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All questions of Unit 2 - Topics of Law (Law of Property) for Humanities/Arts Exam
Principle: Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.
Facts: 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bed room of the house. 'A' used 'B' for trespass.- a)'B' has interfered with privacy of 'A'
- b)'B' has committed no trespass as he entered the house with 'A's consent
- c)'B' has offended 'A' by moving to bed room
- d)'B' has committed trespass as there was no consent of 'A' for entry in the Bed room
Correct answer is option 'B'. Can you explain this answer?
Principle: Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.
Facts: 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bed room of the house. 'A' used 'B' for trespass.
Facts: 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bed room of the house. 'A' used 'B' for trespass.
a)
'B' has interfered with privacy of 'A'
b)
'B' has committed no trespass as he entered the house with 'A's consent
c)
'B' has offended 'A' by moving to bed room
d)
'B' has committed trespass as there was no consent of 'A' for entry in the Bed room
|
Rohit Sharma answered |
B has not committed tresoass in above case as A has invited B in his house . And , bedroom is just a part of his house . B can enter his house without any bad intention to cause injury or physical harm . Trespass can be determined as the illegal action done legitimately and deliberately to make the mischief another property can be named as trespass. It is of two sorts of common and criminal wrong. It is so on the grounds that it can have two various types of wounds for example it can prompt the infringement of human rights which prompts the harms .
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Principle: Import means bringing some consignment into India from a foreign country.
Facts: A consignment from Sri Lanka entered the territorial waters of India. However, this consignment never crossed the Indian custom barrier nor did it enter into the stream of commerce in India.- a)The consignment will only be imported into India when it enters into the stream of commerce in India
- b)The consignment was not imported into India
- c)The consignment was imported into India
- d)The consignment will only be imported into India when it crosses the Indian custom barrier.
Correct answer is option 'C'. Can you explain this answer?
Principle: Import means bringing some consignment into India from a foreign country.
Facts: A consignment from Sri Lanka entered the territorial waters of India. However, this consignment never crossed the Indian custom barrier nor did it enter into the stream of commerce in India.
Facts: A consignment from Sri Lanka entered the territorial waters of India. However, this consignment never crossed the Indian custom barrier nor did it enter into the stream of commerce in India.
a)
The consignment will only be imported into India when it enters into the stream of commerce in India
b)
The consignment was not imported into India
c)
The consignment was imported into India
d)
The consignment will only be imported into India when it crosses the Indian custom barrier.
|
Amita Das answered |
The consignment was entered into India . When the goods or merchandise enters the border of that particular country for the consignment contract is said to be entered . Consignment is defined as a business course of action in which a business, likewise alluded to as a recipient, consents to pay a dealer, or agent, for stock after the thing sells.
The business acknowledges things available to be purchased and consents to pay the merchant a level of the returns if and when the products do sell.
The business acknowledges things available to be purchased and consents to pay the merchant a level of the returns if and when the products do sell.
Principle: A person is said to have committed assault when an apprehension is caused in the mind of a person that he is about to use physical force against his body.
Facts: 'A' abuses 'B' while he was sitting in a moving train, by aggressively shaking his fists when 'B' was standing on the railway platform at a distance.- a)'A' has caused apprehension of assult in the mind of 'B'
- b)'A' has committed assault against 'B'
- c)A has not committed assault against 'B'
- d)'A' has caused fear of assault in the mind of 'B'
Correct answer is option 'C'. Can you explain this answer?
Principle: A person is said to have committed assault when an apprehension is caused in the mind of a person that he is about to use physical force against his body.
Facts: 'A' abuses 'B' while he was sitting in a moving train, by aggressively shaking his fists when 'B' was standing on the railway platform at a distance.
Facts: 'A' abuses 'B' while he was sitting in a moving train, by aggressively shaking his fists when 'B' was standing on the railway platform at a distance.
a)
'A' has caused apprehension of assult in the mind of 'B'
b)
'A' has committed assault against 'B'
c)
A has not committed assault against 'B'
d)
'A' has caused fear of assault in the mind of 'B'
|
|
Rajesh Gupta answered |
A has not committed assault against B. As ,there was no physical contact between them . He don't have any intention to hurt a and even no physical contraction is present .Assault is defined as an act to cause harm to another or causing physical injury to another .
Principle: Letters or words not describing quality of things can be registered as a trade mark.
Facts: Ram made an application for registration of alphabet 'B' written in a fancy style as trade mark to be applied on packets and cartons of shoes manufactured by him.- a)The alphabet 'B' can be registered as trade mark because it describes the quality of things
- b)The alphabet 'B' cannot be registered as trade mark because it is an English letter
- c)The alphabet 'B' can be registered as trade mark
- d)
The alphabet 'B' cannot be registered as trade mark because it belongs to humanity
Correct answer is option 'C'. Can you explain this answer?
Principle: Letters or words not describing quality of things can be registered as a trade mark.
Facts: Ram made an application for registration of alphabet 'B' written in a fancy style as trade mark to be applied on packets and cartons of shoes manufactured by him.
Facts: Ram made an application for registration of alphabet 'B' written in a fancy style as trade mark to be applied on packets and cartons of shoes manufactured by him.
a)
The alphabet 'B' can be registered as trade mark because it describes the quality of things
b)
The alphabet 'B' cannot be registered as trade mark because it is an English letter
c)
The alphabet 'B' can be registered as trade mark
d)
The alphabet 'B' cannot be registered as trade mark because it belongs to humanity
|
Anand Das answered |
Explanation:
Alphabet B can be registered as a trademark:
- In this case, the alphabet B is not describing the quality of the shoes manufactured by Ram.
- Since the application is for a fancy styled alphabet B to be used on packets and cartons of shoes, it is not a descriptive term for the product itself.
- The alphabet B, in this context, serves as a unique identifier for the brand and does not directly describe the characteristics or quality of the shoes.
Conclusion:
- Therefore, the alphabet B can be registered as a trademark in this scenario as it does not describe the quality of the goods but rather functions as a distinctive symbol for the brand.
Alphabet B can be registered as a trademark:
- In this case, the alphabet B is not describing the quality of the shoes manufactured by Ram.
- Since the application is for a fancy styled alphabet B to be used on packets and cartons of shoes, it is not a descriptive term for the product itself.
- The alphabet B, in this context, serves as a unique identifier for the brand and does not directly describe the characteristics or quality of the shoes.
Conclusion:
- Therefore, the alphabet B can be registered as a trademark in this scenario as it does not describe the quality of the goods but rather functions as a distinctive symbol for the brand.
Principle: Whoever takes away any moveable thing form the land of any person without that person's consent, he is said to have committed theft.
