Test: Legal Reasoning - 1 - CLAT MCQ

Principle – Tortious liability may arise even though there is no contract between two parties if one of them has been unjustly enriched at the cost of the other.

Facts – Rohit hears a knock at the door, and sees that someone has come to deliver a bag of grocery supplies. Rohit had not ordered for them, but he silently accepts the supplies without disclosing that he had not ordered them. His neighbor, David, who had actually ordered the supplies and paid for them is perplexed that they have not been delivered yet.

Principle 1 - If an act is done intentionally, the person committing the act would be held liable irrespective of the motive behind the act.

Principle 2 - Where it can reasonably be foreseen that an act would cause harm to the person or property of another, the person committing such an act will be held liable for acting negligently.

Principle 3 - An act committed without intention, accidentally or involuntarily, does not give rise to liability.

Facts - Simon was greatly interested in photography and decided to take a walk in the woods, so he may engage in some wildlife photography. Seeing a butterfly on a bunch of flowers, he kneels behind a bush to get a close shot of it. In the meantime, Adams, who was in the woods to practice shooting, pulls his trigger to shoot a bird. However, he misses his aim, and the dart ricochets off the tree and hits Simon, causing injury to him. In the shock of the moment, Simon lets his expensive camera drop, and the camera is broken. Simon wishes to sue Adams for injury to his person, and for the damage to the camera.

Principle 1 - Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortious liability.

Principle 2 - When a person owes a duty of care to another, and causes breach of such duty of care, he can be said to have violated the other person‘s legal right.

Facts - Stuti studies in a law school, and she wishes to avail the University‘s exchange programme through which she will get an opportunity to study at a foreign law school for one semester. According to the rules to apply for the exchange programme, she must deposit a certain sum with the university before a specified date. So, Stuti goes to the bank, which has a branch in her university‘s campus, and hands over a cheque to be encashed. The banker, who did have the sufficient amount of cash required, and deposited in her account, refused to encash it without giving her any valid reason. Stuti then goes to a different bank, gets her cheque encashed, and successfully applies for the exchange programme.

Q.
Will the banker still be liable for his act?

Principle - Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortious liability.

Facts – Mr. Akhil lives in a locality that lies just off the main road, which supports heavy traffic and is one of the most important roads in his city. The street on which his house is located is, however, quiet and peaceful, and Akhil is pleased to live there. One day, some road repair works are undertaken on the main road, and as a result, the municipal authorities decide to divert the traffic through the street on which Akhil resides. Akhil is greatly disturbed and annoyed by the constant sound of the vehicles, honking, and traffic jams along the narrow street. He wishes to sue the municipal authorities for the nuisance caused by this diversion of traffic.

Q.
Will he succeed?

Principle - Violation of a legal right, with or without actual damage, gives rise to a tort. However, actual damage without violation of a legal right does not give rise to tortious liability.

Facts - Ayush has a shop that offers printing, Xerox, and bookbinding services. In the shop, he also sells notebooks, stationery, printing inks, paper and other such items. He has a big board outside his shop displaying all the things he deals in, and this board is instrumental in attracting customers, who would otherwise be unaware that he sold such things. His shop is situated in a narrow street with several other stores. Rajesh owns a book store next to him, and he installs a display shelf with all the titles he sells, outside his shop in order to woo customers. This shelf obscures the view to Ayush‘s board, and there is a decrease in the number of customers who buy from him. Ayush decides to sue Rajesh and claim damages.

Principle – Ubi jus ibi remedium. Where there is a legal right, there is a legal remedy.

Facts – Deepti stays at a hotel in Indonesia for three months. After about a month, she gets fed up of the food served at the hotel, so she goes out to buy some ingredients, vegetables, etc. and asks the hotel chef to prepare a vegetarian meal and serve it in her room. The chef does so, but when the meal is served, she is asked to pay for the meal. Deepti, who had already spent a lot on the ingredients, refuses to pay for the simple vegetarian meal. The next day, at the breakfast table, the chef refuses to serve her any food. Deepti decides to sue the chef and claim damages.

