Practice Questions: Legal Reasoning Notes | EduRev

Legal Reasoning for CLAT

CLAT : Practice Questions: Legal Reasoning Notes | EduRev

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Try yourself: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.
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Try yourself: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 …….
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Try yourself: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?
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Try yourself: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.
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Try yourself: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.
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Try yourself: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.
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Try yourself:Principle: I. Under the law of torts, negligence is a failure to exercise care that a reasonably prudent person would exercise in like circumstances.
II. A threefold test regarding the duty of care has been laid down by the English court as: 
III. Harm must be reasonably foreseeable 
IV. There must be relationship of proximity between the plaintiff and defendant V. It must be ‘fair, just and reasonable’ to impose the liability
Facts: Joy was an expert with games and was the creator of many famous video games. His latest game Warlocks was a fast-paced action game, involving blood and gore. The game was advertised as being 16+, and even the cover of the game box had a warning about the content of the game, including the age restriction and the fact that it was not for people who were faint-hearted or sensitive to violent visuals and sounds. Gary, a 16-year-old boy, bought the game despite having had seizures whenever he used to see violence in films or heard too much noise etc. When Gary played Warlocks, he had a terrible seizure which caused him to stay unconscious for a whole week, due to which he missed out on a major examination in school.
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Try yourself:Principle: Nothing is an offence which is done by accident or misfortune, as long as it is without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means, with proper care and caution.

Facts: Dhiru was working as a painter at a house. His coworker, Amit, was standing on a stool, painting the ceiling while Dhiru was painting the wall, standing beside Amit. They used to do this all the time and took all precautions necessary. However, that day, all of a sudden, the stool gave way, and Amit fell on Dhiru, injuring him.

Facts: Hari was a building contractor who was infamous for using illegal means to complete projects, but since he used to pay well, he had a thriving business and good workforce. Hari started using bad quality cement in the construction of his new project buildings, even though he knew that an accident could occur and put the labourers in jeopardy. One day, on site, a newly constructed roof collapsed, and 2 workers died while 5 were gravely injured.

Which of the following statements is correct?

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Try yourself:Principle: I. Under contract law, in order to convert a proposal into a promise, the acceptance must be absolute and unqualified.
II. Any departure from the terms of the offer or any qualification vitiates the acceptance unless it is agreed to by the person from whom the offer comes. In other words, an acceptance with a variation is no acceptance, and it is simply a counter-proposal.
III. A counter-offer puts an end to the original offer, and it cannot be revived by subsequent acceptance.
Facts: Gareth bought expensive new studs for $120 for his soccer match in school. The shopkeeper told him that they were the best available in the market. However, he later found that he had, in fact, bought an older model and better ones were available online. He decided to sell the shoes online and buy better ones. He put up an advertisement with a picture of the shoes, stating, “Brand new pair of football shoes on sale for $100. Please contact me if interested.” Thomas mails Gareth offering to buy the shoes provided he reduces the price further.
Which of the following statements is correct?
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Try yourself:Principle: 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.
Facts: Amit was caught urinating in public for the third time and according to the strict new laws applicable in that area, was presented before the magistrate. The magistrate ordered him to contribute to the community by getting a new public toilet built in the area at his own expense. He purchased a small piece of land and got the toilet constructed. The maintenance of the toilet was awarded to the Cleansweeps agency. Amit met the people at Cleansweeps and told them that he had got the toilet constructed and Cleansweeps should pay him a monthly commission on the usage fee collected. They agree at the time but later refuse to pay. Can Amit successfully sue for breach of contract?
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Try yourself:Principle: I. Where there is a contract for the sale of specific goods, the contract is void if the goods without the knowledge of the seller have, at the time when the contract was made, perished or become so damaged as no longer to answer to their description contract 
II. Where there is an agreement to sell specific goods, and subsequently the goods without any fault of the seller or buyer become so damaged as no longer to answer to their description in the agreement before the risk passes to the buyer, the agreement is thereby avoided
Facts: Suman left her house in the morning. She contracted to sell her antique table to Kiran for Rs. 2 lakhs when she met her for lunch at 2 pm. Meanwhile, a burglar broke into her house at around 12 noon and broke the table as well. Suman discovered this when she reached home in the evening.
The contract will be:
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Try yourself:Principle: I. Every agreement by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights is void to that extent.
II. Every agreement which extinguishes the rights of any party thereto, or discharges any party thereto from any liability, under or in respect of any contract on the expiry of a specified period so as to restrict any party from enforcing his rights, is void to that extent.
III. A contract will not be rendered illegal by virtue of the fact that it involves 2 or more persons who agree that any dispute which may arise between them will be referred to arbitration, and only the amount awarded in such arbitration will be recoverable in respect of the dispute referred.
IV. A contract will also not be rendered illegal if it is with respect to the reference of matter/questions already arisen, for arbitration.

