Legal Studies: CUET Mock Test - 1 - CUET Humanities MCQ

The term "intellectual property rights" covers:

Directions: Read the following passage carefully:
The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.
Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.
Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment.
"Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.
Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.
As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.
Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.
Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.

Q. A coolie in uniform picks up the luggage of S to be carried out of the railway station without being asked by A, and S does not stop him as well. Examine whether the coolie is entitled to receive money from S under the Indian Contract Act, 1872.

Directions: Read the following passage carefully:
The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.
Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.
Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment.
"Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.
Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.
As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.
Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.
Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.

Q. Aman contracts to repair Bir's house in a certain way and receives the money in advance. Aman repairs the house but not according to the contract. Is Bir entitled to recover the cost of making the repairs?

Directions: In this question, one or more principles are followed by some facts. Read the principle(s) carefully and apply it/them to the given facts and choose the correct option accordingly.
Principle: It is the duty of manufacturer to give adequate warning about the dangerous nature of substance.
Facts: Sohanlal & Co. prepared a special kind of liquid medicine for diabetic patients, which was inflammable at room temperature. It was clearly mentioned over the cover of medicine and on the bottle in black and bold letters that the contents inside are inflammable at room temperature. Roshan purchased the medicine for his wife and took it to his house. The liquid medicine exploded and caused injuries to Roshan and his wife. He decided to sue the company.
Decide.

Indian Evidence Act came into force in

Assertion (A): In an adversarial system, the parties in a legal proceeding develop their own theory of the case and gather evidence to support their claims.
Reason (R): In an adversarial system, cross examination is an effective way to test the credibility of the witnesses presented.

'The Lokpal and Lokayukta Act, 2013 aims to combat acts of bribery and corruption of public servants - a term that has been given a fairly wide interpretation in the Act.' As per the legislation, an enquiry of corruption can be initiated against which of the following persons?

Which of the following is/are among the early human rights laws?

When was the Convention on the Rights of the Child adopted by the UN General Assembly?

Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.
Principles:

1. The Constitution of India guarantees certain fundamental rights to its citizens. The Constitution also provides that these rights cannot be taken away by the state even by law.
2. For violation of fundamental rights, the person adversely affected by the law may approach the High Court or the Supreme Court for the issuance of an appropriate writ. One of these rights includes the freedom to form an association that implies the right to join an association or not to join such an association.

Facts: Mohindera and Mohindera was a prominent company in North India which sold many SUVs, cars and JCBs along with other vehicles. The company opened an office in Lucknow, Uttar Pradesh, and started hiring people for various posts; but they kept a condition that the employees they hire must join the Mohindera Employees' Association, which was a group for Mohindera employees. Mr. Suresh refused to do so and filed a case under Article 226 in the High Court.
Decide.

Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the principle and apply it to the given facts carefully and select the best option.
Principle: All citizens shall have the right to freedom of speech and expression subject to reasonable restrictions.
Facts: Rajan Mishra is a politician-turned-writer. He wrote an autobiography on his experience in the field of politics. In his work, he criticised the actions of some state officials in power. Raghav Singh, one of the state officials, who is also the Chief Minister of Bimar Pradesh, banned the release of the book in Bimar Pradesh and in a speech asked other fellow politicians to do the same. Rajan Mishra moved to the SC alleging that banning the book was the violation of his fundamental right to freedom of speech and expression.
Decide.

Directions: Arrange the following commissions in the chronological order of establishment.
i. National Commission for SC/ST
ii. National Commission for Human Rights
iii. National Commission for Women
iv. National Commission for Scheduled Castes

With reference to Pleaders, which of the given statements is incorrect?

The chairman of Bar Council of India is elected from among its members, ordinarily for a period of

Which is the correct statement with regard to the professional ethics of a lawyer?

Which Act recognised the eligibility of women to practise as legal practitioners in India?

'Our judicature moulded by Anglo-American models and our judicial process, engineered by kindred legal technology, compel the collaboration of lawyer power or steering the wheels of equal justice under the law.' This was observed in the case of:

Indian Constitution empowers the Supreme Court to frame its rules for regulating the practice and procedure of the court. Which article of the constitution provides for the same?

Directions: Consider the statements and choose the correct answer.
(A) CJI can appoint duly qualified person as additional judge of HC.
(R) Appointment of additional judge is made due to temporary increase in business of house.