Principle - When an unlawful act is committed, it is called Malfeasance. The unlawful acts of Malfeasance are those which are generally actionable per se and do not require proof of damage or negligence or malice.

Facts – The estate of Mr. D‘Souza has a private orchard which is abundant in orange trees, beautiful flowering plants, etc. Ritu, greatly awed, wishes to take a walk in this orchard and admire its beauty. She requests the guard several times to let her inside, so she may take a walk, but the guard refuses to do so. He informs her that it is private property, and she can enter it only with the express permission of Mr. D‘Souza. Fed up, Ritu quietly climbs the low fence and enters the orchard. She plucks several exotic flowers and fruits, but is discovered by Mr. D‘Souza, who is livid, and intends to sue her.

Principle – Whoever stores a substance which would cause damage on escape shall be strictly liable (i.e., liable even when he has exercised necessary care) for any damage caused by the escape of that substance.

Facts – Cobalamine Co. is a manufacturer of hydrogen peroxide which has several industrial uses, but is also dangerous. The Company has one of its factories set up in Dimapur, a small district. While transporting the hydrogen peroxide from that factory to another place in huge containers, the engine of the truck carrying the chemical got overheated, and this triggered an explosion of the concentrated hydrogen peroxide. The truck driver, and several other people on the road were grievously injured. The reaction was shortly contained by an expert team, and investigations revealed that reasonable precautions had been taken to prevent such a mishap. Will Cobalamine be liable to pay damages to those injured?

Principle – The master is liable for the wrongful acts of the servant done in the course of employment.

Facts – Pradyuman is a mechanic working in the car mechanics shop owned by Abhjit. Pallavi wants her Audi A8 to be serviced and cleaned, as she is planning to go on a long drive soon. She drops off the car at the mechanic‘s, and asks Pradyuman to have it ready in two days. Pradyuman, while trying to drive the car to the jet-cleaning area, accidentally bumps it against the wall and a dent is created on the car door. When Pallavi comes to take her serviced car, she is livid at the condition in which it is returned to her, and wishes to sue for damages.

Principle – The mere presence of malicious intent does not make a person liable, if his act was in the exercise of a legal right.

Facts - Alexander, a competitive businessman, could not stand the fact that David‘s bakery business was doing so well. In a bid to topple him, Alexander sets up a bakery next to that of David, and offers cakes, bread, and cookies at a much cheaper rate. He also offers free goodies and bakes cakes in interesting flavours, which attracts all the customers to his own bakery. As a result, David incurs huge losses and is forced to close down his store after a few months. He is aware of Alexander‘s ploy to topple his business and wishes to sue him and claim damages.

Directions: Questions 17- 20 are based on a common set of Principles and Facts. Answer accordingly.

Principle 1 – An action against violation of Fundamental Rights can only be brought against legislative or administrative actions of the state, and not against private actions.
Principle 2- 'State‘ includes the Government of India, the Parliament, the state governments and legislatures, and all local and other authorities under the control of the government of India.
Principle 3 – The fundamental right to equality entails that equals be treated equally.
Principle 4 – No citizen shall on the grounds of caste (among other grounds), be ineligible for an office under the State.
Principle 5 – Any law or action of the State that contravenes fundamental rights will be void to the extent of that contravention.

Facts – Nirmala and Sitara are both civil servants who have served in different capacities for about twelve years now. Despite several transfers and changes in designation, they have continued to remain friends. One day, they both attend a stirring talk by a Dalit rights activist and are so influenced by this talk, that they want to contribute to the Dalit movement in their capacity as civil servants. They decide to apply for managerial posts at the Department for Minority Affairs. Nirmala‘s application for the post was rejected on the grounds that she was Brahmin herself, and not eligible to manage the affairs of SCs and STs. Sitara‘s application for the post was rejected due to past animosity with Mr. Kapur, head of the Minority Affairs Department. Mr. Kapur, in a scathing email, informed her that she would not be considered for any post that required his approval. Nirmala and Sitara are both enraged by these rejections and allege that their fundamental rights have been violated.

