Legal Reasoning- 3 Previous Year Questions with Solutions

Some readers wondered whether my reading of the crisis in the news media is about journalism or about the news industry. Though the fortunes of the news industry have a bearing on journalism, there is, indeed, a difference between looking at issues that govern journalism and the factors that contribute to the financial stress of the media industry. Over the last few years, 1 have been discussing the impact of digitalisation on journalism. The pandemic has accelerated the process of digital transformation of the news media. Therefore, these issues need close scrutiny. One of the defining elements of analog journalism was the way two crucial functions of journalism—bearing witness and making sense—complemented each other and helped people make informed choices. When I talk about the strength of analog, I am neither romanticising the past nor am I a Luddite. Most importantly, I do not believe in nostalgia. Many scholars have established "how rose- coloured glasses always leads to an unfair distortion—looking back on the best of the past while comparing it to the worst of the present." Hence, when I talk about the digital information news environment, I am talking about how there needs to be a conducive atmosphere for credible information to resonate with the people. Literature on misinformation, disinformation and malinformation reveals a new distinction in the minds of the citizens. Editors and journalists have to contend with a new' breed of sceptics. These are the people who trust social media forwards more than evidence-based, data- driven journalism. Their confirmation bias flows from encrypted social media platforms that arc full of conspiracy theories.

Q.80. Which of the following conveys the main idea expressed in the passage?    (CLAT, 2020)
(a) Those who subscribe to newspapers are sceptics.
(b) Those who subscribe to newspapers and news channels often contribute in distortion of the truth.
(c) Social media journalism distorts the truth.
(d) All of the above.

Correct Answer is Option (b)

Q.81. In this line, “Hence, when I talk about the digital information news environment, I am talking about how there needs to be a conducive atmosphere for credible information to resonate with the people” the Author assumes that:    (CLAT, 2020)
(a) The Digital news is neither evidence based nor data driven.
(b) The Digital journalism does not help people in making informed choices.
(c) Both (a) and (b)
(d) Tine impact of Digital journalism has created an informed platform of journalism.

Correct Answer is Option (c)

Q.82. Which of the following strengthens the Author's argument?    (CLAT, 2020)
(a) Conspiracy theories have become an alternative truth.
(b) The Pandemic is the only reason behind the dependence of people on Social media journalism.
(c) The News industry is witnessing a tremendous change.
(d) None of the above.

Correct Answer is Option (a)

Q.83. What does the Author indicate when he quotes that “Rose coloured glasses always lead to unfair distortion"?    (CLAT, 2020)
(a) Digital Journalism is twisted.
(b) Author means to say that he does not have any disproportionate bias for analog journalism.
(c) Rosy picture of every news cannot be created.
(d) All of the above.

Correct Answer is Option (b)

Q.84. The Author has severely targeted and criticized which one of the following factors of Digital Journalism?    (CLAT, 2020)
(a) Social Outreach
(b) Credibility of Information
(c) Lack of Information
(d) None of the above.

Correct Answer is Option (b)

In 1985, Mikhail Gorbachev, launched an ill-fated anti-alcohol campaign in the then Soviet Union. The antialcohol campaign had some beneficial public health consequences: Crime fell and life expectancy rose. But the campaign was a political and economic disaster. Gorbachev forgot that the addiction of the state to alcohol revenue was even more incurable than the addiction of some citizens to alcohol jtself. The budgetary losses created an economic crisis. Historians suspect that more than the loss of the Soviet Empire, it was this campaign that delegitimised Gorbachev. An old Soviet joke went like this: A disaffected and angry citizen, fed up of standing in lines for vodka, decided to go assassinate Gorbachev. He soon came back and ruefully reported that the lines to assassinate Gorbachev' were even longer than the lines for Vodka. As the lockdown eased in India, and social distancing went for a toss at alcohol outlets, we were reminded of how difficult an issue alcohol is to rationally discuss in India. The stampede was caused by the ineptness with which the opening was handled in most cities. Alcohol has also migrated from being a question of personal freedom and choice to an issue in broader cultural wars, an odd site on which we measure progressivism in India. It is also a window on how liberalism has been misunderstood. Liberals should, rightly, be suspicious of prohibition on moral and practical grounds. Government grossly exceeds its legitimate power when it interferes with the rights of individuals to lead their lives as they please, and fashion their selves after their own ideals, interests and preferences. And certainly, moralism or puritanism on alcohol cannot be the basis of state policy. That moralism has no basis, and it violates the dignity and freedom of individuals.

Q.85. In the above passage, the author uses a/an_____ to strengthen his argument.    (CLAT, 2020)
(a) Metaphor
(b) Analogy
(c) Personification
(d) None of the above

Correct Answer is Option (b)

Q.86. Which of the following can be inferred from the passage above?    (CLAT, 2020)
(a) State must not interfere at all with the individual's right to drink.
(b) Liberalism has always been misunderstood.
(c) It is very difficult to discuss any issue relating to personal freedom of individuals with rationality in India.
(d) None of the above.