Facts: During his visit to the house of 'C', 'A' asked 'B' the son of 'C', to accompany 'A' to the forest. Neither 'A' nor 'B' informed 'C' in his regard. 'B' accompained 'A' to the forest.- a)'A' has committed theft as soon as the entered the house of 'C'
- b)'A' has not committed theft
- c)'A' has committed theft
- d)'A' has not committed theft till 'B' did not accompany him
Correct answer is option 'B'. Can you explain this answer?
Principle: Whoever takes away any moveable thing form the land of any person without that person's consent, he is said to have committed theft.
Facts: During his visit to the house of 'C', 'A' asked 'B' the son of 'C', to accompany 'A' to the forest. Neither 'A' nor 'B' informed 'C' in his regard. 'B' accompained 'A' to the forest.
Facts: During his visit to the house of 'C', 'A' asked 'B' the son of 'C', to accompany 'A' to the forest. Neither 'A' nor 'B' informed 'C' in his regard. 'B' accompained 'A' to the forest.
a)
'A' has committed theft as soon as the entered the house of 'C'
b)
'A' has not committed theft
c)
'A' has committed theft
d)
'A' has not committed theft till 'B' did not accompany him
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|
Rajesh Gupta answered |
There is no theft in the above case as there's no stealing or moving of any object from one place to another without any ntention . As there is no object discussed there's no theft . Theft means stealing or moving someone's property with his/her consent intentionally .
Principles:
(i) A person is said to abet the doing of a thing when he instigates any other person to do that thing.
(ii) Mere acquiescence, however, does not amount to instigation.
Facts: 'A' says to 'B': I am going to kill 'C'. "And and B' replies."Do as you wish and take the consequences"; whereafter 'A' kills 'C'.- a)'B' has not abetted 'A' to kill 'C'
- b)'B' has abetted 'A' by conspiracy
- c)'B' abetted 'A' to kill 'C'
- d)'B' is jointly liable with 'A' for killing 'C'
Correct answer is option 'C'. Can you explain this answer?
Principles:
(i) A person is said to abet the doing of a thing when he instigates any other person to do that thing.
(ii) Mere acquiescence, however, does not amount to instigation.
Facts: 'A' says to 'B': I am going to kill 'C'. "And and B' replies."Do as you wish and take the consequences"; whereafter 'A' kills 'C'.
(i) A person is said to abet the doing of a thing when he instigates any other person to do that thing.
(ii) Mere acquiescence, however, does not amount to instigation.
Facts: 'A' says to 'B': I am going to kill 'C'. "And and B' replies."Do as you wish and take the consequences"; whereafter 'A' kills 'C'.
a)
'B' has not abetted 'A' to kill 'C'
b)
'B' has abetted 'A' by conspiracy
c)
'B' abetted 'A' to kill 'C'
d)
'B' is jointly liable with 'A' for killing 'C'
|
Akshat Sen answered |
B does not respond and does not take any action to stop A from killing C. A goes ahead and kills C.
Analysis:
Based on the given principles, to be considered as abetting, A needs to instigate B to kill C. Mere acquiescence, which means silently accepting or agreeing without actively instigating, does not amount to instigation.
In this scenario, A simply informs B about their intention to kill C but does not actively encourage or provoke B to take any action. B does not respond or take any action to stop A from killing C. B's silence or lack of response does not amount to instigation.
Therefore, based on the given principles, A cannot be considered as having abetted the killing of C.
Analysis:
Based on the given principles, to be considered as abetting, A needs to instigate B to kill C. Mere acquiescence, which means silently accepting or agreeing without actively instigating, does not amount to instigation.
In this scenario, A simply informs B about their intention to kill C but does not actively encourage or provoke B to take any action. B does not respond or take any action to stop A from killing C. B's silence or lack of response does not amount to instigation.
Therefore, based on the given principles, A cannot be considered as having abetted the killing of C.
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 when normal
- b)'A' can make a contract only for his own benefit
- c)'A' can never make a contract
- d)'A' can make a contract at any time whenever he pleases
Correct answer is option 'A'. Can you explain this answer?
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.
Facts: 'A' generally remains in the state of unsound mind and rarely becomes capable of understanding the things.
a)
'A' can make a contract when normal
b)
'A' can make a contract only for his own benefit
c)
'A' can never make a contract
d)
'A' can make a contract at any time whenever he pleases
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|
Rajesh Gupta answered |
A can make a contract when normal . Under English law , a person of unsound mind is competent to contract , although he may avoid a contract if he satisfies the court that he was incapable of understanding the contract and the other party knew it . The contract is voidable at his option .
Principle: Existence of all the alleged facts is relevant, whether they occurred at the same time and place or at different times and places.
Facts: 'A', a citizen of England, is accused of committing murder of 'B' in India by taking part in a conspiracy hatched in England.- a)Only the fact that 'A' citizen of England is accused of committing murder of 'B' in India is relevant
- b)'A' citizen of England cannot be tried in India
- c)Only the fact that 'A' is accused of conspiracy hatched in England is relevant
- d)The facts that 'A' citizen of England is accused of commission of murder in India and of conspiracy hatched in England are relevant facts
Correct answer is option 'D'. Can you explain this answer?
Principle: Existence of all the alleged facts is relevant, whether they occurred at the same time and place or at different times and places.
Facts: 'A', a citizen of England, is accused of committing murder of 'B' in India by taking part in a conspiracy hatched in England.
Facts: 'A', a citizen of England, is accused of committing murder of 'B' in India by taking part in a conspiracy hatched in England.
a)
Only the fact that 'A' citizen of England is accused of committing murder of 'B' in India is relevant
b)
'A' citizen of England cannot be tried in India
c)
Only the fact that 'A' is accused of conspiracy hatched in England is relevant
d)
The facts that 'A' citizen of England is accused of commission of murder in India and of conspiracy hatched in England are relevant facts
|
Lekshmi Chakraborty answered |
Explanation:
Relevance of all alleged facts:
- It is essential to consider all alleged facts in a case, regardless of whether they occurred at the same time and place or at different times and places.
Explanation of facts:
- In this scenario, the fact that A, a citizen of England, is accused of committing murder of B in India is relevant.
- Additionally, the fact that A is accused of taking part in a conspiracy hatched in England is also relevant.
Importance of multiple facts:
- Both facts are important because they provide context and help establish the full picture of the accusations against A.
- The allegation of murder in India and conspiracy in England together paint a more complete picture of the alleged crimes.
Therefore, both the facts that A, a citizen of England, is accused of murder in India and of conspiracy hatched in England are relevant in this case. It is crucial to consider all relevant facts to ensure a fair and thorough examination of the accusations against A.
Relevance of all alleged facts:
- It is essential to consider all alleged facts in a case, regardless of whether they occurred at the same time and place or at different times and places.
