Legal Mock Test - 9


50 Questions MCQ Test Mock Test Series for CLAT 2020 | Legal Mock Test - 9


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QUESTION: 1

Principle: The occupier of a premises owes a duty of care to all his invitees and visitors

Facts: Shyam was running a dairy farm in his house. People used a part of his farm as shortcut to get to a nearby railway station. Shyam who did not approve of this, put up a notice that “Trespass will be prosecuted”. One day Mohan who was using this short cut was attacked by a bull belonging to the farm. Mohan filed a suit against him

Solution:

Mohan was neither invited by Shyam nor he was a visitor because Shyam put a clear notice against trespassers.

QUESTION: 2

Principle: A master will be liable for the negligent acts of his servant in the course of his employment

Facts: Raju was a driver employed by Cosmos company to drive their luxury buses during the night. Manu has been his assistant over a period of time. One night when he was driving he felt terribly sleepy and he handed over the steering wheel to Manu. He dozed off. The bus hit against a car coming from the opposite side due to the inexperience of Manu. The owner of the car filed a suit against the cosmos.

Solution:

The correct option is A.
Because according to the principal,the master of the cosmos company will be liable for the raju's fault to ask manu to drive.as manu is assistant of raju. so he is acting in the course of employment.

QUESTION: 3

Principle: An agreement is enforceable at law if parties competent to enter into it with free consent, for consideration and the contract is not contrary to law and against public policy

Facts: A, a boy of 16 years entered into an agreement to sell his flat in Cochin for a sum of Rs. 12 Lakhs. A’s father was very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.

Solution:
QUESTION: 4

Principle: An agreement to which the consent of the seller is freely given is not void merely because the price is inadequate

Facts: Arjun agrees to sell a horse worth Rs. 1,00,000 for Rs. 10 to Amar. Is the agreement Void?

Solution:

The correct option is D.

When the consent to an agreement is free consent, not under any force or coercion or undue influence then the contract is valid. Here both the options are correct in their aspect.

QUESTION: 5

Principle: Manufacturer is liable for the latent defects in the goods manufactured by him

Facts: A company sold certain shoes made of a special sole for the police department. Later they find some other materials inside which are not discoverable in the ordinary inspection. In this case

Solution:

B is the correct option. The defect which is not discoverable in ordinary inspection is obviously a latent (hidden or not easily recognisable) defect for which, according to the principle, the manufacturer is liable. Hence the buyer is entitled to price and damages.

QUESTION: 6

Principle: The writ of habeas corpus can be issued against the illegal detention of a person

Facts: Satheesh aged 23 yrs. is in love with Annie aged 17 yrs. they belong to different castes. On coming to know about the affair, Annie was taken away to some distant place against her will buy her father. Satheesh approached the high court for issuing a writ of habeas corpus to release Annie from the custody of her father. Decide.

Solution:
QUESTION: 7

Principle: In certain cases the same incident may give rise to liability both in contract and tort

Facts: An eye surgeon was called in by a husband to treat his wife. The surgery was not successful and she lost the sight of one eye. Here

Solution:
QUESTION: 8

Principle: when a legal injury is caused to a person it is actionable even though there is no damage to the person

Facts: X was a west Indian cricketer. He reserved a room in imperial hotel. They cannot provide the room wanted by X and they arranged another room in another hotel in their custody. X claimed custody from Imperial Hotel. Decide.

Solution:

C is the correct option. Injuria sine damno means Injury without damage or it means infringement of an absolute private right without any actual loss or damage.when a legal injury is caused to a person it is actionable even though there is no damage to the person. hence , the hotel is liable.

QUESTION: 9

Rania applied for the post of Director in an organization. The governing body of the organization passed a resolution appointing him to the post. Afterwards, one of the members of the governing body informed him privately of the resolution. Subsequently, the resolution was rescinded by the governing body. Rania files a suit for breach of contract and claims damages. Which one of the following is the correct legal proposition in the case?