Correct Answer is Option (d)

Q.87. Which of the following statements weakens the argument that Moralism on Alcohol cannot be the basis of State Policy?    (CLAT, 2020)
(a) The State should not interfere with people's right to drink; but there will be a backlash if drinking takes forms that inflict great social harms.
(b) Freedom should not be divorced from Moderation.
(c) The State should not interfere in matters of sexuality or intimacy. But norms of freedom will impose serious costs and will not survive if the expressions of sexuality are consistently degrading or violent, as we have seen in the locker room scandals.
(d) All of the above.

Correct Answer is Option (d)

Q.88. Which of the following is true as per the passage above?    (CLAT, 2020)
(a) Liberals should not be concerned about prohibition on Alcohol at all.
(b) Moralism should be based on justified ideals.
(c) Moralism must not be the basis of any State action.
(d) All of the above.

Correct Answer is Option (b)

Q.89. According to the passage, which of the following could be part of State's policy to regulate Alcohol use in India?    (CLAT, 2020)
I. Ban on Alcohol shops.
II. Education on Intelligent Drinking.
III. Regulating Outlet density of Alcohol shops IV. Community Intervention Policy
(a) I, n and III
(b) II and IV
(c) II, III and IV
(d) I, II, III and IV.

Correct Answer is Option (c)

Q.90. What is the cloud behind the silver lining' in the passage above?    (CLAT, 2020)
(a) The Pandemic which is impacting the current education system.
(b) That, the Governmental educational institutions are not able to deliver quality education.
(c) Scoring Higher marks or percentage in school education does not guarantee skilled and competitive candidature of the student.
(d) License Raj has negatively impacted Higher education.

Correct Answer is Option (c)

Q.91. Which of the following statements weakens the argument that chopping the syllabi in the times of Pandemic will only worsen a student's disorientation and hence should be reconsidered?    (CLAT, 2020)
(a) It does not matter even if syllabi is chopped. The students who don't want to study will even not study in the minimal syllabi structure even during the pandemic.
(b) Students don't care about syllabi. They study only for marks and grades.
(c) Reduced syllabi will help in achieving the teaching-learning targets in due time and hence won't put pressure on students.
(d) All of the above.

Correct Answer is Option (d)

Q.92. The number of students scoring 95% and above in XII class board exams has more than doubled. Which of the following statements serves as a plausible explanation for the same?    (CLAT, 2020)
(a) Students have started studying with sincerity and concentration.
(b) Evaluation of answer scripts has become liberal.
(c) Question papers these days are easier to solve.
(d) All of the above.

Correct Answer is Option (d)

Q.93. For developing a student friendly ecosystem of education, which of the following serve as need of the hour, as per the Author?    (CLAT, 2020)
I. Increasing the Syllabi in School education.
II. Building adequate number of public colleges and universities.
III. Eliminating Reservation in admissions to Higher education system.
IV. Creating a quality based education system
(a) Only I and II.
(b) Only I, II and IV.
(c) Only III.
(d) Only II and IV.

Correct Answer is Option (d)

Q.94. Which of the following can be inferred from the passage above?    (CLAT, 2020)
(a) Scoring High marks in XII class can help in reducing stress amongst students in the times of Pandemic.
(b) High Cut-off of marks also contribute in reducing opportunities for the students.
(c) Private institutions should not be regulated.
(d) License Raj should be done away with.

Correct Answer is Option (b)

If anything, the novel coronavirus disease (COVID-19) pandemic has taught us to rethink our lifestyles and question our need to travel to work every day. After all, in the age of internet, zoom meetings and webinars can be virtually conducted and physical distancing is possible. A large nature of work in cities is of tertiary nature, a major part of which can be done from home. Tins can affect the way offices function and reduce the need for all employees to be physically present every day. Information Technology companies are already contemplating a move of making many of its employees work from home and make this a new normal'. If more firms follow suit, the need for huge office buildings and central business districts would change. Apartments cannot get bigger at the same rate, and people may not have the space or atmosphere to work from home. This would mean that more people would opt for co-working spaces close to their homes. This could be a game changer, for it would provide the cities to better distribute their activities throughout the spaces and rid themselves of the idea of zoning. Only a handful of professionals are allowed to function from residential zones, including doctors, lawyers, architects, etc. This needs serious rethinking. Many more professions of similar nature that do not disturb surrounding residence and have no requirements of special sendees should be added to the list. This new work culture would bring associated demand for food joints, cafes, stationary shops, etc.
Q.95. Which of the following is the main idea behind the passage?    (CLAT, 2020)
(a) Work from home is the new normal.
(b) Work from home will result in shutting down of big buildings.
(c) Work from home culture will result in systematization of City planning and development.
(d) More professionals should be included in the work from home' list.

Correct Answer is Option (c)

Q.96. Which of the following can be inferred from the passage above?    (CLAT, 2020)
(a) The work from home' culture is a no-chaos culture.
(b) There is lack of distribution of activities in the work from home' scenario.
(c) The routine culture as opposed to work from home' does not benefit tine society in any way.
(d) All of the above.

