Legal Mock Test - 12


50 Questions MCQ Test Mock Test Series for CLAT 2020 | Legal Mock Test - 12


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QUESTION: 1

Privity of contract is subject to the exception……

Solution:

The correct option is A.
There are exceptions to the general rule, allowing rights to third parties and some impositions of obligations. These are: Collateral Contracts (between the third party and one of the contracting parties) Trusts (the beneficiary of a trust may sue the trustee to carry out the contract)

QUESTION: 2

A void agreement is

Solution:
QUESTION: 3

To make a contract voidable must have been exercised against

Solution:
QUESTION: 4

An agreement to share earnings of smuggling business is

Solution:
QUESTION: 5

Express contract means

Solution:

The correct option is B.
An express contract is an exchange of promises in which the terms by which the parties agree to be bound are declared either orally or in writing, or a combination of both, at the time it is made.

QUESTION: 6

There can be a stranger to a……………

Solution:
QUESTION: 7

Coercion involves:

Solution:
QUESTION: 8

A student was motivated by his teacher to sell his car (Value being Rs. 10,00,000) for Rs. 5,00,000. The student sold the same at the desired price of the teacher. The student can sue the teacher on the ground of:

Solution:
QUESTION: 9

A person to whom money has been paid anything delivered under coercion

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QUESTION: 10

Justice verma committee was formed to recommend

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QUESTION: 11

A polished B shoes without being accepted by B to do so. B does not make any attempt to stop A from polishing the shoes. Decide

Solution:
QUESTION: 12

………consideration is no consideration in England

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QUESTION: 13

A buyer can sue for specific performance of the contract if the goods are…………..

Solution:

A is the correct option.Suit for specific performance- When the goods are specific or ascertained, a buyer may sue the seller for specific performance of the contract and compel him to deliver the same goods.

QUESTION: 14

A patient is brought to a hospital maintained by B. The patient is to be operated upon. If as a result of faulty oxygen supply machine, the patient dies on the operation table, then:

Solution:
QUESTION: 15

X along with other passengers hired a bus owned by Y and driven by his driver Z. in the mid-way, the bus was punctured. So Y transferred X and other passengers to another bus owned by L, and driven by his servant R. The second bus met with an accident, in which X died and some other passengers were injured. W, X widow, sued for her husband death. In this case which one of the following is correct?         

Solution:
QUESTION: 16

The last opportunity principle is related to the          

Solution:

D is the correct option. Under this doctrine, a negligent plaintiff can nonetheless recover if he is able to show that the defendant had the last opportunity to avoid the accident. Conversely, a defendant can also use this doctrine as a defense. If the plaintiff has the last clear chance to avoid the accident, the defendant will not be liable.

QUESTION: 17

In which one of the following situations A will be liable for defamation?

A writes a letter containing a defamatory matter about B and

Solution:

The correct option is C.
A will be liable only when the person who he is defaming or any other person related to the person who is being defamed reads the letter.

QUESTION: 18

When a master A has lent only the labour of his servant to another master B, who of the following is/are liable for the wrongful acts of the servant?         

Solution:

According to the principle of vicarious liability under law of torts, the real master is vicariously liable for the wrongful acts of the servant, unless and until there is an express contract contrary to it.

QUESTION: 19

Principle: A person is entitled to protect his property by using lawful means.

Facts: Ramlal is growing valuable vegetables and fruits in his farm and he has fenced the farm to prevent the cattle from entering into it. In addition he has kept a ferocious dog to chase away intruding urchins and cattles. Some children were playing in a nearby playground and the ball slipped into the farm. A boy running after the ball came near the fence and shouted for the ball. When there was no response, he managed to creep into the farm to get the ball. The dog which was surreptitiously waiting attacked the boy and badly mauled him. The boy's parents filed a suit against Ramlal.

Solution:

C is the correct option. Ramlal is liable. The law  only provides that A person is entitled to protect his property by using lawful means. So, there was no need to keep such a ferocious dog who could harm anyone like this.

QUESTION: 20

Principle: `Volenti non fit injuria', a well-established legal principle, means that a person has no legal remedy for the injury caused by an act which he has consented.

Situation: An old man was walking in a narrow one-way lane in the opposite direction. It was night-time and there was no street lighting. A car moving in right direction but without headlights knocked him down since the driver could not see him. He filed a suit against the driver.

Solution:
QUESTION: 21

Legal Principle: Volenti non fit injuria means a person has no remedy against an injury caused by an act to which he has consented.

Situation: Ravi was in a hurry to get to the airport to catch the plane and he hired a taxi run by Sekhon Taxi Stand, well known in that locality. Ravi asked the driver to drive fast. In the city zone, there was a speed limit of 60 km per hours and the driver, rather reluctantly, drove quite fast at times 90 km per hour to reach the airport in time. As a result, the driver lost control and hit an obstacle and Ravi was badly injured. Ravi filed a suit against the taxi stand.

Solution:
QUESTION: 22

Assertion (A): when you invite somebody to your house, you cannot sue him for trespass.

Reason (R): one cannot enforce a right which one has voluntarily waived or abandoned

Codes:

Solution:
QUESTION: 23

‘X’ with a view to murdering ‘Y’ enters ‘Y’ bedroom at night when ‘Y’ is out of station. What is ‘X’ guilty of?

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QUESTION: 24

The liability of independent tort feasors

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QUESTION: 25

When was Pondicherry handed over by French to India and added as UT

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QUESTION: 26

Where a muslim male and a muslim female contract their marriage under the special marriage act 1954, Muslim personal law

Solution:

B is the correct option.The Special Marriage Act, 1954 is an Act of the Parliament of India enacted to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. It applies on Any person, irrespective of religion. Inter-religion marriages are performed under this Act. This act precedes over any other act or personal law.