Explanation of facts:
- In this scenario, the fact that A, a citizen of England, is accused of committing murder of B in India is relevant.
- Additionally, the fact that A is accused of taking part in a conspiracy hatched in England is also relevant.
Importance of multiple facts:
- Both facts are important because they provide context and help establish the full picture of the accusations against A.
- The allegation of murder in India and conspiracy in England together paint a more complete picture of the alleged crimes.
Therefore, both the facts that A, a citizen of England, is accused of murder in India and of conspiracy hatched in England are relevant in this case. It is crucial to consider all relevant facts to ensure a fair and thorough examination of the accusations against A.
The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Nuisance as a tort (civil wrong) means an unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it.
FACT: During the scarcity of onions, long queues were made outside the defendant's shop who having a license to sell fruits and vegetables used to sell only 1 Kg. of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendant.- a)The defendant is liable for nuisance
- b)The defendant was not liable for nuisance
- c)The defendant was liable under the principle of strict liability
- d)The plaintiff's suit should be decreed in his favour
Correct answer is option 'A'. Can you explain this answer?
The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Nuisance as a tort (civil wrong) means an unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it.
FACT: During the scarcity of onions, long queues were made outside the defendant's shop who having a license to sell fruits and vegetables used to sell only 1 Kg. of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendant.
PRINCIPLE: Nuisance as a tort (civil wrong) means an unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it.
FACT: During the scarcity of onions, long queues were made outside the defendant's shop who having a license to sell fruits and vegetables used to sell only 1 Kg. of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendant.
a)
The defendant is liable for nuisance
b)
The defendant was not liable for nuisance
c)
The defendant was liable under the principle of strict liability
d)
The plaintiff's suit should be decreed in his favour
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Kiran Mehta answered |
The defendant is liable for nuisance as it was his duty to manage the queues of customers that was effecting the neighbouring shops.
Nuisance, in law, is a human action or a physical condition that is destructive or hostile to other people and offers ascend to a reason for the activity. An open irritation made in an open spot or on open land, or influencing the ethics, security, or soundness of the network, is viewed as an offence against the state.
Hence, A is the correct option.
Nuisance, in law, is a human action or a physical condition that is destructive or hostile to other people and offers ascend to a reason for the activity. An open irritation made in an open spot or on open land, or influencing the ethics, security, or soundness of the network, is viewed as an offence against the state.
Hence, A is the correct option.
Principle: False imprisonment is a tort(wrong) which means the total restraint of a person's liberty without lawful justification.
Facts: A part of a public road had been closed for spectators of a boat race. 'P' wanted to enter but he was prevented by 'D' and other policemen because he had not paid the admission fee. 'P' was able to enter the enclosure by other means but was unable to go where he wanted to go. The policemen refused access to where he wanted to go but allowed him to remain where he was or to go back. 'P' remained.
Within the enclosure and refused to leave. Subsequently, 'P' sued 'D' for false imprisonment.- a)It was a case of false imprisonment, but 'D' could not be made liable for it
- b)'D' could not be made liable for false imprisonment as he has not touched him
- c)'D' could be made liable for false imprisonment, as he did restrict P's movements
- d)'D' could not be made liable for false imprisonment, as he did not totally restrict P's movements
Correct answer is option 'D'. Can you explain this answer?
Principle: False imprisonment is a tort(wrong) which means the total restraint of a person's liberty without lawful justification.
Facts: A part of a public road had been closed for spectators of a boat race. 'P' wanted to enter but he was prevented by 'D' and other policemen because he had not paid the admission fee. 'P' was able to enter the enclosure by other means but was unable to go where he wanted to go. The policemen refused access to where he wanted to go but allowed him to remain where he was or to go back. 'P' remained.
Within the enclosure and refused to leave. Subsequently, 'P' sued 'D' for false imprisonment.
Facts: A part of a public road had been closed for spectators of a boat race. 'P' wanted to enter but he was prevented by 'D' and other policemen because he had not paid the admission fee. 'P' was able to enter the enclosure by other means but was unable to go where he wanted to go. The policemen refused access to where he wanted to go but allowed him to remain where he was or to go back. 'P' remained.
Within the enclosure and refused to leave. Subsequently, 'P' sued 'D' for false imprisonment.
a)
It was a case of false imprisonment, but 'D' could not be made liable for it
b)
'D' could not be made liable for false imprisonment as he has not touched him
c)
'D' could be made liable for false imprisonment, as he did restrict P's movements
d)
'D' could not be made liable for false imprisonment, as he did not totally restrict P's movements
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|
Kiran Mehta answered |
To constitute false imprisonment, certain factors such as probable cause for imprisonment, knowledge of the plaintiff for the imprisonment , intention of the defendant while causing imprisonment and period of the confinement matters. For imprisonment, it is necessary that the person should be confined in such an area from where there are no possible ways of escape except the will of the person who is confining the person within that area. In the above case, all the elements were not satisfied to constitute the offence of false imprisonment.
Hence, Option D is correct.
Hence, Option D is correct.
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.- a)Driver can take the plea that he was lightly intoxicated
- b)Lady is not entitled to claim compensation as she had knowledge of the risk
- c)Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk
- d)Lady can refuse to pay the fare as she suffered injuries
Correct answer is option 'C'. Can you explain this answer?
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.
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.
a)
Driver can take the plea that he was lightly intoxicated
b)
Lady is not entitled to claim compensation as she had knowledge of the risk
c)
Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk
d)
Lady can refuse to pay the fare as she suffered injuries
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|
Anjali Sharma answered |
She was aware of the risk , as the driver of the cab was intoxicated . But ,there are no chances of an accident it's a natural phenomenon . As she got injured she is liable for the compensation from the driver . Applying the Consent Defense Consent is an agreed safeguard that might be accessible to you in the event that you are being sued for a deliberate tort.
A registered instrument has to be attested by at least ___ persons.- a)1
- b)4
- c)2
- d)3
Correct answer is option 'C'. Can you explain this answer?
A registered instrument has to be attested by at least ___ persons.
a)
1
b)
4
c)
2
d)
3
|
|
Mayank Goyal answered |
Explanation:
In order for an instrument to be considered registered, it must fulfill certain legal requirements. One of these requirements is that the instrument must be attested by at least two persons.
Attestation of a Registered Instrument:
Attestation refers to the act of witnessing the signing of a legal document. It serves as proof that the document was executed in the presence of competent witnesses. The purpose of attestation is to prevent fraud and ensure the authenticity and validity of the document.
Legal Validity:
By requiring a registered instrument to be attested by at least two persons, the law aims to ensure that there are reliable witnesses who can testify to the execution of the document. This helps to establish the legal validity of the instrument and provides a safeguard against any potential disputes or challenges to its authenticity.