Correct Answer is Option (a)

Q.97. Which of the following can be associated benefits of the new culture?    (CLAT, 2020)
(a) It will save commute time.
(b) The city's land can be used more efficiently
(c) Better distribution of activities would be associated with safer streets and public spaces as they would not go unused and hence have less likelihood of being used for unlawful activities.
(d) All of the above.

Correct Answer is Option (d)

Q.98. Consider the following statement: "Work from home culture is a sustainable method of business and should be extended to all professions.”
Which of the following weakens the Author's argument?    (CLAT, 2020)
(a) Not every type of profession fits in the work from home culture as different professions have different requirements and need different environmental and work space settings.
(b) Work from home impacts a person's mental health.
(c) Both (a) and b)
(d) Neither (a) nor b)

Correct Answer is Option (c)

Q.99. Which of the following weakens the author's argument that Work from home culture will enable better city planning?    (CLAT, 2020)
(a) Development of Co-working spaces will further create chaos in terms of land planning.
(b) City planning is not only about reducing spaces.
(c) Work from home will also reduce the flow of money in the economy.
(d) All of the above.

Correct Answer is Option (d)

Following is an array of questions to test your reasoning ability in different situations. Answer each of them according to the question asked in each of them respectively:
Q.100. If highways were restricted to cars and only those trucks with capacity of less than 8 tons, most of the truck traffic would be forced to run outside highways. Such a reduction in the amount of truck traffic would reduce the risk of collisions on highways. The conclusion drawn in the first sentence depends on which of the following assumptions?    (CLAT, 2020)
(a) The roads outside highway would be as convenient as highway for most drivers of trucks.
(b) Most of the roads outside highways are not ready to handle truck traffic.
(c) Most trucks that are currently running in highway have a capacity of more than 8 tons.
(d) Cars are at greater risk of being involved in collisions than are trucks.

Correct Answer is Option (c)

Q.101. Read the debate between Harry and Potter and identify the main issue:
Harry: Within democracies, voters are entitled to know the down-side to a candidate and the other side is obviously well placed to voice it. To stifle one's ability to voice negative things about a candidate would be to obstruct democracy and limit free speech.
Potter Negative advertisements produce the politics of the personal, since an easiest advert is an attack-advert which focuses on the personality or personal qualities of one's opponent. A negative advertisement is one that focuses upon a rival product, in this case, a rival election candidate or party in order to point its flaws and to persuade the public to not vote for it.    (CLAT, 2020)
(a) Whether negative advertisement strengthens democratic governance?
(b) Whether the practice of negative advertisements is good for democracy and politics?
(c) Whether negative advertising needs to be banned?
(d) Whether negative advertising produces the politics of the personal?

Correct Answer is Option (b)

Q.102. Which alternative applies to the following Statement and Assumption? Statement: Go by Aeroplane to reach Delhi from Chennai quickly.    (CLAT, 2020)
Assumptions:
I. Chennai and Delhi are connected by Air service.
II. There is no other means to commute from Chennai to Delhi.
III. The Air distance between Delhi and Chennai is less.
(a) Only I is implicit.
(b) Only I and II are implicit.
(c) Only I and III are implicit.
(d) Only II is implicit.

Correct Answer is Option (c)

Q.103. Ananya and Krishna can speak and follow English. Bulbul can write and speak Hindi as Archana does. Archana talks with Ananya also in Bengali. Krishna cannot follow Bengali. Bulbul talks with Ananya in Hindi. Who can speak and follow English, Hindi and Bengali?    (CLAT, 2020)
(a) Archana
(b) Bulbul
(c) Krishna
(d) Ananya

Correct Answer is Option (d)

Q.104. If 367' means I am happy'; 748' means you are sad' and 469' means happy and sad' in a given code, then which of the following represents and' in the code?    (CLAT, 2020)
(a) 3
(b) 6
(c) 9
(d) 4

Correct Answer is Option (c)

One of the biggest casualties of the Covid-19 pandemic and the resultant lockdown has been institutionalised education. Schools have been shut to prevent the spread of the virus and this has given way to online classrooms, a very new concept in India even for the most sophisticated schools. It is commendable how easily some educational institutions have moved to virtual classrooms, all thanks to tools such as Zoom, Google Hangouts and Microsoft Teams. But there are some still struggling to get online.
The online classes, whatever the enabling technology is only as good as the teachers and the ability of the students to grasp the new teaching technique. One of the teachers felt students are actually more responsive and active in online classrooms, compared to when they arc in physical ones. "This could be because this is a new concept and they are excited to explore it with the teachers.
They also don't get distracted by their classmates, which frequently happens in a regular class." Teachers do find the absence of a blackboard a disadvantage and network connectivity a constant problem. "We miss the clarity that a blackboard gives us, we arc kind of making do with the virtual whiteboard on Zoom." Shweta Kawatra, a parent who teaches in a New Delhi school, highlights that many students have not been able to take advantage of the virtual platform because they do not have a suitable device at home or lack a good internet connection. "It has its own share of disadvantages too. Too much screen time can be perilous for health. Prolonged online sessions can be overwhelming and may lead to problems related to vision, body posture and sleep disorder", Kawatra adds.