QUESTION: 27

The chairman of Public accounts committee (PAC) of the parliament is appointed by

Solution:
QUESTION: 28

Which court is regarded as the Guardian of Fundamental rights of the people

Solution:
QUESTION: 29

Emergency provisions of the constitution are borrowed from

Solution:
QUESTION: 30

The railway budget Was separated from the central budget in the year

Solution:
QUESTION: 31

Which of the following is/are listed among the Directive Principles in Part IV of the constitution?

I. equal pay for equal work
II. Uniform civil code
III. small family norm
IV. education through mother tongue at primary level

Solution:

The correct option is B.
The Directive Principles of State Policy are listed in Part IV of the Constitution, they are fundamental in the governance of the Nation. Equal pay for equal work for men and women(article 39) and securing for all citizens a Uniform Civil Code(article 44) are Directive Principles.

QUESTION: 32

Who decides whether a member of parliament is subject to any disqualification?

Solution:
QUESTION: 33

Principle: Master/Principle is vicariously liable for the tort committed by a servant/agent in the performance of his duties as a servant/agent

Facts: The plaintiff, a bullion merchant was arrested by the police on a charge of purchasing stolen goods. Some of the gold and silver ornaments were seized from the plaintiff and were kept in the police custody. The duty constable appropriated the gold ornaments and escaped to a foreign country. The plaintiff after being acquitted brought an action against the state for the compensation. In this case compensation is

Solution:

A is the correct option. The Principle is vicariously liable only  for the tort committed by a servant/agent in the “performance of his duties as a servant/agent” and in this case the act committed by the constable was not included in his course of responsibility. Hence, the state is liable to pay the compensation.

QUESTION: 34

Principle: Defamation means publication of a false and derogatory statement about another person without lawful justification

Facts: A writes a derogatory letter to B containing defamatory remarks in reference of B in Urdu language. A is aware that B does not know Urdu. B goes to C who knows Urdu and the letter is read over by C to him. B sues A for defamation

Solution:

The correct option is A.
A defamation as a tort is only a wrong if the defamation is of nature which harms the reputation of a person who is alive. The term "defamation" is an all- encompassing term that covers any statement that hurts someone's reputation. If the statement is made in writing and published, the defamation is called 'libel'. If the hurtful statement is spoken, the statement is called 'slander'. In the above situation, there was publication of the letter, libel has been committed.

QUESTION: 35

Principle: False imprisonment is the confinement of a person without just cause or excuse. There must be a total restraint of the person and the onus of proving reasonable cause is on the defendant

Facts: A entered in B’s park where there was an artificial lake for the boating. A paid 100Rs. For entering the park and has to pay 100Rs at the time of exit. A waited for 30 minutes but no boat was available. A came out however denied to pay 100Rs. For exit, B did not allow A to leave the park unless he paid 100Rs for exit. A sued B for false imprisonment

Solution:
QUESTION: 36

Principle: Attempt is an act done with intent to commit crime, and forming part of the series of acts which would constitute actual commission of the crime, if not interrupted

Facts: A intending to murder B by poison, purchases poison and mixes the same with a glass of water. He gave to the bearer to serve B. the bearer while approaching B, loses the balance and the glass drops out of his tray

Solution:
QUESTION: 37

Principle: 1) Parties to contract should be capable of entering into a contract, only than they can lay the foundation of a valid contract

2) every person is competent to contract who is of age of majority

Facts: A minor agreed with B to become a tenant of his house and to pay Rs. 10000 for the furniture therein. He paid Rs. 8000 in cash and gave a promissory note for the balance. A occupied the premises and used the furniture for some months and then brought an action for refund of consideration. In this case

Solution:
QUESTION: 38

In India, the reckoning date for the determination of the juvenile is the  

Solution:
QUESTION: 39

In India cyber terrorism is an offence punishable under

Solution:

The correct option is A.
The Information Technology Act, 2000.
Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.

QUESTION: 40

when a judge makes certain remarks in the course of his judgment which are said by the way and do not have direct bearing on the facts at hand, such remarks are called

Solution:
QUESTION: 41

A notice in the newspaper inviting tenders is

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QUESTION: 42

The agreement which is not legally enforceable is known as

Solution:
QUESTION: 43

An offer was sent by post, the acceptor wrote accepted on the letter, put it in his drawer & forgot about it. The transaction is

Solution:
QUESTION: 44

‘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: 45

Mi stake of both the parties about the subject matter renders an agreement

Solution:
QUESTION: 46

‘A’ contracts to pay ‘B’ Rs. 1,000 if the B’s house is burnt. This is a

Solution:
QUESTION: 47

Principle: Voluntary drunkenness is not a defence under section 85 and 86 IPC

Facts: A has in his possession a bottle of poisonous lotion for external application and a bottle of medicine for internal use. A in a drunken condition gives to his child an ounce of the poisonous lotion to drink as a result of which the child died. Is A guilty of any offence?

Solution:
QUESTION: 48

Principle: Attempt to murder is punishable under Section 307 IPC, but preparation is not an offence.

Facts: A mixes sugar, thinking that it was poison in the tea meant for B with an intention to cause his death. What offence, if any has been committed by A?

Solution:
QUESTION: 49

Principle: Bigamy is punishable under Section 494 IPC.

Facts: A believing, she was not validly married to B, deserts him and marries C. Has she committed bigamy?

Solution:
QUESTION: 50

Principle: A person is guilty of culpable homicide amounting to murder, if the act by which the death is caused is done with the intention of causing murder.

Facts: A was suffering from Jaundice and inflammation of the brain and B was in the knowledge of this condition. One day, during a heated argument on some issue, A slapped B in anger. B lost his self control and dealt a severe blow on A’s head. As a result, A died. The police sought to prosecute B for murder.

Solution:

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