Q. 
Can there be an action for violation of fundamental rights against the Department for Minority Affairs?

Directions: Questions 17- 20 are based on a common set of Principles and Facts. Answer accordingly.
Principle 1 – An action against violation of Fundamental Rights can only be brought against legislative or administrative actions of the state, and not against private actions.
Principle 2 - 'State‘ includes the Government of India, the Parliament, the state governments and legislatures, and all local and other authorities under the control of the government of India.
Principle 3 – The fundamental right to equality entails that equals be treated equally.
Principle 4 – No citizen shall on the grounds of caste (among other grounds), be ineligible for an office under the State.
Principle 5 – Any law or action of the State that contravenes fundamental rights will be void to the extent of that contravention.

Facts – Nirmala and Sitara are both civil servants who have served in different capacities for about twelve years now. Despite several transfers and changes in designation, they have continued to remain friends. One day, they both attend a stirring talk by a Dalit rights activist and are so influenced by this talk, that they want to contribute to the Dalit movement in their capacity as civil servants. They decide to apply for managerial posts at the Department for Minority Affairs. Nirmala‘s application for the post was rejected on the grounds that she was Brahmin herself, and not eligible to manage the affairs of SCs and STs. Sitara‘s application for the post was rejected due to past animosity with Mr. Kapur, head of the Minority Affairs Department. Mr. Kapur, in a scathing email, informed her that she would not be considered for any post that required his approval. Nirmala and Sitara are both enraged by these rejections and allege that their fundamental rights have been violated.

Q. 
The discrimination here is based on her caste. Therefore, her fundamental right in this regard has been violated. 
Have the fundamental rights of Nirmalabeen violated in this instance?

Directions: Questions 17- 20 are based on a common set of Principles and Facts. Answer accordingly.
Principle 1 – An action against violation of Fundamental Rights can only be brought against legislative or administrative actions of the state, and not against private actions.
Principle 2 - 'State‘ includes the Government of India, the Parliament, the state governments and legislatures, and all local and other authorities under the control of the government of India.
Principle 3 – The fundamental right to equality entails that equals be treated equally.
Principle 4 – No citizen shall on the grounds of caste (among other grounds), be ineligible for an office under the State.
Principle 5 – Any law or action of the State that contravenes fundamental rights will be void to the extent of that contravention.

Facts – Nirmala and Sitara are both civil servants who have served in different capacities for about twelve years now. Despite several transfers and changes in designation, they have continued to remain friends. One day, they both attend a stirring talk by a Dalit rights activist and are so influenced by this talk, that they want to contribute to the Dalit movement in their capacity as civil servants. They decide to apply for managerial posts at the Department for Minority Affairs. Nirmala‘s application for the post was rejected on the grounds that she was Brahmin herself, and not eligible to manage the affairs of SCs and STs. Sitara‘s application for the post was rejected due to past animosity with Mr. Kapur, head of the Minority Affairs Department. Mr. Kapur, in a scathing email, informed her that she would not be considered for any post that required his approval. Nirmala and Sitara are both enraged by these rejections and allege that their fundamental rights have been violated.

Q. 
Have the fundamental rights of Sitara been violated?

Directions: Questions 21-24 are based on a common set of Principles and Facts. Answer accordingly.

Principle 1 – An offer is made when one person signifies to another, his willingness to do or not do something, with a view to obtaining that person‘s assent.

Principle 2 – When the person to whom the offer is made signifies his assent thereto, the offer is said to be accepted.

Principle 3 - When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing something, such act or abstinence or promise is called a consideration for the promise.

Principle 4 – An agreement without consideration is not enforceable under law.

Principle 5 – Parties to a contract must agree upon the same thing in the same sense.