Q.105. What is the Central Idea of the passage above?    (CLAT, 2020)
(a) Institutionalised education was much better than the current online education system.
(b) Institutionalized education cannot be replaced by any other system of education.
(c) Virtual Classroom teaching is a sustainable approach to education in modern times.
(d) None of the above.

Correct Answer is Option (d)

Q.106. Which of the following statements cannot be inferred from the passage above?    (CLAT, 2020)
(a) Virtual Classroom teaching is a sustainable approach to education.
(b) Virtual Classroom teaching causes health problems.
(c) Institutionalized education system has its advantages.
(d) All of the above.

Correct Answer is Option (a)

Q.107. Which of the following is an implicit assumption in the observation that students are more active and responsive in online classrooms as compared to that in physical ones?    (CLAT, 2020)
I. Students are not serious while studying in physical classrooms.
II. Online classrooms inculcate more interest in students towards studies than the physical classrooms.
III. Students don't like physical classrooms at all.
IV. Students sleep in physical classrooms.
(a) Only I and II
(b) Only III and IV
(c) I and IV
(d) I, II, III and IV.

Correct Answer is Option (a)

Q.108. Which of the following can be inferred from the passage above?    (CLAT, 2020) 
(a) There is a divide in opinions of people on the merits and demerits of Online education.
(b) Online education system is going to replace the Institutionalized education system. 
(c) The institutionalized education system is not at all perilous for health of students.
(d) All of the above.

Correct Answer is Option (a)

Q.109. Consider this statement: Virtual education provides for various online seminars, opportunities to interact with learned experts, pro-bono education classes etc., for students across India irrespective of their economic status and background.'
Which of the following statements weakens the statement?    (CLAT, 2020) 
I. Many students in remote areas do not have access to internet facilities.
II. Many students in rural areas do not have devices to take advantage of the Virtual classrooms.
III. Online Seminars and pro bono classes are not interesting and do not cater to the needs of students across India.
IV. The mobile phone data packages to access such heavy online contents are not enough and participation in such events involves costly data packages which are dependent upon the economic status of those students.
(a) Only I, II, III
(b) Only III and IV
(c) Only I, II and IV.
(d) Only I and II.

Correct Answer is Option (c)

For questions, apply the given legal principles to the facts provided in each of the questions and select the most appropriate answer.
Q.110.  Principle 1 : A misrepresentation arises when a person makes a false statement of fact to another which induces the other party to enter into a contract, resulting in loss to that other party.
Principle 2 : When consent to an agreement is caused by misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.
Facts : It was Kritika's mother's 50'h birthday on 9'h February 2021. Kritika decided to organise a lavish celebration to celebrate the event.
Kritika's mother used to play the piano before her marriage. However, after Kritika was bom, she was unable to take out any time to pursue her interest in playing the instrument. Kritika learnt about this from her maternal grandmother a few days before her mother's birthday. She decided to give her mother a piano on her 50'h birthday.
She visited Himanshu's piano store for this purpose. Himanshu showed Kritika all the pianos available at his store and explained the features of each model. Kritika had no prior knowledge of pianos and hence relied upon Himanshu's opinion. She saw a vintage piano and was immediately drawn to it. Being a shrewd businessman, Himanshu saw an opportunity to sell the piano and said "They don't make them like this anymore. It's got a fine tone and it's really cheap at ₹ 50,000".

Kritika purchased the piano and gifted the same to her mother. However, when her mother started playing it, she immediately realized that the piano was of an inferior quality and that the tone was not proper. Kritika and her mother approached Himanshu and asked him to either replace the piano or refund the money. Himanshu refused to do either. What would be the strongest argument that Himanshu could make ?    (NLUD, 2021)
(a) Himanshu is not liable to do either because it is only Kritika's mother's subjective opinion that the piano was 'inferior' and that the tone was not 'proper'.
(b) Himanshu is not liable to do either because there is nothing to suggest that Kritika's decision was based purely on Himanshu's statement.
(c) Himanshu is not liable to do either the piano since Kritika should have done her due diligence and should have been more careful in selecting the piano.
(d) Himanshu is not liable to do either because he only gave Kritika his opinion and did not make any false statement of fact.

Correct Answer is Option (d)

Q.111. PRINCIPLE : No confession made to a Police Officer, shall be proved as against a person accused of any offence.
FACTS : Ritu was accused of having murdered Akash over a property dispute. After arrest, Ritu made a confession to the Inspector that she had in fact murdered Akash. The confessional statement of Ritu was written on a paper and Ritu signed the same. The police carried on further investigation but were not able to find any other evidence to produce before the court. Can the confessional statement signed by Ritu be proved in court ?    (NLUD, 2021)
(a) No, such a confessional statcftient cannot be proved since the confession was made to a Police Officer.
(b) Yes, such a confessional statement can be proved since it is not an oral confession, it has been duly signed by Ritu and hence there is no doubt that she made the confession herself.
(c) Yes, since there is no other evidence, it is necessary to rely on this statement or else a serious offender will escape the clutches of criminal law.
(d) Both (b) and (c)

