Legal Principles- 1 Previous Year Questions with Solutions

Directions: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Directions: Apply the legal principles to the facts given below and select the most appropriate answer.
1. Negligence is a legal wrong that is suffered by someone at the hands of another who has a duty to take care but fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
3. The claimant must prove that harm would not have occurred 'but for’ the negligence of the defendant.
4. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.
5. Conversations between a doctor and patient are generally confidential but there are few exceptions.
Q.133. company called KLM, manufacturers of electrical equipment, was the target of a takeover by ABS Industries. KLM was not doing well. In March 2019, KLM had issued a profit warning, which had halved its share price. In May 2019, KLM's directors made a preliminary announcement in its annual profits for the year up to March. This confirmed that the position was bad. The share price fell again. At this point, ABS had begun buying up shares in large numbers. In June 2019, the annual accounts, which were done with the help of the accountant Dinesh, were issued to the shareholders, which now included ABS. ABS reached a shareholding of 29.9% of the company, at which point it made a general offer for the remaining shares, as the City Code's rules on takeovers required. But once it had control, ABS found that KLM's accounts were in an even worse state than had been revealed by the directors or the auditors. It sued Dinesh for negligence in preparing the accounts and sought to recover its losses. This was the difference in value between the company as it had and what it would have had if the accounts had been accurate. Which of the following answers in incorrect?    (N.L.U.D., 2020)
(a) No duty of care had arisen in relation to existing or potential shareholders. The only duty of care the auditor's owed was to the governance of the firm.
(b) Dinesh is not liable as it is a case of pure economic loss in the absence of contractual agreements between parties.
(c) There are circumstances where an auditor will owe a duty of care in respect of reports produced. These are conditional that at the time the report is prepared it is known by the auditors that the results are for a specific class and for a specific purpose.
(d) An ability to foresee indirect or economic loss to another person as the result of a defendant's conduct automatically impose on the defendant a duty to take care to avoid that loss.

Correct Answer is Option (d)

Q.134. In 2005, the local council of Delhi approved building plans for the erection of a block of apartments. The approved plans showed the base wall and concrete foundations of the block to be three feet or deeper to the approval of local authority. The notice of approval said that the bylaws of the council required that notice should be given to the council both at the commencement of the work and when the foundations were ready to be covered by the rest of the building work. The council had the power to inspect the foundations andrequire any corrections necessary to bring the work into conformity with the bylaws, but was not under an obligation to do so.
The block of apartments was finished in 2006. The builder (who was also the owner) granted 99-year leases for the apartments, the last conveyance taking place in 2010. In 2017 structural movements occurred resulting in failure of the building comprising cracks in the wall, sloping of the floors and other defects. In 2019, the plaintiffs who were lessees of the apartments filed cases for negligence against the builder and the council.
The plaintiffs claimed that the damage was a consequence of the block having been built on inadequate foundations, there being a depth of two feet six inches only as against the three feet or deeper shown on the plans and required under the bylaws. The plaintiffs claimed damages in negligence against the council for approving the foundations and/or in failing to inspect the foundations. Decide whether the council owed a duty of care to the claimants in respect of the incorrect depth of the foundations laid by the third-party builder?    (N.L.U.D., 2020)
(a) The Council is not liable for damages to the plaintiff as failing to inspect would not render the council liable unless it was considered that it had failed to properly exercise its discretion to inspect and that they had failed to ensure proper compliance with building regulations.
(b) The Council is liable for negligence as they failed to inspect the foundation.
(c) There is no negligence in building the apartments as there is minor difference between a foundation which is three feet deep and a foundation which is two feet six inches deep.
(d) The tenets have a duty to inspect the property properly before entering into such a long lease agreement.