Facts: Tom enters into an agreement with Imran for the sale of Tom’s old VCD collection. Tom includes in the agreement the condition that Imran would not be able to sue him for any defect in the VCDs or if he discovers any fraud etc., effective immediately after taking possession of the VCDs after the payment had been made. In case any dispute arises, it would be referred to arbitration, with Tom and Imran appointing one arbitrator each and who, in turn, would appoint the third arbitrator. Imran buys the VCDs and takes them home. However, he discovers that several of them have scratches and do not run on the VCD player, while there are some empty CD cases as well. When he discovers this fraud, he drags Tom to court for having fooled him. Is there any defect in the agreement with reference to the principles given?

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Try yourself:Principle: I. In case of sale by auction, where goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a separate contract of sale.
II. The sale is complete when the auctioneer announces its completion by the fall of the hammer or in another customary manner, and until such announcement is made, any bidder may retract his bid.
III. A right to bid may be reserved expressly by or on behalf of the seller and, where such right is expressly so reserved, but not otherwise, the seller or anyone person on his behalf may, subject to the provisions contained in the Sale of Goods Act, 1930, bid at the auction.
IV. Where the sale is not notified to be subject to a right to bid on behalf of the seller, it will not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such person, and any sale contravening this rule may be treated as fraudulent by the buyer.
V. The sale may be notified to be subject to a reserved or upset price.
VI. If the seller makes use of pretended bidding to raise the price, the sale is voidable at the option of the buyer.

Facts: Hemlata was an art aficionado. She had collected several popular, rare and expensive works of art over a period of time. Over a period of time, however, she accumulated a large amount of debt. In order to put together funds to pay off the loan, she decided to auction fifteen paintings that she had bought over the past few years. Most of the paintings attracted several buyers at the auction. However, there were hardly any buyers for ‘The Vase with Flowers’ that she had painted herself. She told her friends to bid for the painting just so people would bid a greater amount for it. When the bidding for the painting began, Dharam bid Rs. 50,000 for the painting, but when he saw Hemlata’s friends bidding for the painting as well, he bid `1 lakh to buy it. The painting was sold to Dharam for Rs.1 lakh. Separately, Kyla, another bidder, bid on a painting ‘The White Birds’ but midway in the process of bidding, she set her heart on another painting that she wanted to buy and decided to withdraw from the bid for ‘The White Birds’. When she raised her hand to withdraw the bid, Hemlata whispered in her ear that she could not retract the bid since she had already entered into competition to bid for that painting.

Hemlata’s friend went and congratulated Dharam for winning the bid on ‘The Vase with Flowers’. However, in the conversation, she let slip the fact that the painting would not have been sold for more than Rs. 25,000 if they had not helped Hemlata by bidding in competition. The sale to Dirham is:

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Passage - 1

The Supreme Court has restated the basic principles of granting bail while ordering the conditional release of former Union Minister P. Chidambaram in the INX Media 'money-laundering' case. That these principles required fresh iteration indicates a problem in the way courts have been handling certain applications for bail in recent times. In a case largely turning on documentary evidence - and one being probed by two agencies concerning the same transactions - it was quite astonishing that the former Minister was incarcerated for over 100 days, even after being subjected to prolonged custodial interrogation. As rightly pointed out by the three-judge Bench, bail remains the norm and its refusal the exception. The denial of bail is directly related to the possibility that a remand prisoner who has been released may not appear before the court to face trial. As securing the presence of a suspect is the primary ground for keeping a person in judicial custody prior to trial, there is no reason to jail someone who is unlikely to abscond. Another valid reason is the potential for a person to tamper with evidence or influence and threaten witnesses. Therefore, courts considering bail are required to conduct a triple test to find out if a person is likely to hinder the trial by fleeing from justice, tampering with evidence, or influencing witnesses. The apex court has conceded that sometimes the gravity of the offence may be an additional consideration, but underscored that it cannot be used to deny bail based on allegations yet to be tested in a trial. It is a matter of concern that larger issues of due process have to be revisited each time a public figure is arrested in the course of investigation, giving rise to a perception of political vendetta. Investigative agencies would be better advised to focus on gathering relevant material and moving for an early trial. The legal system is already in place for expedited trial against political leaders through special courts. There is no necessity to vitiate the process through dramatic arrests and prolonged pre-trial imprisonment.