Correct Answer is Option (a)

Q.112. Principle : No tenant of immovable property shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property.
Facts : Aishwarya rented a flat from Nidhi for 2 years. She signed a rent agreement and regularly paid the monthly rent to Nidhi for 6 months. In the seventh month, Ashish approached Aishwarya and told her that he is the real owner of the property and that Nidhi is defrauding Aishwarya as well as Ashish. Ashish showed Aishwarya the original property papers which showed him to be the real owner. Satisfied that the papers were genuine and that Ashish is the actual owner, Aishwarya stopped paying the rent to Nidhi and started paying the same to Ashish. Nidhi filed a suit against Aishwarya for the recovery of rent arrears. Aishwarya took the defence that Nidhi was never the real owner of the flat and that she will pay the rent to the real owner i.e. Ashish. Decide.    (NLUD, 2021)
(a) Aishwarya should pay the rent to Nidhi since she took the property on rent from Nidhi and now she cannot deny Nidhi's title over the property
(b) Aishwarya has checked the property papers herself and it is clear to her that Ashish is the actual owner. Thus, she can deny Nidhi's title and should pay the rent to Ashish
(c) Aishwarya should deposit the money in court and let the court decide who to give the money to
(d) A disputed property should never be given on rent until the dispute is resolved

Correct Answer is Option (a)

Q.113. Principle : A person who suffers an injury caused as a result of a risk to which they consented, cannot complain of the consequent damage. The defendant must have the capacity to give consent to risks involved, have complete knowledge of the extent as well as nature of risks and agree to the risk voluntarily.
Facts: Q urged his older brother Z to allow him to ride Z's motorbike. Q had recently obtained a motorbike driving license and was eager to ride Z's motorbike. The motorbike had a complex operation mechanism, which Q did not understand. Z did not bother to explain this to Q and let him ride the bike. Q met with an accident and is suing Z for the injuries caused. Z contends that Q consented to the risk. Decide.    (NLUD, 2021)
(a) Q did not consent to the risk because he did not have capacity to consent to the risk
(b) Q did not consent to the risk because his consent was not voluntary
(c) Q consented to the risk because he urged Z to let him ride the motorbike
(d) Q did not consent to the risk because he did not have knowledge of the extent and nature of risk

Correct Answer is Option (d)

Q.114. Principle: An employer is liable for the acts of their employee if a tort is committed by the employee in the course of employment.
To determine whether an act falls within the course of employment , one must look at the functions/work that the employee was tasked with and then evaluate if there was a close connection between the employee's job function and the wrongful act in question.
Facts : G was employed as a security guard by a restaurant. lie was tasked with maintaining security around the restaurant and escorting guests inside. One night after G's shift, a group of unruly passers-by initiated an altercation with G near the restaurant. Greatly upset by the altercation, G went home and got into an inebriated state. In this state, he negligently caused a fire in his home. G's family members wish to make the restaurant liable.    (NLUD, 2021)
(a) The restaurant is liable for G's actions because G would not have had the altercation but for being present in that location due to his job
(b) The restaurant is liable for G's actions because a security guard is likely to have altercations with people in the course of employment
(c) The restaurant is not liable for G's actions because his acts were outside the course of employment
(d) None of the above

Correct Answer is Option (c)

Q.115. Principle: An employer is liable for the acts of their employee if a tort is committed by the employee in the course of employment.
To determine whether an act falls within the course of employment , one must look at the functions/work that the employee was tasked with and then evaluate if there was a close connection between the employee's job function and the wrongful act in question.
Facts : G was employed as a security guard by a restaurant. He was tasked with maintaining security in and around the restaurant as well as escorting guests inside. One night a group of unruly guests got into a verbal altercation with G in the restaurant. G, being short-tempered, got irritated and ended up hitting one of the guests. The guests wish to make the restaurant liable.    (NLUD, 2021)
(a) The restaurant is liable for G's actions because his acts were within the course of employment
(b) The restaurant is not liable for G's actions because the guests had started the fight
(c) The restaurant is not liable for G's actions because his acts were outside the course of employment
(d) None of the above

Correct Answer is Option (a)

Q.116. Principe : Whoever, takes any movable 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.
Facts : W visits her friend B's house for a party. She noticed that B possessed a rare gold ornament. Fearing search and detection if she took the ornament, W hid it in an air duct in the ceiling, where it was unlikely to be discovered by B. W intended on returning to B's house at a future date to take the ornament. Has W committed theft ?    (NLUD, 2021)
(a) No, because she did not take the ring with her
(b) Yes, W committed theft when she moved the ring
(c) No, because she did not take the ring out of the possession of B
(d) None of the above

Correct Answer is Option (b)

Q.117. Principle : Whoever, intending to dishonestly take any movable 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.
Facts : R owns an antique watch but is unsure of its value. She took it to a jeweller Y for a free valuation that was offered by Y. Y took the watch home instead of valuing it and does not provide any explanation. R enters Y's home, pushes Y to one side, and retrieves her watch by force. Has R committed theft ?    (NLUD, 2021)
(a) Yes, because R took the watch out of Y's possession
(b) Yes, because R unlawfully entered Y's home
(c) Yes, because R assaulted Y
(d) None of the above