Solution:
QUESTION: 10

Principle: A contract is an agreement enforceable by law.

Facts: X invited Y to her house for dinner. Y accepted the invitation but later did not go. On Y's failure to attend, X filed a suit against Y for the price of non-consumed food. Can this agreement be enforced by law?

Solution:
QUESTION: 11

Principle: An agreement to do an act impossible in itself is void.

Facts: Rajdeep, a shipping magnate and wildlife enthusiast entered into an agreement with Karan as per which the latter was be paid Rupees five lacs in addition to expenses incurred by him if he caught a live anaconda in the Gir Forest area of India within a period of one year from the date of agreement. It is common knowledge that anaconda is endemic to South America.

Solution:
QUESTION: 12

Principle: The consideration or object of an agreement must be lawful. It should not be forbidden by law and should not defeat the provisions of any law. It should not be fraudulent or injure any person or property. The Court should not regard it as immoral or opposed to public policy.

Explanation – Every agreement of which the object or consideration is unlawful is void.

Facts: Rohan has a very perverted mind and he tells Saad who is desperately in need of money that, “I will pay you ₹5000 to whip yourself”. Saad agrees and takes the money. Later, he refuses to whip (Chabuk for horse) himself.

Q.

What is the status of the contract?

Solution:

B is the correct option. When the object of a contract or the consideration of a contract is prohibited by law, then they are not lawful consideration or object anymore. They then become unlawful in nature.The contract between Saad and Rohan has an unlawful consideration and hence, void.

QUESTION: 13

Principle:  The communication of proposals, their acceptance and revocation are deemed to be made by any act or omission of the party proposing, accepting or revoking by which he intends to communicate such proposal acceptance or revocation, or which has the effect of communicating it.

Explanation – The communication of an acceptance is complete, as against the proposer, when it is put in a course of transmission to him, so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer.

Facts – The only daughter of Mrs Aggarwal went missing. She put a notice in the newspaper stating a reward for anyone who could find her. The reward was Rs.40000. Ms Shivani Bagul was a long-time friend of Mrs Aggarwal. She came to know of the reward but due to her bond with Mrs Aggarwal, she set out to search for the missing girl. She found Mrs Aggarwal’s daughter Shweta and returned her to her mother. Is Shivani entitled to the reward?

Solution:
QUESTION: 14

“A” offers to sell his car to “B” for Rs. 50,000/-. “B” agrees to buy the car offering Rs.45, 000/-. The reply of “B” amounts to:

Solution:
QUESTION: 15

When goods are displayed in a show – window bearing price tags, it indicates:

Solution:
QUESTION: 16

An agreement to do an impossible act has been declared

Solution:
QUESTION: 17

Questions 17 to 19 on same principle

Principle: 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 discharge, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commit "criminal breach of trust".

Facts: A is a warehouse-keeper. Z going on a journey entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods.

Solution:
QUESTION: 18

Principle: 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 discharge, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commit "criminal breach of trust".

Facts: A, a revenue officer, is entrusted with public money and is either directed by law or bound by a contract, express or implied, with the Government to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money.

Solution:
QUESTION: 19

Principle: 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 discharge, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commit "criminal breach of trust".

Facts: A, being executor to will of a deceased person, dishonestly disobeys the law which directs him to divide the effect according to the will, and appropriates them to his own use.

Solution:
QUESTION: 20

Questions 20 to 23 on same principle

Principle: Whoever with intent to cause, knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".

Facts: Dinesh, stopped supply of water to his neighbor Suresh flat through operation of wrench value key and thereby, turning the main pipe outside the storage reservoir due to which neighbor was debarred from the supply of water in his flat.

Solution:
QUESTION: 21

Principle: Whoever with intent to cause, knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".

Facts: A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z.

Solution:
QUESTION: 22

Principle: Whoever with intent to cause, knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".

Facts: A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z's crop.