Correct Answer is Option (a)

Q.135. Soman was the student of PRQ University. He met Pamela in a youth festival and fell in love with her. However, Pamela was not interested in having any serious relationship with Soman.
Due to this, Soman went into emotional crisis and started consulting a psychologist in the PRQ Memorial Hospital. In October 2018, Soman murdered Pamela. Pamela's parents contended that only a short time prior, Soman had expressed his intention to murder their daughter to his therapist, Dr. Surana, a psychologist employed by the University. They further alleged that Dr. Surana had warned campus police of Soman's intentions, and that the police had briefly detained him, but then released him.
Pamela's parents filed a case of negligence against the Police Department and the University officials on two grounds: the failure to confine Soman, in spite of his expressed intentions to kill Pamela, and failure to warn Pamela or her parents. Defendants maintained that they owed no duty of care to the victim, and were immune from suit. Which of the following is incorrect?    (N.L.U.D., 2020)
(a) The police did not have the requisite proximity or special relationship with family of Pamela, sufficient to impose a duty to warn her of Soman's intention.
(b) Tine public policy favoring protection of the confidential character of patient psychotherapist communications must yield to the extent to which disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins.
(c) The therapists and Regents of University are liable for breach of duty to exercise reasonable care.
(d) Soman only once expressed the desire to kill Pamela. Such kinds of feelings are normal in any mentally ill patient. Moreover, information received during a counselling session is confidential in nature and so therapists cannot reveal it to the parents of Pamela.

Correct Answer is Option (d)

Q.136. R, T and U were watchmen in Skypark Society.
They were on night shift and began vomiting after drinking tea. They went to the SEM Hospital and complained to the nurse about it.
The nurse thought they were vomiting because of alcohol they had been drinking earlier in the evening. However, the nurse reported it to the medical officer who refused to examine them and said that they needed to go home and contact their own doctors.
They returned to their workplace, where U's condition deteriorated. U died of arsenic poisoning five hours later on way to hospital.
U's wife brought a claim of negligence against the Hospital administration. She argued that the hospital was negligent in not identifying that U had been poisoned, and the doctor should therefore have seen to him when they first approached the hospital. The hospital denied they were negligent, and in any event said they did not cause his death. Decide.    (N.L.U.D., 2020)
(a) The hospital is not liable for negligence because: even if the patient was examined five hours earlier to the death he would have died anyways. The test of causation was not satisfied. The Hospital did not cause U's death - Rut for the defendant's negligence, U would have died anyways.
(b) It was highly possible that the doctor would have identified U's condition as arsenical poisoning, and therefore U would have received the treatment he needed to survive.
(c) Where there are a number of possible causes, the claimant must still prove the defendant's breach of duty caused the harm or was a material contribution.
(d) Both (a) & (c)

Correct Answer is Option (d)

Q.137. Legal Principle: Generally, the owner of the property has a duty to maintain his property so as to make it reasonably safe for use. However, the occupier also owes a duty to take such care as is reasonable to see that the visitor is reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be therein.
Facts: Sheila is a painter. She went to her friend Ruchi's house for meeting her. Sheila requested to use the bathroom and injured her right hand on a broken water faucet handle. Sheila filed a personal injury action for hand injuries suffered alleging that Ruchi failed to warn her that her bathroom fixtures were cracked and dangerous.
Ruchi says she had complained to the landlord about the broken handle so the landlord is liable. Decide whether the Sheila's injury the proximate cause of Ruchi's negligence?    (N.L.U.D., 2020)
(a) A licensee or social guest was obliged to take the premises as he or she found them, and the possessor of the premises owed a duty only to refrain from wanton or wilful injury.
(b) The landlord is liable as Ruchi had complained to the landlord about the broken handle and it is the duty of the landlord to get the repair work done.
(c) Ruchi is not liable as the use of toilet is not the purposes for which Sheila was invited or permitted by the occupier to be therein.
(d) Ruchi owes a duty to warn of a dangerous condition so the guest can take special precautions, like the host would, when they come in contact with it.