Correct Answer is Option (d)

Q.118.  Principle: Whoever enters into or upon property in the possession of another with intent to commit an offence in relation to that property or to intimidate, insult or annoy any person in possession of such property is said to commit criminal trespass.
Facts : H entered his friend L's property because it was adjoining C's home. From L's garden, H shouted insults and tried to intimidate C. C seeks to sue for criminal trespass.    (NLUD, 2021)
(a) H committed criminal trespass
(b) L committed criminal trespass
(c) H did not commit criminal trespass
(d) None of the above

Correct Answer is Option (c)

Q.119. Principle : Whoever gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right commits the offence of bribery.
Facts: Mr. T, a candidate for elections, decided to visit rural households as part of an election campaign. He visited a household where an elderly man 'A' required an immediate but extremely expensive life-saving medical procedure. Mr. T gave money to the family for the operation. While leaving, he drew the family's attention towards his party's symbol in light of the upcoming elections. Has Mr. T committed the offence of bribery?    (NLUD, 2021)
(a) Yes, he has committed the offence of bribery
(b) No, he has not committed the offence of bribery. His intentions were noble
(c) No, as doing public good outweighs criminal intentions
(d) None of the above

Correct Answer is Option (a)

Q.120. Principle : Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
Facts : P was hunting in a small forested area which he knew to be inhabited by villagers and frequented by other hunters in large numbers. His friends did not know that other persons were likely to be present in the area. P wagered with his friends that he could hunt without using his visual senses. P put on a blindfold and on hearing some rustling leaves, shot multiple times, killing three people in the process. Has P committed culpable homicide ?    (NLUD, 2021)
(a) P has committed culpable homicide
(b) P has not committed culpable homicide
(c) P has committed battery
(d) None of the above

Correct Answer is Option (a)

Q.121. Principle : Fraud includes the suggestion, as a fact, of that which is not true, by one who does not believe it to be true or the active concealment of a fact by one having knowledge or belief of the fact, with intent to deceive another party or her agent to enter into the contract.
Facts : Wind-on Ltd. is a leading manufacturer of wind turbines to harness wind energy to produce electricity. It is based out of Nagaland in India and has been manufacturing wind turbines since the early 1990s with national and international fame. Z Infrastructures Ltd. is a leading infrastructure firm with a proven track record in building energy installations and highways across India. Z Infrastructures wanted to expand its portfolio and operate a wind energy park to supply clean electricity. Representatives from Wind-on and Z Infrastructures carried out extensive negotiations, advised by leading law firms and commercial advisory firms on both sides, for the latter to establish a wind park in Odisha. Z Infrastructure wanted Wind-on to guarantee that the turbines will generate 54 lakhs Kwh of energy per turbine annually. Wind-on's stated position was that generation of energy is dependent on availability of wind and they could not guarantee it. However, they provided an "estimate" in the contract for supply of turbines that the turbines will be able to generate around 50 lakhs Kwh per turbine annually. The turbines were supplied by Wind-on and operated by Z Infrastructure in Odisha for over 2 years. During this period, Z Infrastructure found that the average energy generation of each turbine came to around 35 lakhs Kwh annually. They were frustrated as the actual generation of each turbine was significantly lower than the generation estimate provided by Wind-on. They reached out to Lai & Co., a leading dispute resolution law firm to understand if they could initiate action against Wind-on for fraudulently representing the generation estimate of each turbine.
You are a lawyer at Lai & Co., and were asked if Wind-on had committed fraud by providing an inflated energy generation estimate    (NLUD, 2021)
(a) Yes, as Wind-on was an expert in the wind turbine business and Z infrastructure relied on its expertise as a new entrant in the field
(b) No, as Wind-on clearly specified that the energy generation figure was merely an estimate and it could not provide a guarantee
(c) Yes, as Wind-on should have predicted a figure that was closer to the actual generation figure of 35 lakhs Kwh per turbine per annum
(d) Yes, as Wind-on should not have provided any estimate at all

Correct Answer is Option (b)

Q.122.  Principle 1 : A 'bailment' is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned. The person delivering the goods is called the 'bailor'. The person to whom they are delivered is called the 'bailee'.
Principle 2 : In all cases of bailment the bailee is bound to take as much care of the goods bailed to him/her as a person of ordinary prudence would, under similar circumstances, take of his/her own goods of the same bulk, quantity and value as the goods bailed.
Facts : Aparna entered into a contract with Cagan to keep her goods in his warehouse until she was able to find a suitable buyer for them. Gagan kept his own goods also at the same warehouse. One night, certain thieves entered the warehouse and stole the goods of both Gagan and Aparna. It was discovered that even though Gagan had locked the main door, he had carelessly left the windows open and that the thieves had entered through the open windows. Aparna sued Gagan for damages as Gagan had failed to take due care of her goods. Decide.    (NLUD, 2021)
(a) Gagan is liable since he left the windows open which shows that he did not take as much care as a person of ordinary prudence
(b) Gagan is not liable since he took as much care of Apama's goods as he took of his own goods
(c) Gagan is not liable since he locked the door and a person of ordinary prudence cannot be expected to check the windows as well
(d) None of the above

