all passengers were late’.
1. ‘Drivers were late’ would be written as
(a) min cin din
(b) fin cin din
(c) fin din gin
(d) gin hin min
2. Which word is represented by ‘vin’?
3. ‘hin min kin’ would mean
(a) Always late trains
(b) Passengers are punished
(c) All passenger trains
(d) Passengers are late
The answers are: 1. (b); 2. (a); 3. (b).
In contrast to the earlier predictions, demand for sugarcane has not risen in recent years, even though production amounts and price have also been stable during the last three years. Last year, sugarcane growers increased their profits by more than 10 percent over the previous year’s level.
Any of the following statements, if true, about last year, helps explain the rise in profits EXCEPT
(a) Many sugar factories that are large consumers of sugarcane increased their production of sugarcane-based ethanol, yet their overall consumption of sugarcane decreased.
(b) Rainfall in sugarcane-growing regions was higher than it had been during the previous year, allowing the growers to save money on expensive artificial irrigation.
(c) Sugarcane growers have saved money on wages by switching from paying labourers a daily wage to paying them by the amount harvested.
(d) Many small sugarcane growers joined together to form an association of sugarcane producers and began to buy supplies at low group rates.
The answer is (a).