Correct Answer is Option (d)

Q.138. Legal Principle: Intimidation involves a threat to do something unlawful or 'illegitimate'; it must be intended to coerce the claimant to take or not take certain action.
Facts: Hari, a skilled draughtsman and employee of the Overseas Airways Corporation (OAC), resigned his membership of the Association of Engineering and Shipbuilding Draughtsmen (AESD), a registered trade union. It was agreed between OAC and AESD (among others) that no strike or lockout should take place and disputes should be handled by arbitration. He resigned from his union, the Association of Engineering and Shipbuilding Draftsman (AESD), after a disagreement. The Corporation and AESD had a contract that stipulates that the employe/ will only hire workers from a specific union and those workers can only remain with that employer while they are a part of the union so AESD threatened a strike unless Hari resigned also from his job or was fired. Corporation suspended Hari and, after some months, dismissed him with one week’s salary in lieu of notice. Hari brought an action for damages alleging that he was the victim of a tortious intimidation. Decide.    (N.L.U.D., 2020)
(a) The union was guilty of the tort of intimidation. It was unlawful intimidation to use a threat to break their contracts with their employer as a weapon to make him do something which he was legally entitled to do but which they knew would cause loss to Hari.
(b) The Union was not guilty of intimidation as no unlawful means were used to induce Corporation to terminate his contract of service.
(c) There was a contract between Union and Corporation that stipulates that the employer will only hire workers from a specific union and those workers can only remain with that employer while they are a part of the union so the Union is not liable.
(d) Hari cannot claim damages as he was paid one week's salary in lieu of notice.

Correct Answer is Option (c)

Q.139. Legal Principles:
1. A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.
2. "Misrepresentation" means and includes— the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.
Fact: XY Company in its prospectus stated that the company was permitted to make engines that were powered by electricity, rather than by fuel. In reality, the company did not possess such a right as this had to be approved by the Government Board. Gaining the approval for such a claim from the Board was considered a formality in such circumstances and the claim was put forward in the prospectus with this information in mind. However, the claim of the company for this right was later refused by the Board. The individuals who had purchased a stake in the business, upon reliance on the statement, brought a claim for deceit against the defendant's business. Decide.    (N.L.U.D., 2020)
(a) The company is liable for false representation as their claims were eventually turned out to be false.
(b) The company is liable as their false statements has resulted in causing loss to the shareholders.
(c) The company is not liable as the statement in its prospectus was simply incorrect and not fraudulent.
(d) The shareholders should have collected as much information regarding the company as possible before purchasing a stake in it.

Correct Answer is Option (c)

Q.140. Legal Principles:
1. Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with it.
2. Generally, nuisances cannot be justified on the ground of necessity, pecuniary interest, convenience, or economic advantage to a defendant.
3. A person is liable if he can reasonably foresee that his acts would be likely to injure his neighbour.
4. In cases of nuisance, the court may grant an injunction restricting the nuisance from occurring in the future when the loss could not adequately compensated.
Facts: Tina purchased a house in an estate which was adjacent to a functioning, in use, cricket field. The members of Super Eleven Cricket Club used to play Cricket in that field for over 70 years. After Tina moved into the property, cricket balls began to fly over the field's protective barrier and into the Tina's property. Tina complained, which caused Super Eleven Cricket Club to erect a chain link fence.
This improved matters as less balls were now flying onto the Tina's property but it did not fully solve the issue as some still got through. The club offered Tina to pay for any damage done or injuries received as a result of the balls landing onto her land, including fixing any broken windows and similar. Tina, however, refused all of the club's offers and filed a case against the members of the Club alleging nuisance and negligence and requested court to grant an injunction to prevent the club from playing cricket on their ground. Tina argued that even though the club offered to make good any damage and that there had been no injuries, she was not able to use her garden when matches were being played for fear of being struck by a cricket ball. Decide.    (N.L.U.D., 2020)
(a) The members of Club are not liable as Tina was aware about the activities of the Cricket Club and had willingly purchased the property.
(b) The members of the Club are liable for nuisance and court should pass an order of compensation as the injury is small and could be compensated in terms of money. Also, public interest considerations outweighed the private rights of the plaintiff and therefore a remedy of damages was sufficient in the circumstances.
(c) The members of the Club are liable for nuisance and court should pass an order of injunction. The plaintiff's right to enjoyment of her property outweighs the right of the members of the Club to play cricket.
(d) The Club is not liable as they have already taken sufficient measures to mitigate the effects of their act and are ready and willing to do so in future too.