Try yourself:Under the SC/ST Atrocity Act bail is completely barred. Mohan abused 'X', a person of SC community. He is arrested under the SC/ST Atrocity Act. Whether Mohan should be granted bail or be jailed?
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Try yourself:Under the Triple Talak Law, accused should be jailed and bail is the last resort. Fiza married Abdul. Abdul wanted to marry Soha who placed a condition that Abdul should first divorce Fiza. Abdul gave instant triple talaq to Fiza. Abdul is arrested immediately. Decide whether Abdul is entitled to get the bail?
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Try yourself:Supreme Court ruled that that in case of arrest of a public servant prior sanction of appointing public authority is to be obtained. Mr. Rakesh, a government officer appointed by the Ministry of Home Affairs, abuses a person of ST community. A case under the SC/ST Atrocities Act is registered against him. Decide the correct course of action in this case as per the judgment.
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Try yourself:Foreign Exchange Laws require that possession of gold above 5 tolas and possession of silver above
1. mound is to be informed to the Central Bank failing which offender is to be jailed. Popat Lal, one of the partners of a firm of jewelers. On search it was found that he has been carrying 103 Tolas of gold and over
2. mounds of silver. He was kept in police lockup. Decide whether Popat Lal's arrest is lawful?
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Try yourself:Contract to bail is frustrated when Contractor is in a dominant position with respect to contractee. John Snow ends in jail one day. He calls his girlfriend Daenerys to bail him out. She agrees on the condition that John signs a contract agreeing to buy her a particular estate worth Rs. 10 lakh. John signs the contract as he wants to get out of jail and keep the affection of his girlfriend. Decide the validity of contract of bail.
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Try yourself:Based on the author's arguments in the passage above, which of the following statements can be considered in support of the bail?
1. Stringent application of law.
2. Giving bail to the accused who are unlikely to abscond.
3. Person not showing propensity in fleeing from justice.
4. Individuals tampering with evidence.
5. Jail to offender who can influence the witnesses.
6. Make Bail a rule and Jail an exception.
7. Making Jail a rule and Bail an exception.
Choose the appropriate statements from the following:
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Passage - 6

Over the years, mediation has been recognised as the fastest growing method to resolve disputes worldwide. Mediation allows parties to relook at mutual interests and rights of each other, and to come up with amicable and innovative solutions. This helps in maintaining cordial relations between the parties.

The role of courts or arbitrators is adjudicative and more formal in nature. In contrast, the nature of mediators or the process of mediation is very practical and flexible. Many a time, it can prove to be speedier, more effective and economical than the other adjudicative processes.

Mediation needs to be promoted as a mechanism that complements the judicial process. To achieve acceptance and popularity of Mediation as the first step before approaching the court or any other Alternative Dispute Resolution (ADR) method, it is crucial to develop confidence in the process of Mediation. Court-annexed mediation, to a certain extent, has been adopted as a measure of docket management and must go hand in hand with promotion of mediation as a successful, revolutionary, economical and time-saving method for all the stakeholders.

From the websites of several High Courts, it can be ascertained that most High Courts have their separate set of rules governing Mediation and Conciliation. Barring for a few High Courts, there is no data available to show the status of mediation cases referred, successes/failure of matters, and number of settlements arrived at and effectively implemented.

Try yourself:As per the author, which of the following views can be correctly inferred?
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Try yourself:Based on the author's arguments in the passage above, choose the appropriate statement with respect to how mediation is better?
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Try yourself:As per the author, which of the following views can be correctly attributed about Court annexed mediation?
i. Easier mediation process
ii. Informal in real senses
iii. Court rules do not apply
iv. Ineffective mediation
v. Lack of recognition of mediation
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Try yourself:Based on the author's arguments in the passage above, choose the appropriate statement?
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