Principle 6 – Parties competent to contract must be major and of sound mind.

Facts – Sonia is a gardener in the mansion of Mr. Kapoor. Mr. Kapoor is extremely fond of his pet dog, Cooper. One day, Kapoor realizes that Cooper is missing from his kennel. He is frantic with worry and sends Sonia on a quest for the dog. Sonia sets out, pastes notices in public places, and enquires about the dog. She has been instructed to return only if she finds the dog. In the meantime, Kapoor announces in the popular newspaper, The Statesman, that Cooper is missing, and that anybody who finds the Labrador and brings him back would be awarded a sum of Rs. 10,000. The next day, Kaza brings a brown Labrador with him and claims the reward. Mr. Kapoor immediately realizes that the dog is not Cooper, and refuses to pay the sum. Kaza asserts that the dog is named Cooper, is a brown Labrador resembling the picture in the newspaper, and since he has accepted the offer by bringing the dog, there is a valid contract formed, and Kapoor is bound to pay the consideration of Rs. 10,000. Three days later, Sonia manages to find Cooper in a nearby park and brings him back home. Kapoor is overjoyed and raises Sonia‘s salary from Rs. 12,000 per month to Rs. 20,000. Sonia then discovers the notice in the newspaper, goes to Kapoor, and claims the reward. Kapoor refuses to pay, as he has already given her an increment in salary.

Q.
Does Kaza‘s argument stand? Has there been a valid contract formed between Kazaand and Kapoor?

Directions: Questions 21-24 are based on a common set of Principles and Facts. Answer accordingly.

Principle 1 – An offer is made when one person signifies to another, his willingness to do or not do something, with a view to obtaining that person‘s assent.

Principle 2 – When the person to whom the offer is made signifies his assent thereto, the offer is said to be accepted.

Principle 3 - When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing something, such act or abstinence or promise is called a consideration for the promise.

Principle 4 – An agreement without consideration is not enforceable under law.

Principle 5 – Parties to a contract must agree upon the same thing in the same sense.

Principle 6 – Parties competent to contract must be major and of sound mind.

Facts – Sonia is a gardener in the mansion of Mr. Kapoor. Mr. Kapoor is extremely fond of his pet dog, Cooper. One day, Kapoor realizes that Cooper is missing from his kennel. He is frantic with worry and sends Sonia on a quest for the dog. Sonia sets out, pastes notices in public places, and enquires about the dog. She has been instructed to return only if she finds the dog. In the meantime, Kapoor announces in the popular newspaper, The Statesman, that Cooper is missing, and that anybody who finds the Labrador and brings him back would be awarded a sum of Rs. 10,000. The next day, Kaza brings a brown Labrador with him and claims the reward. Mr. Kapoor immediately realizes that the dog is not Cooper, and refuses to pay the sum. Kaza asserts that the dog is named Cooper, is a brown Labrador resembling the picture in the newspaper, and since he has accepted the offer by bringing the dog, there is a valid contract formed, and Kapoor is bound to pay the consideration of Rs. 10,000. Three days later, Sonia manages to find Cooper in a nearby park and brings him back home. Kapoor is overjoyed and raises Sonia‘s salary from Rs. 12,000 per month to Rs. 20,000. Sonia then discovers the notice in the newspaper, goes to Kapoor, and claims the reward. Kapoor refuses to pay, as he as already given her an increment in salary.

Q.
Is Sonia liable to claim the reward? Would Kapoor have to pay her the amount?

Directions: Questions 21-24 are based on a common set of Principles and Facts. Answer accordingly.

Principle 1 – An offer is made when one person signifies to another, his willingness to do or not do something, with a view to obtaining that person‘s assent.

Principle 2 – When the person to whom the offer is made signifies his assent thereto, the offer is said to be accepted.

Principle 3 - When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing something, such act or abstinence or promise is called a consideration for the promise.

Principle 4 – An agreement without consideration is not enforceable under law.