Correct Answer is Option (b)

Q.141. Legal Principles:
1. According to rule of strict liability, any person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage, irrespective of fault, which is the natural consequence of its escape in respect of the non-natural use of land.
2. A person is liable if he can reasonably foresee that his acts would be likely to injure his neighbour.
Facts: PN was the owner of a gas pipe which passed under the surface of an old railway between Ramnagar and Kotpur. XYwas the local council which was responsible for a water pipe which supplied water to a block of flats in the nearby Shining Apartment Complex. A leak developed which was undetected for some time. The water collected at an embankment which housed PN's high pressure gas main. The water caused the embankment to collapse and left the gas main exposed and unsupported. This was a serious and immediate risk and PN took action to avoid the potential danger. They then sought to recover the cost of the remedial works. PN argued that the XY Council was liable for negligence under strict liability.    (N.L.U.D., 2020)
(a) The Council is liable under strict liability rule as the damage is not remote as it was possible for the Council to reasonably foresee a leakage which would eventually lead to collapse of the gas main.
(b) The escape of water as a result of leak is sufficient to make the Council liable.
(c) The Council is not liable as PN should have been careful in detecting the leak earlier. They cannot shift the blame on the Council.
(d) The Council is not liable under rule of strict liability for the damage as the Council's use was neither a non- natural nor dangerous use of the land.

Correct Answer is Option (d)

Q.142. Legal Principles:
1. When the negligent act of two or more person results in the same damage, it is called composite negligence. The liability in such a case is joint and several of the tort-feasers.
2. A person is liable if he can reasonably foresee that his acts would be likely to injure someone.
3. The foreseeability of the type of damage is a prerequisite of liability. 4. The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant.
Facts: Zara filed a civil suit against five drug manufacturing companies. Zara's mother took synthetic estrogen while pregnant with her. As a result of receiving the drug in-utero, Zara developed cancer as an adult. The drug was manufactured by the Defendants, five major drug companies and by about 195 other companies not named in the suit. The Defendants together produced 90% of the drug. Zara is unable to identify which company produced the actual drug her mother took.
Decide whether the Defendants only can be held liable for Zara's cancer.    (N.L.U.D., 2020)
(a) No, as the industry responsible for the production of this drug is large, so holding only the defendants responsible is not correct.
(b) Yes, as defendants join a substantial share of the manufactures into the lawsuit, the chances of the actual tort-feasor escaping liability is greatly reduced.
(c) No, as defendants can be made liable if he can reasonably foresee that his acts would be likely to injure someone.
(d) No, Zara is not entitled to any damages as the drugs her mother was administered were needed at that time and her mother had taken the medicines voluntarily. Zara developed cancer after so many years and she must prove that harm would not have occurred 'but for' the negligence of the defendants.

