Test: Passage Based Legal Reasoning (Easy) - CLAT MCQ

Principle: Nuisance as a tort (civil wrong) means an unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it. 
Fact: During the scarcity of onions, long queues were made outside the defendant's shop who having a license to sell fruits and vegetables used to sell only 1 Kg. of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendant. 

Principle: Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a person’s fundamental right. 
Facts: Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers files a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law. 

Principle: Whoever stores a substance that could potentially cause damage on escape shall be absolutely liable for any damage caused by the escape of such substance from its premises. The person will be liable for the tort of negligence. 

Facts: Prerna and Anurag decide to buy a mini- chemical capsule for their scientific experiments. The minuscule capsule has great potentiality for damage if broken, and hence Prerna and Anurag take complete precautions against that. However, one day the capsule breaks due to an earthquake. Their neighbour, Bajaj, rushes into their premises to check what caused the loud sound that accompanied the breakage of the object. Prerna and Anurag ensure that the damage is contained within the premises of the room. However, their neighbour, Bajaj, sues them for the damage caused to him due to contact with the toxic object.

Principle:

I. Slander is any defamation that is spoken or heard.

II. Libel is any defamation that can be seen like writing, printing, movie, statue etc.

Facts: Meeta and Reeta are both popular actresses in the Hindi film industry. They were the best of friends. However, when Meeta was replaced by Reeta in a film, she came on the sets of the film and interrupted the shooting. She started ranting on how Reeta used to pay directors and producers in order to compel them to cast her. Following this public outburst, Reeta lost out on major endorsement deals as companies were apprehensive about her damaged reputation.

Principle: Liability for the breach of a duty of care is not limited to professionals or persons under a written or oral contract of some kind. All members of society have a duty to exercise reasonable care towards others and their property.

Facts: M/s. Dribble and Co. were renowned manufacturers for sports equipment. They launched a new type of cricket ball in the market which had extra bounce and was best for practising fast catches and honing one’s fielding skills. Barrie bought the ball and started playing with it right next to Mrs. Frosty’s house. The ball nearly hit the glass windows four times, but Barrie kept on playing with it, until finally, the ball hit the window and shattered it. Who will be liable for breach of duty of care in this case?

Principle: There are several defences to trespass to land, one of them being license. License constitutes an express or implied permission given by the owner to be on that land. It is considered irrevocable provided it is not given by a contract or, there is no flaw in the agreement.

Facts: Ben had a license through the contract to free access to the pool in Gregory’s backyard from 1/2/2003 to 2/1/2004. Gregory found Ben swimming in the pool when he came home from work on 1/1/2004.

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

Principle:
I. The contract is void if the consideration is forbidden by law. The consideration of an agreement is unlawful if it is forbidden by law.
II. Bribery is forbidden.

Facts: A was fighting a land acquisition case against B in the court. The case had been dragging on for more than 10 years. One day A went to C, the judge who was overseeing the proceedings of the case and offered him Rs.10,000 to make A win the case. Was the consideration valid in this contract?

Principle: Agreements by way of wager are void except those entered into for or toward any plate, prize or sum of money of the value or amount of Rs. 500 or upwards, to be rewarded to the winner or winners of any horse-race.

Facts: Feroz is a lazy man who spends most of his time gambling and betting on horse races to earn money. One day, he placed a bet for a sum of Rs. 350 on a horse race with his friend Harish. Feroz kept pursuing Harish to pay the amount when Harish lost the bet, but Harish refused to do so, saying there was no valid agreement between them.

Principle: A contract is not voidable because it was caused by mistake as to any law in force in [India], but a mistake as to a law not in force in [India] has the same effect as a mistake of fact.

Facts: Ramone and Sandeep enter into a contract with the erroneous belief that ‘X’ type of cargo is prohibited under the Merchant Shipping Act, 1958.

The contract will be …….

Principle:
I. Express consent may be in verbal, nonverbal or written form and is clearly and unmistakeably stated
II. Implied consent is not expressly granted by a person but rather deduced from a person’s actions and the facts and circumstances

Facts: Norah was leaving for an urgent meeting. Her friend Beth asked if she could borrow Norah’s Gucci handbag for a party. Norah exclaimed, “Of course, you can. Anytime!” and rushed off.

Which of the following is correct?
I. There was express consent
II. There was implied consent
III. There was verbal consent
IV. It cannot be determined

Principle: A partner is liable for the debts incurred by the other partners only in the course of partnership.
Facts: Sandy and Pinto enter into a partnership to produce a Bollywood action thriller, wherein Sandy is also the Director of the movie. The movie was a flop at the box office and received negative reviews by film critics. Consequently, they ran into financial difficulties, and the partnership ended. Pinto went to Albert to borrow some money, which Albert understood was for repaying the debts from the partnership. Pinto took the money and absconded to Bali. Albert sues Sandy for the amount. Decide.