Test: Legal Aptitude- 5 - CLAT MCQ

PRINCIPLE: Qui facit per alium facit per se, i.e., he who does things through others does it himself.

FACTS: Nisha, the owner of a car, asked her friend Saurabh to take her car and drive the same to her office. As the car was near her office, it hit a pedestrian Srikant on account of Saurabh’s negligent driving and injured him seriously. Now, Srikant files a suit for damages against Nisha.

PRINCIPLE: Res ipsa loquitur, i.e., the thing speaks for itself.

FACTS: Seema got herself operated for the removal of her uterus in the defendant’s hospital, as there was diagnosed to be a cyst in one of her ovaries. Due the negligence of the surgeon, who performed the operation, abdominal pack was left in her abdomen. The same was removed by a second surgery.

PRINCIPLE: When an act, which would otherwise be an offence, is not that offence by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, every person has the same right of private defence against that act, which he would have if the act were that offence. Nothing is an offence which is done in the exercise of the right of private defence.

FACTS: A, under the influence of madness, attempts to kill B. B in order to save his life cause grievous hurt to A.

Assertion: The plaintiff can sue all or any number of joint tort feasors

Reason: when several persons join in the commission of a tort is  individually responsible as if each alone had committed it.

The plaintiff, a lady visitor to a restaurant was injured by the ceiling fan which fell on her. The reason for the falling of the fan was a latent/hidden defect in the metal of the suspension rod of the fan. In an action against the defendant, he is

Liability in tort depends upon

Complete the sentence:

To constitute trespass actual damage is………………………..

In an action for trespass, burden to prove justification is on the…………………….

Principle: the consideration or object of an agreement is unlawful if it is forbidden by law. Every agreement of which the object or consideration is unlawful is void.

Facts: ‘X’ promises to pay ‘Y’ Rs. 50000, if he (‘Y’) commits a crime, ‘X’ further promises to indemnify his (‘Y’) against any liability arising thereof. ‘Y’ agrees to act as per X’s promise.

Principle: The consideration of object of an agreement is unlawful if the court regards it as opposed to public policy. Every agreement of which the object or consideration is unlawful is void.

Facts: ‘X’ promises to obtain for ‘Y’ an employment in the public service and ‘Y’ promises to pay Rs. 500000 to ‘X’

Principle: Two or more person are said to consent if they agree upon the same thing in the same sense. Consent is said to be free when it is not caused by coercion, or undue influence, or fraud, or misrepresentation, or mistake. 

When consent to an agreement is caused by coercion, undue influence, fraud or misrepresentation, the agreement is a contract voidable (rescindable or terminable) at the option of the party whose consent was so caused, However, when consent to an agreement is caused by mistake as to a matter of fact essential to the agreement, the agreement is void.

Facts: ‘X’ threatens to gun down ‘Y’, if he (‘Y’) does not sell his property worth Rs. 2000000 for Rs. 100000 only. As a consequence ‘Y’ agrees to sell it as demanded by ‘X’. 

Principle: Agreements in restraint of marriage is void.

Facts: ‘X’ enters into an agreement, with ‘Y’ where under he agrees not to marry anybody else other than a person whose name starts with the letter ‘A’ and promises to pay Rs. 100000 to ‘Y’ if he (‘X’) breaks this agreement.

Which of the following derivations is correct?

Principal: A gift comprising existing property is valid and a gift comprising future property is void.

Facts: ‘X’ has a house which is owned by him. He contracted to purchase a plot of land adjacent to the said house, but the sale (of the plot of land) in his favour is yet to be completed. He makes a gift of both the properties (house and land) to ‘Y’. 

X duly posts a letter of acceptance to Y, but the letter is lost in transit by the negligence of the Post Office

A Lease Agreement is a form of:

The doctrine of privity of contract means

A situation when two parties make identical offers to each other in ignorance of each other offer is known as

‘A’ and ‘B’ contract to marry each other. Before the date fixed for marriage, ‘A’ goes mad. The contract becomes…………………..

A agrees to pay B Rs. 1000 if the two straight lines should enclose a space

A minor estate is liable for the ………….supplied to him           

Mere silence is no fraud unless           

“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:

Legal Principle — Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in, is said to commit theft. Whoever commits theft shall be punished with imprisonment which may extend to three years or with fine or with both.
 

Factual Situation — Raju sees a cell phone belonging to Ram lying on the table in Ram’s house. Raju hides the cell phone in Ram’s house in such a place where Ram could not find it ever, due to the fear of immediate search and detection. Raju did this with the intention of taking away the cell phone from the hidden place when Ram forgets about and then sell it away.

Q.

Is Raju guilty of theft?

Legal Principle — Willful rash driving is an offence.

Factual situation —‘A’ was driving his car after consuming liquor. The police booked him for willful negligent driving.

Q.

Whether the act of police is lawful?

What is a caveat?

What is a ‘Cognizance’?

Bye-law making power granted to the executive by the legislature is ​called