Correct Answer is Option (a)

Q.123. Principle 1 : Any invasion of private property, howsoever minor, is a trespass unless it is expressly authorised by the law.
Police personnel may enter and/or search private property only on express authorisation from a Judicial Officer.
Facts : Ms. A, a vocal critic of certain policies of the Queen of Asgardia, was due to lead a protest against prevailing government policies. Solely on the instructions of the Queen, a Police Officer secretly entered Ms. A residence to search through her computer and discover her plan for the protest. However, Ms. A's laptop was at the repair shop and the Police Officer was forced to exit Ms. A's house after a few seconds. Ms. A seeks to sue for trespass.    (NLUD, 2021)
(a) Ms. A will be successful since the Queen was planning on quelling dissent through illegal means.
(b) Ms. A will be unsuccessful since the search was authorised by the Queen.
(c) Ms. A will be successful since the entry of the Police Officer constituted an invasion of personal property without authorisation from a Judicial Officer.
(d) Ms. A will be unsuccessful since the Police Officer was at her residence for only a few seconds and was unable to access her computer. There was no invasion of personal property.

Correct Answer is Option (c)

Q.124. Principle : The doctrine of privity mandates that only a party to a contract can claim upon it.

Facts : P started the business of manufacturing table lamps which he sold to a distributor ("Q") who in turn sold the lamps to a store owner ("R") in the city. P entered into an agreement with Q which mandated that Q can only sell the lamps to store owners at a minimum retail price of t 50, failing which Q would have to pay P t 5 for each lamp sold below t 50. Q entered into an identical contract with R, mandating that R can only sell the lamps to customers for t 50, failing which R would have to pay Q t 5 for each lamp sold below t 50. R sold a lamp to a customer for t 40 and P seeks to claim against R.    (NLUD, 2021)
(a) P will not be successful since there is no privity of contract between P and R
(b) P will not be successful since R is free to sell the product at the price of their choosing
(c) P will not be successful since Q has not been made a party to the proceedings
(d) P will not be successful since there is no privity of contract between P and Q

Correct Answer is Option (a)

Q.125. Principle : Competence to contract is essential for an agreement to be considered a contract. 'Competence to contract' : Any person who is of the age of majority according to the applicable law and is of sound mind and is not disqualified from contracting by any applicable law. 'Age of majority' : Every person shall attain the age of majority on their completing 18 years of age and not before.
Facts : Z sought to purchase a property belonging to K (a minor) two days before K completed 18 years of age. K really liked Z's offer and six months later they entered into a contract for sale of the property to Z. Was K competent to contract ?    (NLUD, 2021)

(a) K was not competent to contract because he was influenced by Z when K was a minor
(b) K is competent to contract because he entered into the contract after completing 18 years of age
(c) K was not competent to contract because Z had approached him before he completed 18 years of age
(d) None of the above

Correct Answer is Option (b)

Q.126. Principle : Acceptance must be communicated to the offeror to constitute a binding contract. Mere intention to accept, without communication does not lead to a contract.
Facts : J wanted to purchase her uncle T's television .J wrote a letter to T indicating that she wished to purchase his television for 5,000. T was pleased with J's offer and decided to call J to accept the offer. T called J twice, but J did not pick up her phone. The next day, T found a buyer for the television for 6,000 and sold the television to this buyer. J is alleging breach of contract.    (NLUD, 2021)
(a) J will be unsuccessful because even though the contract was binding, T found a buyer who offered a higher price for the television
(b) J will be successful because T's action of calling J is equivalent to communication of acceptance
(c) J will be successful because T was happy with J's offer and had intended to accept
(d) J will be unsuccessful since T's acceptance had not been communicated to constitute a binding contract

Correct Answer is Option (d)

Q.127. Principle : In relation to the law of contracts, in instances where both parties to an agreement are under a mistake about a matter of fact essential to the agreement , the agreement is void.
Facts : L agrees to sell to M a consignment of food grains which was supposed to be on a ship on its way from Africa to Mumbai. However, two days before the agreement was reached, the ship carrying the grains met with an accident and all the goods were lost. L's agent had informed L about this on the day the accident happened. Is the agreement void because of a mistake as to a matter of fact?    (NLUD, 2021)
(a) Yes, since both parties committed a mistake by entering into the contract
(b) No, since L had dishonest intentions
(c) No, since L was aware that the goods were lost
(d) None of the above

Correct Answer is Option (c)