In view of Doctrine of Judicial Review, which of the following are true?

1. It is the basic structure feature of Indian Constitution.
2. The power of judicial review can be curtailed through constitutional amendment.
3. It tests the constitutionality of legislative acts.

Directions: Read the following passage carefully:
The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.
Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.
Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment.
"Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.
Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.
As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.
Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.
Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.

Q. Ramaswami proposed to sell his house to Ramanathan. Ramanathan sent his acceptance by post. Next day, Ramanathan sent a telegram withdrawing his acceptance. The telegram of revocation of acceptance was received by Ramaswami before the letter of acceptance.
In the light of the above situation, examine the validity of the acceptance according to the Indian Contract Act, 1872.

Directions: Read the following passage carefully:
The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.
Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.
Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment.
"Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.
Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.
As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.
Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.
Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.

Q. A student was induced by his teacher to sell his brand new car to the latter at less than the market price to secure more marks in the examination. Accordingly, the car was sold. However, the father of the student persuaded him to sue his teacher. Can the student sue the teacher?

Directions: Read the following passage carefully:
The Indian Contract Act, 1872 is a legislation governing the contractual relationship between two or more parties - individuals, companies, governments. It deals with all aspects of contracts, such as formation, performance, enforceability of contracts, indemnities and guarantees, bailment and pledge and agency, among others. A contract brought as a result of coercion, undue influence, fraud or misrepresentation would be voidable at the option of the person whose consent was caused.
Although one of the oldest laws in India, legal experts note that the Indian Contract Act's relevance has grown manifold in the current business environment with significant increase in the number of contracts being entered into between various parties, and the resultant disputes. Over the last one year or so, there has been an effort to step up corporate governance across boards through new company law provisions, and updating Securities and Exchange Board of India's (SEBI's) listing agreement for companies.
Many legal experts feel that the time has come to take a hard look at the Indian Contract Act to bring it in sync with the changing business environment.
"Good corporate governance demands well-defined and executed contracts, where the Indian Contract Act plays a crucial role," said Ramesh Vaidyanathan, managing partner, Advaya Legal.
Most legal experts say the Indian Contract Act is a relevant and comprehensive piece of legislation. The concepts under the contract law are based on the contract law of the United Kingdom. However, the Act contains certain provisions which are different.
As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.
Section 9 of the Indian Contract Act, 1872 contemplates implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
Section 73 of the Indian Contract Act provides for compensation for loss or damage caused by breach of contract, naturally arising in the usual course of things from such breach. However, remote and indirect loss or damage sustained by reason of the breach is not provided under the contract law.
Under the Indian Contract Act, a contract without consideration is void subject to certain exceptions provided in Section 25 of the Act, such as love and affection u/s 25(1), compensation for voluntary services u/s 25(2), etc. However, the English law recognises contracts without consideration in some cases.

Q. A husband formed and registered an agreement with his wife that he will give his earnings to her but later denied to fulfil his promise arguing that he was not getting any consideration for the same. As per the passage, is the argument by the husband legally valid?

Directions: In this question, one or more principle(s) is/are given and is/are followed by fact(s). Read the principle(s) carefully and apply it/them to the given fact(s) and choose the most appropriate option.
Principle 1: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent moves that property in order to such taking, is said to commit theft.
Principle 2: Whoever, being in any manner entrusted with property or with any dominion over property, dishonestly misappropriates or converts to his own use that property or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged or of any legal contract, express or implied, which he has made touching the discharge of such trust or wilfully suffers any other person so to do, commits criminal breach of trust.

Q. Facts: Ramlal, going on pilgrimage to Ayodhya, entrusts his gold plate to Arunesh, the keeper of a warehouse, till Ramlal shall return. Arunesh carries the plate to a goldsmith and sells it.
What offence has been committed by Arunesh, if any?

Assertion (A): In an inquisitorial system, the judge takes centre stage in dispensing justice.
Reason (R): The judge determines facts and issues in dispute.

Abhishek and Ankita were involved in a business where a dispute arose and the same was referred to arbitration. The award given by the arbitrator was in the form of a wager. Identify the ground on which the award can be set aside:

Gopal is a neighbour of Pankaj. Gopal hangs wet clothes on his balcony and the dripping water spoils the clothes of Pankaj. This situation leads to a fight between the two. How can the dispute be best resolved between the two parties?