Number of Attestors:
The question specifically asks for the minimum number of persons required to attest a registered instrument. The correct answer, therefore, is option C - two persons.
It is important to note that while the minimum requirement is two persons, it is possible for an instrument to be attested by more than two persons. This can provide additional evidence of its authenticity and lend further credibility to the document.
Overall, the attestation of a registered instrument by at least two persons is a legal requirement designed to ensure the validity and reliability of the document.
Principle: Mere silence as to facts lakely to affect the decision of a person to enter into a contract is not fraud.
Facts: 'A' sells to 'B'(A's daughter who is minor) a horse which 'A' knows to be unsound. 'A' says nothing to 'B' about the unsoundness of the horse.- a)'B' can take plea of fraud because she is minor
- b)There can not be a contract between a father and daughter
- c)'A' has not committed fraud
- d)'A' has committed fraud
Correct answer is option 'C'. Can you explain this answer?
Principle: Mere silence as to facts lakely to affect the decision of a person to enter into a contract is not fraud.
Facts: 'A' sells to 'B'(A's daughter who is minor) a horse which 'A' knows to be unsound. 'A' says nothing to 'B' about the unsoundness of the horse.
Facts: 'A' sells to 'B'(A's daughter who is minor) a horse which 'A' knows to be unsound. 'A' says nothing to 'B' about the unsoundness of the horse.
a)
'B' can take plea of fraud because she is minor
b)
There can not be a contract between a father and daughter
c)
'A' has not committed fraud
d)
'A' has committed fraud
|
|
Amita Das answered |
In case of fiduciary relationships , contracts of family arrangements after its formation , contracts for sale of immovable property , etc all material facts must be disclosed . Here's the relationship between the parties would make it A's duty to tell B if the horse is unsound .
Principle: One who dishonestly misappropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.
Facts: 'A' takes property belonging to 'Z' out of Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, 'A', on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.- a)'A' may be guilty of theft but not for misappropriation
- b)'A' is guilty of an offence of misappropriation
- c)'A' is not guilty because when he took the property, he believed in good faith that it belonged to him
- d)'A' is not guilty as the property can be recovered from the stranger
Correct answer is option 'B'. Can you explain this answer?
Principle: One who dishonestly misappropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.
Facts: 'A' takes property belonging to 'Z' out of Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, 'A', on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.
Facts: 'A' takes property belonging to 'Z' out of Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, 'A', on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.
a)
'A' may be guilty of theft but not for misappropriation
b)
'A' is guilty of an offence of misappropriation
c)
'A' is not guilty because when he took the property, he believed in good faith that it belonged to him
d)
'A' is not guilty as the property can be recovered from the stranger
|
|
Amita Das answered |
Intentionally taking someone's property thinking it's our property is merely an offence . Misappropriation is the deliberate, illegal utilization of the property, thoughts, or assets of someone else for one's own utilization or other unapproved reason, particularly by an open official, a trustee of a trust, an agent or chairman of a dead individual's home or by any individual with a guardian obligation to think about and secure another's advantages.
Joint heirs to a property are called _______.- a)Co-heirs
- b)Coparceners
- c)Successors
- d)Joint owners
Correct answer is option 'B'. Can you explain this answer?
Joint heirs to a property are called _______.
a)
Co-heirs
b)
Coparceners
c)
Successors
d)
Joint owners
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|
Anjali Sharma answered |
Joint heirs to a property are called as Coparceners. They share equal rights and liabilities over the property. The coparceners jointly inherit the property and they have unity of possession and community of interest in joint family property. Hence the correct answer is B.
Principle: Defamation is the publication of a statement which tends to lower reputation of a person in the estimation of other members of the society generally.
Facts: 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly of 'B' in a sealed cover.- a)'A' is liable to 'B' for defamation, as the letter is highly offensive and derogatory and is directly sent to 'B'
- b)'A' is not liable to 'B' for defamation, since there is no publication to any other person in whose estimation the reputation of 'B' could be brought down
- c)'A' is liable to 'B' for defamation, as the letter is highly offensive and derogatory
- d)'A' is liable to 'B' for defamation, as it has hurt his (B's) self-esteem.
Correct answer is option 'B'. Can you explain this answer?
Principle: Defamation is the publication of a statement which tends to lower reputation of a person in the estimation of other members of the society generally.
Facts: 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly of 'B' in a sealed cover.
Facts: 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly of 'B' in a sealed cover.
a)
'A' is liable to 'B' for defamation, as the letter is highly offensive and derogatory and is directly sent to 'B'
b)
'A' is not liable to 'B' for defamation, since there is no publication to any other person in whose estimation the reputation of 'B' could be brought down
c)
'A' is liable to 'B' for defamation, as the letter is highly offensive and derogatory
d)
'A' is liable to 'B' for defamation, as it has hurt his (B's) self-esteem.
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Rajesh Gupta answered |
A' is not liable to 'B' for defamation, since there is no publication to any other person in whose estimation the reputation of 'B' could be brought down .And ,A doesn't made it public or included any other person to effect B's respect .A written and sent it personally to B .If A made it public then A is liable but in this case he's not .
Principle: An agreement may be entered into orally or in writing, or by conduct.
Facts: 'A' went to the shop of 'B' and picked a toothbrush and gave a cheque of Rupees twenty to 'B' and left the shop.- a)Payment of toothbrush cannot be made through a cheque
- b)'A' did not enter into an agreement with 'B'
- c)'A' should have carried a currency note of Rupees twenty to make the payment
- d)There was an agreement between 'A' and 'B'
Correct answer is option 'D'. Can you explain this answer?
Principle: An agreement may be entered into orally or in writing, or by conduct.
Facts: 'A' went to the shop of 'B' and picked a toothbrush and gave a cheque of Rupees twenty to 'B' and left the shop.
Facts: 'A' went to the shop of 'B' and picked a toothbrush and gave a cheque of Rupees twenty to 'B' and left the shop.
a)
Payment of toothbrush cannot be made through a cheque
b)
'A' did not enter into an agreement with 'B'
c)
'A' should have carried a currency note of Rupees twenty to make the payment
d)
There was an agreement between 'A' and 'B'
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Amita Das answered |
In the above case , there's an agreement as the price is paid for the item he purchased whether it's cash or cheque . The main element for an agreement is consideration , which is present in this case for the parties as the toothbrush for one party and cheque for another party . The practical consequence of integration is that its scattered parts , in their former and inchoate shape .
The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE : Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent moves that property, such taking is said to commit theft.
FACT: RAMU cuts down a tree on RINKU'S ground, with the intention of dishonestly taking the tree out of RINKU's possession without RINKU's constant. A could not take the tree away.- a)RAMU can be prosecuted for theft
- b)RAMU cannot be prosecuted for theft
- c)RAMU can be prosecuted for attempt to theft
- d)RAMU has neither committed theft nor attempt to commit theft.