Q.128. Principle : Both parties to a contract are discharged from their respective outstanding obligations in situations where a supervening event significantly changes the nature of contractual rights and/or obligations from what the parties could have reasonably contemplated at the time of executing the contract.
The supervening event must not be a result of default by either party, nor should the contract make a provision for it.
Facts : In the city of Vortoria which is highly susceptible to public health crises, S (a supplier of raw food products) entered into a contract with H (a restaurant owner) for 2 years, whereby S would supply certain raw products to H at predetermined prices. Their agreement also provided that - "In case of interruption of operations of H on account of epidemics, pandemics or any other public health crisis, the contract will be suspended until the crisis is declared to be over by the government and thereafter pending contractual obligations shall resume."
Three months were left on the contract when there was a highly contagious virus outbreak in the city, which caused restaurant owners (including II) to suspend operations. Once the outbreak was declared to be over six months later, H refused to purchase raw materials from S arguing that he was discharged from obligations under the contract.    NLUD, 2021
(a) H is discharged from his obligations because the virus outbreak was a supervening event which changed the nature of contractual rights and obligations
(b) H is not discharged from his obligations because the contract contained a provision dealing with outbreaks. Further the parties could have reasonably contemplated the occurrence of an outbreak
(c) H is not discharged from his obligations because the contract had ended by the time the virus was declared to be over
(d) H is discharged from his obligations because the outbreak is likely to have affected his business badly

Correct Answer is Option (b)

Q.129. Principle : When a defendant brings onto their land anything that is likely to Ho mischief in case it escapes, they must do so at their own peril. If such a thing does escape and causes foreseeable harm, then the defendant is liable for damage caused provided that the land from which escape occurs had been changed such that it would be considered a non-natural use of the land.
The defendant can avoid liability if they can show that the situation that caused damage was a result of an unforeseeable act of a stranger, which could not be controlled by the defendant.
Facts : M decided to keep a tiger as a pet and to that end, he brought a caged tiger to his house.
Jealous of M's pet, M's neighbour S (whom M had never met) decided to break into M's heavily guarded house while M was away and open the tiger's cage. The tiger escaped and mauled pedestrians near the house. The pedestrians wish to sue M for damages.    (NLUD, 2021)
(a) The pedestrians will be successful because it is illegal to keep a tiger as a pet
(b) The pedestrians can claim against M because he brought a dangerous thing onto his land (amounting to non-natural use) and it escaped, causing foreseeable damage. The escape should have been foreseen by M
(c) M can escape liability because the escape was caused by the unforeseeable act of a stranger, which could not have been controlled by M
(d) None of the above

Correct Answer is Option (c)

Q.130. Principle : Agreements, the meaning of which is not certain, or capable of being made certain, are void.
Facts : lla Nayak wants to buy a motorbike to reduce her waiting time for her daily commute to work. She can pay up to 7 35,000 for a second hand motorbike. Dev Patnaik agrees to sell his recently purchased Honda motorbike to lla for ₹ 31,000 or ₹30,000.    (NLUD, 2021)
(a) This is a valid agreement since lla can pay up to thirty five thousand rupees for Dev's motorbike
(b) This agreement is void for uncertainty since there is nothing to show which of the two prices was finally agreed
(c) This agreement is voidable at the option of lla
(d) This agreement is valid as there is an offer from Dev and acceptance from lla

Correct Answer is Option (b)

Q.131. PRINCIPLE : Agreements, the meaning of which is not certain, or capable of being made certain, are void.
FACTS : lla Nayak wants to buy a motorbike to reduce her waiting time for her daily commute to work. She can pay up to ₹ 35,000 for a second hand motorbike. Dev and lla agree that lla will initially pay a sum of ₹ 31,000 for the motorbike and if the mileage given by the motorbike exceeds 60 km per litre on an average for five months following the sale - then lla will pay an additional sum of ₹ 3,000. Is this a valid agreement ?    (NLUD, 2021)
(a) This is an invalid agreement since lla is not paying the entire price of the motorbike at once
(b) This is a valid agreement as the price of the motorbike is capable of being made certain
(c) This is a valid agreement as lla has already paid thirty one thousand rupees which was accepted by Dev
(d) This is an invalid agreement since Dev and lla can disagree if the motorbike was actually able to give a mileage of 60 km per litre for five months

Correct Answer is Option (b)

Q.132. Principle : Damages consequent to a breach of contract seek to compensate the innocent party for the loss suffered by it so that the innocent party is put in the same situation, with respect to damages so far as money can do it, as if the contract had been performed.
Facts : A agrees to sell 30 kgs of strawberries to B knowing that B uses the strawberries to run his juice center. B's juice center is located off St.
John's College of Delhi University, and is very popular with the students. A supplies substandard quality of strawberries to B. However, B is able to use all the strawberries for his juice centre. None of the customers of B are able to make out the difference or complain about the juice or for that matter face any issues after drinking the juice. Can B recover damages from A ?    (AIELT, 2021)

(a) A is liable to compensate B for supplying sub-standard quality of strawberries
(b) A is not liable to compensate B since B suffers no monetary loss
(c) A is not liable to compensate B because the contract did not prevent A from supplying sub-standard quality of strawberries
(d) A is not liable to compensate Bsince none of the customers of B have proceeded against A for supplying bad quality strawberry juice

Correct Answer is Option (b)