Principle 5 – Parties to a contract must agree upon the same thing in the same sense.

Principle 6 – Parties competent to contract must be major and of sound mind.

Facts – Sonia is a gardener in the mansion of Mr. Kapoor. Mr. Kapoor is extremely fond of his pet dog, Cooper. One day, Kapoor realizes that Cooper is missing from his kennel. He is frantic with worry and sends Sonia on a quest for the dog. Sonia sets out, pastes notices in public places, and enquires about the dog. She has been instructed to return only if she finds the dog. In the meantime, Kapoor announces in the popular newspaper, The Statesman, that Cooper is missing, and that anybody who finds the Labrador and brings him back would be awarded a sum of Rs. 10,000. The next day, Kaza brings a brown Labrador with him and claims the reward. Mr. Kapoor immediately realizes that the dog is not Cooper, and refuses to pay the sum. Kaza asserts that the dog is named Cooper, is a brown Labrador resembling the picture in the newspaper, and since he has accepted the offer by bringing the dog, there is a valid contract formed, and Kapoor is bound to pay the consideration of Rs. 10,000. Three days later, Sonia manages to find Cooper in a nearby park and brings him back home. Kapoor is overjoyed and raises Sonia‘s salary from Rs. 12,000 per month to Rs. 20,000. Sonia then discovers the notice in the newspaper, goes to Kapoor, and claims the reward. Kapoor refuses to pay, as he as already given her an increment in salary.

Q.
Suppose that Harsha, Kapoor‘s neighbor, while taking a walk in the park, recognizes copper and brings him back. He is unaware of the newspaper notice. Can he claim the reward?

Principle – Volenti non-fit injuria – One who voluntarily consents to harm, cannot seek damages.

Facts – Jitesh is a tennis player with the NALSAR Tennis Association. One evening, while playing an intense match of tennis, the Vice-Chancellor of the university decides to visit the tennis court to watch the match. He enters the court, seats himself at the stands, and watches the progress of the match. Accidentally, he drops his watch on the court, and Jitesh steps on it while trying to hit a backhand. The watch is a Rolex and has been shattered to pieces. Jitesh is terrified of disciplinary action that might be taken against him and is also upset that he has broken a Rolex, endorsed by his favorite player, Federer. He approaches you for advice.

Directions: Questions 26-28 are based on a common set of principles and facts. Answer accordingly.

Principle 1 – An offer may be made to the world at large, but a contract can only be made with the person who performs the conditions of the offer and thereby accepts the offer.

Principle 2 – In order for a contract to be valid, there must be an intention to enter into legal relations.

Facts – Fight Anopheles Inc. is a company that manufactures mosquito repellant coils, sprays, etc. They have invented a new mosquito repellant cream that insulates specifically from the lethal bite of the Anopheles mosquito, the transmitting agent for malaria. In order to advertise and increase sales of this repellant cream, they put out an advertisement in the popular daily, The Logical Citizen. It claims that Fight Anopheles Inc. shall pay a sum of Rs. 5000 to anyone who contracts malaria despite having used the repellant cream. Further, it states that Rs. 50,000 has already been deposited at the Enigma Bank as a mark of Anopheles‘ sincerity in the matter. Ms. Dunbar comes across this advertisement and is intrigued by the product. Hoping that it will keep the mosquito menace at bay, she purchases it and uses it every day, but contracts malaria nonetheless. Upset that she had put her faith in an absolutely ineffective
product, she claims that the sum of Rs. 5000 be paid to her immediately.

Q.
Has there been an intention to contract?

Directions: Questions 26-28 are based on a common set of principles and facts. Answer accordingly.

Principle 1 – An offer may be made to the world at large, but a contract can only be made with the person who performs the conditions of the offer and thereby accepts the offer.

Principle 2 – In order for a contract to be valid, there must be an intention to enter into legal relations.