Correct answer is option 'A'. Can you explain this answer?
The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE : Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent moves that property, such taking is said to commit theft.
FACT: RAMU cuts down a tree on RINKU'S ground, with the intention of dishonestly taking the tree out of RINKU's possession without RINKU's constant. A could not take the tree away.
PRINCIPLE : Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent moves that property, such taking is said to commit theft.
FACT: RAMU cuts down a tree on RINKU'S ground, with the intention of dishonestly taking the tree out of RINKU's possession without RINKU's constant. A could not take the tree away.
a)
RAMU can be prosecuted for theft
b)
RAMU cannot be prosecuted for theft
c)
RAMU can be prosecuted for attempt to theft
d)
RAMU has neither committed theft nor attempt to commit theft.
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Anjali Sharma answered |
In this case , RAMU did an offence of theft as he intentionally cut down the tree from RINKU's ground without his consent . He is said to commit theft . 'Theft' is defined in the section 378 of IPC . Theft is an offense where portable property of an individual is removed without his assent .
Which of the following is NOT one of the duties of the seller?- a)Disclose defects in property known to seller
- b)Produce all documents of title to the buyer
- c)Provide discount on the price to the buyer
- d)Answer all questions put by buyer with regard to the property
Correct answer is option 'C'. Can you explain this answer?
Which of the following is NOT one of the duties of the seller?
a)
Disclose defects in property known to seller
b)
Produce all documents of title to the buyer
c)
Provide discount on the price to the buyer
d)
Answer all questions put by buyer with regard to the property
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|
Swara Patel answered |
Explanation:
Providing discount on the price to the buyer is NOT one of the duties of the seller.
Disclose defects in property known to seller: It is the duty of the seller to disclose any known defects in the property to the buyer to ensure transparency and avoid any legal issues in the future.
Produce all documents of title to the buyer: The seller is responsible for providing all necessary documents of title to the buyer, such as the deed, to prove ownership of the property.
Answer all questions put by buyer with regard to the property: The seller is required to answer all questions posed by the buyer regarding the property to the best of their knowledge in order to facilitate a smooth transaction.
In conclusion, while the seller is obligated to fulfill various duties during a property transaction, providing a discount on the price to the buyer is not one of them.
Providing discount on the price to the buyer is NOT one of the duties of the seller.
Disclose defects in property known to seller: It is the duty of the seller to disclose any known defects in the property to the buyer to ensure transparency and avoid any legal issues in the future.
Produce all documents of title to the buyer: The seller is responsible for providing all necessary documents of title to the buyer, such as the deed, to prove ownership of the property.
Answer all questions put by buyer with regard to the property: The seller is required to answer all questions posed by the buyer regarding the property to the best of their knowledge in order to facilitate a smooth transaction.
In conclusion, while the seller is obligated to fulfill various duties during a property transaction, providing a discount on the price to the buyer is not one of them.
Principle: Copyright law protects only work. 'Work' means cinemato graphic film but does not include performance by an actor in a cine matographic film.
Facts: Alia Bhatt acted in a movie
- a)The acting of Alia Bhatt cannot be protected under copyright law
- b)The acting of Alia Bhatt can be protected under copyright law as professional work
- c)The acting of Alia Bhatt can be protected under copyright law only as an artistic work
- d)The acting of Alia Bhatt can be protected as film producer's work
Correct answer is option 'B'. Can you explain this answer?
Principle: Copyright law protects only work. 'Work' means cinemato graphic film but does not include performance by an actor in a cine matographic film.
Facts: Alia Bhatt acted in a movie
Facts: Alia Bhatt acted in a movie
a)
The acting of Alia Bhatt cannot be protected under copyright law
b)
The acting of Alia Bhatt can be protected under copyright law as professional work
c)
The acting of Alia Bhatt can be protected under copyright law only as an artistic work
d)
The acting of Alia Bhatt can be protected as film producer's work
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|
Rajesh Gupta answered |
In the present case, the acting of Alia Bhatt cannot be protected under copyright law. The object of copyright law is to support creators, writers, specialists and fashioners to make unique works by compensating them with the select appropriate for a restricted period to misuse the work for the fiscal increase.
Federal copyright law protects original creative works such as paintings, writing, architecture, movies, software, photos, dance, and music. A work must meet certain minimum requirements to qualify for copyright protection. The length of protection also varies depending on when the work was created or first published.
Federal copyright law protects original creative works such as paintings, writing, architecture, movies, software, photos, dance, and music. A work must meet certain minimum requirements to qualify for copyright protection. The length of protection also varies depending on when the work was created or first published.
The MRTP act has been amended in the year ______.- a)1974
- b)1982
- c)1991
- d)1969
Correct answer is option 'C'. Can you explain this answer?
The MRTP act has been amended in the year ______.
a)
1974
b)
1982
c)
1991
d)
1969
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|
Anjali Sharma answered |
The MRTP Act, 1969 was amended in 1991 as a part of the new economic reforms set in motion by the Government of that day. The amendments reset the objectives enshrined in the original statute of 1969. The MRTP Act, before the 1991amendments sought to curb such power arising out of a monopoly.
The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Any direct physical interference with the goods in somebody's possession without lawful justification is called trespass to goods.
FACT: A purchased a car from a person who had no title to it and had sent it to a garage for repair. X, believing, wrongly, that the car was his, removed it from the garage.- a)X can be held responsible for trespass to goods.
- b)X cannot be held responsible for trespass to good as he was under a wrong belief.
- c)X has not committed any wrong
- d)None of the above.
Correct answer is option 'A'. Can you explain this answer?
The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Any direct physical interference with the goods in somebody's possession without lawful justification is called trespass to goods.
FACT: A purchased a car from a person who had no title to it and had sent it to a garage for repair. X, believing, wrongly, that the car was his, removed it from the garage.
PRINCIPLE: Any direct physical interference with the goods in somebody's possession without lawful justification is called trespass to goods.
FACT: A purchased a car from a person who had no title to it and had sent it to a garage for repair. X, believing, wrongly, that the car was his, removed it from the garage.
a)
X can be held responsible for trespass to goods.
b)
X cannot be held responsible for trespass to good as he was under a wrong belief.
c)
X has not committed any wrong
d)
None of the above.
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|
Rohit Sharma answered |
To constitute a tort, there must be:
(i) a wrongful act or omission of the defendant;
(ii) the wrongful act must result in causing legal damage to another; and
(iii) the wrongful act must be of such a nature as to give rise to a legal remedy.
Trespass to goods means wrongful interference with the goods in possession of another. It is a wrongful act, and hence, punishable under tort.