Solution:
QUESTION: 23

Principle: Whoever with intent to cause, knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".

Facts: Raman voluntarily throws outside from the window of the bus a wallet belongs to Taran containing cash and other important documents having Driving Licence, Aadhar card and other documents.

Solution:
QUESTION: 24

Principle: Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that 17) person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. 

Explanation: A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section.

Facts: A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B's house

Solution:
QUESTION: 25

Questions 25 to 26 on same principle

Principle: Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be bound by law to do it.

Facts: A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law.

Solution:
QUESTION: 26

Principle: Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be bound by law to do it.

Facts: A, an officer of a Court of Justice, being ordered by that court to arrest Y, and after due enquiry believing Z to be Y, arrest Z

Solution:

A is the correct option.A has committed no offence by applying section 76 of the Indian Penal Code(general Exceptions)- Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be bound by law to do it.

QUESTION: 27

PRINCIPLE: Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said to defame that person.

FACTS: In a community there is a custom of stealing shoes of bridegroom during the marriage ceremony. The shoes of the bridegroom were stolen by Y, A announced that Z has stolen the shoes. Everyone present in the marriage party started staring at Z with great surprise. Z felt very ashamed.

Solution:
QUESTION: 28

PRINCIPLE: An employer is liable for the negligence of his employee. But an employer is not liable for the negligence of his employee, if the victim of such negligence is one of his other employees.

FACTS: A and B were working in factory as unskilled labourers. A was carrying a basket of stones on his head. B was sitting on the ground. When A crossed B, all of a sudden a stone fell down from the basket and hit B on his head. B died immediately.

Solution:
QUESTION: 29

PRINCIPLE: Damages are the money recompense, as far as money can do, for the violation of a right.

FACTS: A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voter’s list. A has also reported at the polling booth in time. However, the candidate in whose favour A would have cast his vote won the election. A filed a suit claiming damages.

Solution:
QUESTION: 30

PRINCIPLE: When a person voluntarily agrees to suffer some harm, he is not allowed to complain for that.

FACTS: A was one of the spectators at a formula one car race, being held at Gurgaon, on a track owned by One M Company. During the race, there was a collision between two racing cars, one of which was thrown away amidst spectators, thereby causing an injury to A. A claims damage for the injuries caused to him.

Solution:
QUESTION: 31

PRINCIPLE: An interest which is created on a transfer of property and depends upon the fulfillment of a condition will fail if the fulfillment of the condition is impossible or is forbidden by law or is of such a nature that, if permitted, it would defeat the provisions of any law or is fraudulent or involves or implies injury to the person or property of another or the court regards it as immoral or opposed to public policy.

FACTS: A gives Rs. 10 Lakh to B on condition that B shall marry A’s daughter C. On the date on which A gave Rs. 10 Lakh to B, C was dead.

Solution:
QUESTION: 32

PRINCIPLE: Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm and in good faith for the purpose of preventing or avoiding other harm to a person or property.

FACTS: Mr. Sharman, the Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast in such a position that before he can stop his vessel, he must inevitably run down a boat B with twenty or thirty passengers on board, unless he changes the course of his vessel, and that by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Whether Sharman has committed an offence?

Solution:
QUESTION: 33

PRINCIPLE: Ignorance of Fact is excused but ignorance of law is no excuse

FACTS: X was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the Airport of Bombay on 28 Nov. 1962 it was found on searching that X carried 34 kg of Gold Bars on his person and that he had not declared it in the ‘Manifest for Transit’. On 26th Nov. 1962 the Government of India had issued a notification modifying its earlier exemption, making it mandatory now that the gold must be declared in the “Manifest” of the aircraft.

Solution:
QUESTION: 34

Ramu applied for the post of Director in an organization. The governing body of the organization passed a resolution appointing him to the post. After the meeting, one of the members of the governing body informed him privately of the resolution. Subsequently, the resolution was rescinded. Ramu claims damages. Which one of the following is the correct legal proposition in the case?

