Sample Test: Legal Aptitude - CLAT MCQ

PRINCIPLE: “Nobody shall unlawfully interfere with a person’s use or enjoyment of land, or some right over, or in connection with it. The use or enjoyment, envisaged herein, should be normal and reasonable taking into account the surrounding situation.”

FACT: Jeevan and Pavan were neighbours in a residential locality. Pavan started a typing class in a part of his house and his typing sound disturbed Jeevan who could not put up with any kind of continuous noise. He led a suit against Pavan.

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 little to it and had sent it to a garage for repair. X, believing, wrongly, that the car was his, removed it from the garage.

Assertion (A): H writes to his wife a letter, which contains defamatory matter about B. H is not liable to B for defamation

Reason (R): Communication of defamatory matter by a husband to his wife or vice versa is not a publication, for what passes between them is protected

Assertion (A): Government cannot be held liable for the rots committed by its servant

Reason (R): A master is liable for the torts committed by his servant in the course of his employment

Assertion (A): A person can claim damages if he has sustained any loss monetary or otherwise

Reason (R): Where there is infringement of a legal right, law allows compensation

The last opportunity principle is related to the:

As an element of the tort of defamation, publication means that

PRINCIPLE: (Same for question no. 11 and 12)

A "contingent contract" is a contract to do or not to do something contingent on the occurrence of a particular event. Contingent contracts are permissible in law only if the events that they refer to are possible.

FACT: A agrees to pay B a sum of money if B marries C. C marries D. Is this contract enforceable in law?

PRINCIPLE: A "contingent contract" is a contract to do or not to do something contingent on the occurrence of a particular event. Contingent contracts are permissible in law only if the events that they refer to are possible.

FACT: A promises to give B his house if the earth, sun and moon are ever situated in a straight line. Is this contract enforceable by law

PRINCIPLE: Parties to a contract have absolute freedom to decide the terms of the contract provided there is an approximate equality of bargaining power. If this is not the case, the contract is void.

FACT: In Delhi, there is a big cycle market with lots of cycle sellers. A goes to that market and to B’s store. B’s store is the biggest in the market. He sees a cycle that he really likes. B says the price of the cycle is Rs. 100000/- A and B enter into a contract for the purchase of the cycle. Is this contract legally enforceable?

PRINCIPLE: In case of the death of either of the parties to the contract, wherever possible, the deceased representatives must give effect to the terms of the contract.

FACT: A and B enter into the contract for A to paint B’s picture. B dies. Are his representatives bound by the contract?

PRINCIPLE: If a party to the contract offers to fulfill his part of the contract and the other party declines, the first party is freed from his obligations.

FACT: A contracts with B to deliver 100 bales of cotton to him. The scheduled delivery date is 19.10.2014. A rings up on 1.10.2014 and tells him he is bringing the cotton to his house for delivery. B tells him he can’t accept the delivery because he doesn’t have the space to store it. Is A free from his contractual obligations?

Assertion (A):  A void contract is not necessarily illegal

Reason (R): Every illegal contract is void.

Assertion (A):  The state shall not make any law, which takes away or abridges the rights conferred by Part III (Fundamental Rights) and any law made in contravention of this clause shall, to the extent of the contravention, be void.

Reason (R): The fundamental rights are the rights reserved by the people and for this reason they are eternal and sacrosanct.

Questions 18 to 22 on the same principle

Principle: Whoever, intending to take dishonestly any moveable 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.

Explanation 1: A thing so long as it is attached to the earth, not being moveable property is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.

Explanation 2: A moving effected by the same act which affects the severance may be a theft.

Explanation 3: A person is said to cause a thing to move by removing an obstacle which prevented from moving or by separating it from any other thing, as well as by actually moving it.

Explanation 4: A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.

Explanation 5: The consent mentioned in the definition may be express or implied and may be given either by the person in possession or by any person having for that purpose authority either express or implied.

Q. 

Facts: A cuts down a tree on Z's ground, with the intention of dishonestly taking the tree out of Z's possession without Z's consent.

Principle: Whoever, intending to take dishonestly any moveable 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.

Explanation 1: A thing so long as it is attached to the earth, not being moveable property is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.

Explanation 2: A moving effected by the same act which affects the severance may be a theft.

Explanation 3: A person is said to cause a thing to move by removing an obstacle which prevented from moving or by separating it from any other thing, as well as by actually moving it.

Explanation 4: A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.

Explanation 5: The consent mentioned in the definition may be express or implied and may be given either by the person in possession or by any person having for that purpose authority either express or implied.

Q. 

Facts: A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z's possession. A dishonestly removes it.

Principle: Whoever, intending to take dishonestly any moveable 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.

Explanation 1: A thing so long as it is attached to the earth, not being moveable property is not the subject of theft; but it becomes capable of being he subject of theft as soon as it is severed from the earth.

Explanation 2: A moving effected by the same act which effects the severance may be a theft.

Explanation 3: A person is said to cause a thing to move by removing an obstacle which prevented from moving or by separating it from any other thing, as well as by actually moving it.

Explanation 4: A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.

Explanation 5: The consent mentioned in the definition may be express or implied and may be given either by the person in possession or by any person having for that purpose authority either express or implied.

Q. 

Facts: A finds a ring lying on the high road, not in the possession of any person. A by taking it commits…….

Principle: Whoever, intending to take dishonestly any moveable 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.

Explanation 1: A thing so long as it is attached to the earth, not being moveable property is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.

Explanation 2: A moving effected by the same act which affects the severance may be a theft.

Explanation 3: A person is said to cause a thing to move by removing an obstacle which prevented from moving or by separating it from any other thing, as well as by actually moving it.

Explanation 4: A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.

Explanation 5: The consent mentioned in the definition may be express or implied and may be given either by the person in possession or by any person having for that purpose authority either express or implied.

Q.  Facts: If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z's possession, with the intention of depriving Z of the property as a security for his debt.

Principle: Whoever, intending to take dishonestly any moveable 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.

Explanation 1: A thing so long as it is attached to the earth, not being moveable property is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.

Explanation 2: A moving effected by the same act which affects the severance may be a theft.

Explanation 3: A person is said to cause a thing to move by removing an obstacle which prevented from moving or by separating it from any other thing, as well as by actually moving it.

Explanation 4: A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.

Explanation 5: The consent mentioned in the definition may be express or implied and may be given either by the person in possession or by any person having for that purpose authority either express or implied.

Q. 

Facts: A, in good faith, believing property belonging to Z to be A's own property, takes that property out of Z's possession.

Assertion (A): Crime is punishable because it is provided in the law

Reason (R): Crime is revolting to the moral sense of society.

Assertion (A): Every person should have the freedom of speech and expression.

Reason (R): If a person is stopped from speaking then mankind will lose the truth

India is having which form of government at present

Which one of the following is not a salient feature of the Indian judiciary?

Which one of the following does not find place in preamble of the constitution of India?

The preamble to the constitution was amended in the year

Who among the following was the president of constituent assembly

Who among the following was the chairman of drafting committee?