In the above case, X removing the car ,which does not belong to him, can be held responsible for trespass to goods.
(i) a wrongful act or omission of the defendant;
(ii) the wrongful act must result in causing legal damage to another; and
(iii) the wrongful act must be of such a nature as to give rise to a legal remedy.
Trespass to goods means wrongful interference with the goods in possession of another. It is a wrongful act, and hence, punishable under tort.
In the above case, X removing the car ,which does not belong to him, can be held responsible for trespass to goods.
Where statute law and common law conflict __________.- a)Statute law prevails
- b)Common law prevails
- c)The matter will be referred to equity for a decision
- d)The matter will be referred to High Court for a decision
Correct answer is option 'A'. Can you explain this answer?
Where statute law and common law conflict __________.
a)
Statute law prevails
b)
Common law prevails
c)
The matter will be referred to equity for a decision
d)
The matter will be referred to High Court for a decision
|
|
Rohit Sharma answered |
Common laws are regarded as the laws which are decided by the Judicial body in order to give guidance to future judgments. Statute law is formed by the legislative body of a state. Parliament is the legislative body so it works in the formation of the laws. Parliament is superior for making laws so it prevails.
The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: A master is liable for the acts committed by his servant in the course of employment.
FACT: Sanjay is a driver working in Brookebond and Co. One day, the Manager asked him to drop a customer at the airport and get back at the earliest. On his way back from the airport, he happened to see his fiancé Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be close to his office. She got into the car and soon thereafter; the car somersaulted due to the negligence of Sanjay. Ruhina was thrown out of the car and suffered multiple injuries. She seeks compensation from Brookebond and Co.- a)Brookebond and Co., shall be liable, because Sanjay was in the course of employment at the time of accident
- b)Brookebond and Co., shall not be liable, Sanjay was not in the course of employment when he took Ruhina inside the car.
- c)Ruhina got into the car at her own risk, and therefore, she cannot sue anybody.
- d)None of the above.
Correct answer is option 'A'. Can you explain this answer?
The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: A master is liable for the acts committed by his servant in the course of employment.
FACT: Sanjay is a driver working in Brookebond and Co. One day, the Manager asked him to drop a customer at the airport and get back at the earliest. On his way back from the airport, he happened to see his fiancé Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be close to his office. She got into the car and soon thereafter; the car somersaulted due to the negligence of Sanjay. Ruhina was thrown out of the car and suffered multiple injuries. She seeks compensation from Brookebond and Co.
PRINCIPLE: A master is liable for the acts committed by his servant in the course of employment.
FACT: Sanjay is a driver working in Brookebond and Co. One day, the Manager asked him to drop a customer at the airport and get back at the earliest. On his way back from the airport, he happened to see his fiancé Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be close to his office. She got into the car and soon thereafter; the car somersaulted due to the negligence of Sanjay. Ruhina was thrown out of the car and suffered multiple injuries. She seeks compensation from Brookebond and Co.
a)
Brookebond and Co., shall be liable, because Sanjay was in the course of employment at the time of accident
b)
Brookebond and Co., shall not be liable, Sanjay was not in the course of employment when he took Ruhina inside the car.
c)
Ruhina got into the car at her own risk, and therefore, she cannot sue anybody.
d)
None of the above.
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|
Rajesh Gupta answered |
Normally, the tortfeasor is liable for his tort. But in some cases, a person may be held liable for the tort committed by another. A master is vicariously liable for the tort of his servant, principal for the tort of his agent and partners for the tort of a partner. This is known as vicarious liability in tort.
In a Master-Servant relationship, the master employs the services of the servant and he works on the command of master, and thus, a special relationship exists between the two, and in case of a tort committed by the servant, his master is also held liable.
The following are the essential conditions to be followed for the vicarious liability of master to arise: –
1. The servant has committed an act which amounts to a tort;
2. Such a tortious act is committed by the servant during the course of his employment under the master.
In the above case, given that Sanjay was an employee of Brookebond and Co., the company shall be liable to compensate for damages to Ruhina. Hence, option (A) is correct.
In a Master-Servant relationship, the master employs the services of the servant and he works on the command of master, and thus, a special relationship exists between the two, and in case of a tort committed by the servant, his master is also held liable.
The following are the essential conditions to be followed for the vicarious liability of master to arise: –
1. The servant has committed an act which amounts to a tort;
2. Such a tortious act is committed by the servant during the course of his employment under the master.
In the above case, given that Sanjay was an employee of Brookebond and Co., the company shall be liable to compensate for damages to Ruhina. Hence, option (A) is correct.
Which section of TPA talks about Doctrine of Election?- a)25
- b)35
- c)45
- d)55
Correct answer is option 'B'. Can you explain this answer?
Which section of TPA talks about Doctrine of Election?
a)
25
b)
35
c)
45
d)
55
|
|
Kritika Saha answered |
The correct answer is option 'B' (35).
The section of the TPA (The Pentateuchal Analysis) that talks about the Doctrine of Election is section 35. The Doctrine of Election is an important theological concept found in the Bible, particularly in the Old Testament. It refers to the belief that God chooses certain individuals, groups, or nations for a specific purpose or role in His plan for salvation and redemption.
The Doctrine of Election in the TPA is discussed in detail in section 35, which focuses on the book of Genesis. In this section, the author delves into the narrative and themes of Genesis to explore the concept of election and God's chosen people.
Key Points:
- The Doctrine of Election is a theological concept found in the Bible.
- It refers to the belief that God chooses certain individuals, groups, or nations for a specific purpose.
- Section 35 of the TPA discusses the Doctrine of Election in relation to the book of Genesis.
- This section explores the narrative and themes of Genesis to understand God's chosen people.
Analysis of Section 35:
In section 35 of the TPA, the author begins by examining the story of Adam and Eve and the consequences of their disobedience. This sets the stage for understanding the concept of election and God's plan for redemption.
The author then delves into the story of Cain and Abel, highlighting how God accepted Abel's offering but rejected Cain's. This demonstrates the concept of election, as God chose Abel's offering over Cain's.
Furthermore, the author explores the story of Noah and the flood, emphasizing how Noah and his family were chosen by God to be saved from the destruction. This is another example of election, as God elected Noah and his family to continue the human race.
The section also discusses the story of Abraham and his descendants. Abraham was chosen by God to be the father of a great nation, and his descendants, the Israelites, were elected as God's chosen people. This covenant between God and Abraham's descendants is a central aspect of the Doctrine of Election.
Conclusion:
Section 35 of the TPA focuses on the Doctrine of Election in the book of Genesis. It explores various narratives and themes to understand God's chosen people and His plan for salvation and redemption. This section provides valuable insights into the theological concept of election and its significance in the Bible.