Facts – Fight Anopheles Inc. is a company that manufactures mosquito repellant coils, sprays, etc. They have invented a new mosquito repellant cream that insulates specifically from the lethal bite of the Anopheles mosquito, the transmitting agent for malaria. In order to advertise and increase sales of this repellant cream, they put out an advertisement in the popular daily, The Logical Citizen. It claims that Fight Anopheles Inc. shall pay a sum of Rs. 5000 to anyone who contracts malaria despite having used the repellant cream. Further, it states that Rs. 50,000 has already been deposited at the Enigma Bank as a mark of Anopheles‘ sincerity in the matter. Ms. Dunbar comes across this advertisement and is intrigued by the product. Hoping that it will keep the mosquito menace at bay, she purchases it and uses it every day, but contracts malaria nonetheless. Upset that she had put her faith in an absolutely ineffective product, she claims that the sum of Rs. 5000 be paid to her immediately.

Q.
Is Anopheles liable to pay?

Directions: Questions 26-28 are based on a common set of principles and facts. Answer accordingly.

Principle 1 – An offer may be made to the world at large, but a contract can only be made with the person who performs the conditions of the offer and thereby accepts the offer.

Principle 2 – In order for a contract to be valid, there must be an intention to enter into legal relations.

Facts – Fight Anopheles Inc. is a company that manufactures mosquito repellant coils, sprays, etc. They have invented a new mosquito repellant cream that insulates specifically from the lethal bite of the Anopheles mosquito, the transmitting agent for malaria. In order to advertise and increase sales of this repellant cream, they put out an advertisement in the popular daily, The Logical Citizen. It claims that Fight Anopheles Inc. shall pay a sum of Rs. 5000 to anyone who contracts malaria despite having used the repellant cream. Further, it states that Rs. 50,000 has already been deposited at the Enigma Bank as a mark of Anopheles‘ sincerity in the matter. Ms. Dunbar comes across this advertisement and is intrigued by the product. Hoping that it will keep the mosquito menace at bay, she purchases it and uses it every day, but contracts malaria nonetheless. Upset that she had put her faith in an absolutely ineffective product, she claims that the sum of Rs. 5000 be paid to her immediately.

Q.
Ms. Sharp, who also saw the advertisement, decides to test the repellant cream for its efficacy. Despite its usage, she contracts malaria, and wishes to sueAnopheles for misrepresentation and claim the sum. Suppose that Anopheles has already paid Ms. Dunbar the sum, would they still be liable to pay Ms. Sharp?

Directions: Questions 29-30 are based on a common set of principles and facts. Answer accordingly.

Principle 1 – An offer is the final expression of willingness by the offeror to be bound by his offer, should the other party choose to accept it.

Principle 2 – An invitation to offer merely invites others to make offers that one may or may not accept. It is not an offer in itself.

Principle 3 – Acceptance needs to be communicated to the offeror.

Facts – Lockhart writes to his closest friend and aide, Helga, ―I wish to sell my book, A Cauldron Full of Hot Strong Love, for 200 Galleons.

He then sends a letter to Sirius – ―Sirius, I have been meaning to sell my book, the one that chronicles our adolescent experiments in love and other adventures. What do you think?

He also writes to Harry  ―Harry, I am your biggest fan. Would you like to buy my book, A Cauldron Full of Hot Strong Love, for 200 Galleons? and to Ron ―Ron, I see that you are in need of advice on matters of the heart. Why don‘t you buy my book, A Cauldron Full of Hot Strong Love, for 200 Galleons? Willing to offer a discount of 20%.

Harry sees the letter, makes a mental note of Lockhart‘s message, and throws the letter in the dustbin. He intends to buy the book and makes a reminder note to write back to Lockhart and send him a sum of 200 Galleons.

Ron receives the letter and immediately writes back to Lockhart saying that he would like to buy the book. He posts the letter, the letter reaches Lockhart, but he then decides not to offer the discount or even sell the book to Ron.

Q.
Has Lockhart made an offer to Helga?