Solution:
QUESTION: 35

Ms. Usha wants to file a suit against Bhagyalaxmi Theatre praying for a permanent injunction (stay order) restraining the theatre from running the film named “Jai Santoshi Maa”. Her contention is that the film hurt her religious feelings and sentiments as Goddess Saraswati, Laxmi and Parvati were depicted as jealous and were ridiculed.

Solution:

A is the correct option. Insults to religion offered unwittingly or carelessly or without any deliberate or malicious intention to outrage the religious feelings of that class do not come within hurting the religious sentiments offending laws.

QUESTION: 36

PRINCIPLES: 1) Consumable goods which are not fit for consumption are not marketable.
2) A consumer shall not suffer on account of unmarketable goods.
3) A seller is liable for knowingly selling unmarketable goods.
4) A manufacturer shall be liable for the quality of his products.

FACTS: Ram bought a Coca Cola bottle from Shama’s shop. Back at home, the server opened the bottle and poured the drink into the glasses of Ram and his friend Tom. As Tom started drinking, he felt irritation in his throat. Immediately, Ram and Tom took the sample to test and found nitric acid in the content. Ram filed a suit against Shama, Coca Cola company and the bottler, Kishan and Co.

SUGGESTED DECISIONS

a)  Ram cannot get compensation
b) Tom can get compensation
c)  Both Ram and Tom can get compensation

SUGGESTED REASONS:

i) Shama did not know the contents of sealed bottle.
ii) Ram did not actually suffer though he bought the bottle.
iii) Tom did not buy the bottle.
iv) Coca Cola company is responsible since it supplied the concentrate.
v) Kishen & Co, is responsible since it added water, sugar, etc., and sealed the bottle.
vi) Shama is responsible for selling the defective product.

Your decision with the reason:

Solution:

C is the correct option. Since a  manufacturer shall be liable for the quality of his products.Both Ram and Tom can get compensation from the Coca Cola because the company is responsible since it supplied the concentrate and it is found to be unfit for consumption.

QUESTION: 37

Assertion: A person, who moves to a place neared the place of nuisance can complain of nuisance

Reason: Coming to the place of nuisance is a good defence

Solution:
QUESTION: 38

Which are the reasonable restrictions on freedom of speech and expression under Art.19(2)

Solution:
QUESTION: 39

The no. of categories of freedom that an Indian citizen shall have is……………under Art. 19 which forms the core of the chapter on fundamental rights?

Solution:
QUESTION: 40

Whether the preamble can be amended?

Solution:

The correct option is C.
No part is un-amendable technically. The Preamble of the Constitution can be amended according to Article 368 of the Indian Constitution. But the amendment is subject to certain conditions such as it cannot alter the basic structure of the Constitution
 

QUESTION: 41

The constitution of India

Solution:
QUESTION: 42

The preamble of our constitution includes all except

Solution:
QUESTION: 43

Can a person waive his fundamental right?

Solution:
QUESTION: 44

Which of the following includes right to life mentioned under Art? 21 of the constitution?

Solution:
QUESTION: 45

Right to privacy is included under

Solution:

Right to privacy is protected as an intrinsic part of right to life and personal liberty under article 21 as a part of the fundamental rights provided by the constitution of India.

QUESTION: 46

Which of the following first committee deals with centre-states relations?

Solution:

B is the correct option. Sarkaria Commission was set up in 1983 by the central government of India. The Sarkaria Commission's charter was to examine the central-state relationship on various portfolios and suggest changes within the framework of the Constitution of India.

QUESTION: 47

Finance Commission of India submits its report to—

Solution:
QUESTION: 48

Which Court is regarded as the Guardian of the Fundamental Rights of the people—

Solution:
QUESTION: 49

When was the Advocates Act came into existence—

Solution:
QUESTION: 50

Which Indian State was the first to be formed on Linguistic basis—

Solution:

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