The section of the TPA (The Pentateuchal Analysis) that talks about the Doctrine of Election is section 35. The Doctrine of Election is an important theological concept found in the Bible, particularly in the Old Testament. It refers to the belief that God chooses certain individuals, groups, or nations for a specific purpose or role in His plan for salvation and redemption.
The Doctrine of Election in the TPA is discussed in detail in section 35, which focuses on the book of Genesis. In this section, the author delves into the narrative and themes of Genesis to explore the concept of election and God's chosen people.
Key Points:
- The Doctrine of Election is a theological concept found in the Bible.
- It refers to the belief that God chooses certain individuals, groups, or nations for a specific purpose.
- Section 35 of the TPA discusses the Doctrine of Election in relation to the book of Genesis.
- This section explores the narrative and themes of Genesis to understand God's chosen people.
Analysis of Section 35:
In section 35 of the TPA, the author begins by examining the story of Adam and Eve and the consequences of their disobedience. This sets the stage for understanding the concept of election and God's plan for redemption.
The author then delves into the story of Cain and Abel, highlighting how God accepted Abel's offering but rejected Cain's. This demonstrates the concept of election, as God chose Abel's offering over Cain's.
Furthermore, the author explores the story of Noah and the flood, emphasizing how Noah and his family were chosen by God to be saved from the destruction. This is another example of election, as God elected Noah and his family to continue the human race.
The section also discusses the story of Abraham and his descendants. Abraham was chosen by God to be the father of a great nation, and his descendants, the Israelites, were elected as God's chosen people. This covenant between God and Abraham's descendants is a central aspect of the Doctrine of Election.
Conclusion:
Section 35 of the TPA focuses on the Doctrine of Election in the book of Genesis. It explores various narratives and themes to understand God's chosen people and His plan for salvation and redemption. This section provides valuable insights into the theological concept of election and its significance in the Bible.
TPA deals with - - Moveable property,
- Immoveable property
- a)2 only
- b)1 only
- c)Both 1 and 2
- d)None of these
Correct answer is option 'A'. Can you explain this answer?
TPA deals with -
- Moveable property,
- Immoveable property
a)
2 only
b)
1 only
c)
Both 1 and 2
d)
None of these
|
|
Siddharth Choudhary answered |
Explanation:
The Transfer of Property Act (TPA) deals with the transfer of property in India. It governs the transfer of both movable and immovable property.
1. Movable Property:
Movable property refers to any property that can be moved or transferred from one place to another. It includes assets such as cash, stocks, vehicles, furniture, jewelry, etc. The TPA provides rules and regulations for the transfer of movable property. It specifies the various modes of transfer, such as sale, gift, exchange, lease, etc., and outlines the rights and responsibilities of the parties involved in the transfer.
2. Immovable Property:
Immovable property, on the other hand, refers to property that cannot be moved or transferred easily. It includes land, buildings, houses, and other structures permanently attached to the land. The TPA also governs the transfer of immovable property. It lays down the procedures for the transfer of ownership, registration of property, rights and liabilities of the parties, and other related matters.
Conclusion:
In conclusion, the Transfer of Property Act (TPA) deals with both movable and immovable property. It provides the legal framework for the transfer of property in India, including the rules and regulations for the transfer of movable and immovable assets. Therefore, the correct answer is option 'A' - TPA deals with moveable property and immoveable property.
The Transfer of Property Act (TPA) deals with the transfer of property in India. It governs the transfer of both movable and immovable property.
1. Movable Property:
Movable property refers to any property that can be moved or transferred from one place to another. It includes assets such as cash, stocks, vehicles, furniture, jewelry, etc. The TPA provides rules and regulations for the transfer of movable property. It specifies the various modes of transfer, such as sale, gift, exchange, lease, etc., and outlines the rights and responsibilities of the parties involved in the transfer.
2. Immovable Property:
Immovable property, on the other hand, refers to property that cannot be moved or transferred easily. It includes land, buildings, houses, and other structures permanently attached to the land. The TPA also governs the transfer of immovable property. It lays down the procedures for the transfer of ownership, registration of property, rights and liabilities of the parties, and other related matters.
Conclusion:
In conclusion, the Transfer of Property Act (TPA) deals with both movable and immovable property. It provides the legal framework for the transfer of property in India, including the rules and regulations for the transfer of movable and immovable assets. Therefore, the correct answer is option 'A' - TPA deals with moveable property and immoveable property.
Law is an "essentially and exclusively a social fact" whose definition of law is this?- a)Duguit
- b)Jeremy Benthan
- c)Savigny
- d)Keisen
Correct answer is option 'A'. Can you explain this answer?
Law is an "essentially and exclusively a social fact" whose definition of law is this?
a)
Duguit
b)
Jeremy Benthan
c)
Savigny
d)
Keisen
|
|
Rajesh Gupta answered |
Leon Duguit was a French jurist. He was one of the most popular and revolutionary legal scholar and thinker of his time. Various legal natural theories and philosophies are given by him. He has stated the law as essentially and exclusively a social fact. He also stated several theories about morality with law.
All motor vehicles are required to have third party insurance. Any vehicle not using mechanical device is not a motor vehicle.
Which of the following is correct derivation from the above?- a)All Third Party Insurance relate to motor vehicles.
- b)Vehicles not using mechanical device need not have Third Party Insurance.
- c)All vehicles must have Third Party Insurance.
- d)None of the above.
Correct answer is option 'B'. Can you explain this answer?
All motor vehicles are required to have third party insurance. Any vehicle not using mechanical device is not a motor vehicle.
Which of the following is correct derivation from the above?
Which of the following is correct derivation from the above?
a)
All Third Party Insurance relate to motor vehicles.
b)
Vehicles not using mechanical device need not have Third Party Insurance.
c)
All vehicles must have Third Party Insurance.
d)
None of the above.
|
|
Rohit Sharma answered |
Vehicle insurance is insurance for car, trucks, motorcycles, and other road vehicles. Its primary use is to provide financial protection against physical damage and/ or bodily injury resulting from traffic collisions and against liability that could also arise there from.
Principle: An agreement without free consent can be enforces only at the option of the party whose consent was not free.
Facts: A obtains the consent of 'B' to enter into an agreement by putting a gun on the head of B's girlfriend.- a)'B' can enforce the agreement
- b)'B' cannot enforce the agreement
- c)Neither 'A' nor 'B' can enforce the agreement
- d)'A' can enforce the agreement
Correct answer is option 'A'. Can you explain this answer?
Principle: An agreement without free consent can be enforces only at the option of the party whose consent was not free.
Facts: A obtains the consent of 'B' to enter into an agreement by putting a gun on the head of B's girlfriend.
Facts: A obtains the consent of 'B' to enter into an agreement by putting a gun on the head of B's girlfriend.
a)
'B' can enforce the agreement
b)
'B' cannot enforce the agreement
c)
Neither 'A' nor 'B' can enforce the agreement
d)
'A' can enforce the agreement
|
|
Kiran Mehta answered |
'B' can enforce the agreement.
The clear illustration is consent obtained by point of a pistol , or by threatening to cause hurt. It is clear that coercion as thus defined implies a committing or threatening to commit some act which is a contract to law. Hence this agreement is void on the exception of B as he can either uphold the contract or reject it. Like in the case of Chikham Amiraju V Chikham Seshamma.
The clear illustration is consent obtained by point of a pistol , or by threatening to cause hurt. It is clear that coercion as thus defined implies a committing or threatening to commit some act which is a contract to law. Hence this agreement is void on the exception of B as he can either uphold the contract or reject it. Like in the case of Chikham Amiraju V Chikham Seshamma.
Matters relating to property are governed by _______- a)Transfer of Property Act, 1882
- b)Law of Property, 1985
- c)Law of Property and transfer, 1982
- d)Transfer of Property Act 1982
Correct answer is option 'A'. Can you explain this answer?
Matters relating to property are governed by _______
a)
Transfer of Property Act, 1882
b)
Law of Property, 1985
c)
Law of Property and transfer, 1982
d)
Transfer of Property Act 1982
|
Rajat Iyer answered |
Transfer of Property Act, 1882
The correct answer is option 'A' - Transfer of Property Act, 1882. This Act is a legislation enacted by the British colonial government in India, which continues to be in force today. It governs matters relating to property, including the transfer of property, rights and liabilities associated with property, and the creation and operation of various types of property interests.
The Transfer of Property Act, 1882, is a comprehensive law that consolidates and amends the laws relating to the transfer of property. It provides a legal framework for the transfer of immovable property, such as land, houses, and buildings, as well as certain rights and interests in such property. The Act also governs the transfer of movable property of value exceeding a specified amount.
Key Provisions of the Transfer of Property Act, 1882
1. Definition of Transfer: The Act defines various terms related to property transfer, such as transfer of property, immovable property, movable property, and transfer of actionable claims.
2. Modes of Transfer: It lays down the various modes of transfer, such as sale, gift, mortgage, lease, exchange, and actionable claims. Each mode has specific requirements and procedures that need to be followed for a valid transfer.
3. Rights and Liabilities of Parties: The Act outlines the rights and liabilities of the transferor (person transferring the property) and the transferee (person receiving the property). It also addresses the rights and liabilities of subsequent transferees, co-owners, and third parties.
4. Restrictions on Transfer: The Act imposes certain restrictions on the transfer of property, such as restrictions on alienation by specific individuals or under specific circumstances. These restrictions may be based on personal laws, statutory provisions, or public policy considerations.
5. Creation and Operation of Interests: The Act provides for the creation and operation of various interests in property, such as easements, charges, leases, and mortgages. It sets out the rights and obligations associated with these interests and the procedures for their creation and enforcement.
Importance of the Transfer of Property Act, 1882
The Transfer of Property Act, 1882, is of great importance as it provides a clear legal framework for property transactions in India. It ensures transparency, certainty, and enforceability of property rights. The Act protects the interests of both the transferor and the transferee by laying down the rights and liabilities of the parties involved. It also helps in preventing disputes and litigation related to property transfers.
Moreover, the Act has been amended over the years to keep up with changing social and economic situations. It has been interpreted and clarified through various judicial decisions, which have further contributed to its effectiveness and relevance.
In conclusion, the Transfer of Property Act, 1882, is the legislation that governs matters relating to property in India. It provides a comprehensive legal framework for property transfers, rights, and liabilities associated with property, and the creation and operation of various property interests. The Act plays a crucial role in ensuring the smooth functioning of property transactions and protecting the interests of all parties involved.
The correct answer is option 'A' - Transfer of Property Act, 1882. This Act is a legislation enacted by the British colonial government in India, which continues to be in force today. It governs matters relating to property, including the transfer of property, rights and liabilities associated with property, and the creation and operation of various types of property interests.
The Transfer of Property Act, 1882, is a comprehensive law that consolidates and amends the laws relating to the transfer of property. It provides a legal framework for the transfer of immovable property, such as land, houses, and buildings, as well as certain rights and interests in such property. The Act also governs the transfer of movable property of value exceeding a specified amount.
Key Provisions of the Transfer of Property Act, 1882
1. Definition of Transfer: The Act defines various terms related to property transfer, such as transfer of property, immovable property, movable property, and transfer of actionable claims.
2. Modes of Transfer: It lays down the various modes of transfer, such as sale, gift, mortgage, lease, exchange, and actionable claims. Each mode has specific requirements and procedures that need to be followed for a valid transfer.
3. Rights and Liabilities of Parties: The Act outlines the rights and liabilities of the transferor (person transferring the property) and the transferee (person receiving the property). It also addresses the rights and liabilities of subsequent transferees, co-owners, and third parties.
4. Restrictions on Transfer: The Act imposes certain restrictions on the transfer of property, such as restrictions on alienation by specific individuals or under specific circumstances. These restrictions may be based on personal laws, statutory provisions, or public policy considerations.
5. Creation and Operation of Interests: The Act provides for the creation and operation of various interests in property, such as easements, charges, leases, and mortgages. It sets out the rights and obligations associated with these interests and the procedures for their creation and enforcement.
Importance of the Transfer of Property Act, 1882
The Transfer of Property Act, 1882, is of great importance as it provides a clear legal framework for property transactions in India. It ensures transparency, certainty, and enforceability of property rights. The Act protects the interests of both the transferor and the transferee by laying down the rights and liabilities of the parties involved. It also helps in preventing disputes and litigation related to property transfers.
Moreover, the Act has been amended over the years to keep up with changing social and economic situations. It has been interpreted and clarified through various judicial decisions, which have further contributed to its effectiveness and relevance.
In conclusion, the Transfer of Property Act, 1882, is the legislation that governs matters relating to property in India. It provides a comprehensive legal framework for property transfers, rights, and liabilities associated with property, and the creation and operation of various property interests. The Act plays a crucial role in ensuring the smooth functioning of property transactions and protecting the interests of all parties involved.
Chapter doubts & questions for Unit 2 - Topics of Law (Law of Property) - Legal Studies for Class 12 2024 is part of Humanities/Arts exam preparation. The chapters have been prepared according to the Humanities/Arts exam syllabus. The Chapter doubts & questions, notes, tests & MCQs are made for Humanities/Arts 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests here.
Chapter doubts & questions of Unit 2 - Topics of Law (Law of Property) - Legal Studies for Class 12 in English & Hindi are available as part of Humanities/Arts exam.
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