Correct Answer is Option (b)

Q.143. Legal Principles:
1. Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.
2. The statement must tend to lower the claimant in the estimation of right-thinking members of society.
3. A mere vulgar abuse is not defamation.
4. Defamation encompasses both written statements, known as libel, and spoken statements, called slander.
5. A public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice.
Facts: In 2018, a police officer, Suresh Singh, shot and killed Dayal. After the officer was convicted of culpable homicide not amounting to murder, Dayal's family retained a lawyer, Kaushal, to represent them in civil litigation against the officer. In a magazine called Indian Opinion, the Anti-Communist Society accused Kaushal of being a "Naxalite" and a "Communist-fronter" because he chose to represent clients who were suing a law enforcement officer. Because the statements contained serious inaccuracies, Kaushal filed a libel action against the editors of the magazine. Decide whether he will succeed.    (N.L.U.D., 2020)
(a) No, as it is mere vulgar abuse.
(b) The statement may be defamatory but the editors of the magazine are not liable unless Kaushal is able to establish actual malice in making the statement.
(c) No, as the statement does not tend to lower Kaushal in the estimation of right-thinking members of society and print media is known for such type of journalism.
(d) Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamation.

Correct Answer is Option (d)

Q.144. Legal principle: A contract may, in some circumstances, be discharged by a breach of contract. Where there exists a breach of condition this will enable the innocent party the right to repudiate the contract (bring the contract to an end) in addition to claiming damages.
Facts: In April, Sagar Tour &Travels agreed to employ Hiten as his courier for three months from 1 June 2020, to go on a trip around the European continent. On 11 May, Sagar Tour & Travels wrote to say that Hiten was no longer needed. On 22 May, Hiten sued Sagar Tour & Travels for breach of contract. Sagar Tour & Travels argued that Hiten was still under an obligation to stay ready and willing to perform till the day when performance was due, and therefore could commence no action before June 1, 2020.    (N.L.U.D., 2020)
(a) A breach of contract by renouncing the duty to perform the future obligation does not render the party liable immediately to a suit of action for damages by the injured party.
(b) The renunciation of a contract of future conduct by one party immediately dissolves the obligation of the other party to perform the contract.
(c) Hiten has suffered no harm and the offer can be revoked anytime before June 1, 2020 so he cannot claim any damages.
(d) A contract for future conduct do not constitutes an implied promise that, in the meantime, neither party will prejudice the performance of that promise.

Correct Answer is Option (d)

Q.145. Legal Principle: An agreement between two private parties that creates mutual legal obligations. A contract can be either oral or written.
Facts: Mr. Ram and Mr. Rahim were work colleagues who had an arrangement regarding shared lifts to work. Rahim would drive his motorbike and Ram would ride pillion in return for a weekly sum of money. Unfortunately both were killed in a road traffic accident and the wife of Mr. Ram made a claim for damages against the estate of Mr. Rahim. However Rahim's insurance policy did not cover pillion passengers and as his estate had no assets or money to satisfy the judgment, Mrs. Ram pursued the Motor Insurance Bureau (MIB).
The MIB have an agreement whereby accidents and consequential claims would be satisfied by the Government in circumstances where the driver has no relevant policy of insurance.
However the rules covering this situation require Mr. Ram was carried for "hire or reward". Mrs. Ram argues that there was a contract in place between Ram and Rahim for the lifts to work. Decide whether there was a contract so as to make Mrs. Ram eligible for claim from MIB.    (N.L.U.D., 2020)
(a) Notwithstanding the regular payment of money in return for the lift, it was not a legal obligation as to create a contract. There were no terms as to how long this was to last, what would happen in default of payment or the availability' of transport, or anything written down so as to at least make their intention clear.
(b) Yes, there was clearly an offer of transport and this was accepted. In addition, the consideration exchanged by the parties was the service of transport and the money paid by Ram.
(c) Yes, the practice of agreements between colleagues sharing a lift to work (or "carpooling") is an accepted and wide spread practice. Parties will usually agree that one will take their car and in return the others will make a contribution towards the petrol costs.
(d) No, unless the wife of Ram can show that the accident happened due to rash and negligent driving of Rahim.

Correct Answer is Option (a)

Q.146. Legal Principles:
1. Offer is a proposal made by one person to another to do an act or abstain from doing it. The person who makes the offer is known as the promisor or offeror and the person to whom an offer is made is known as the promisee or the offeree.
2. A contract comes into being by the acceptance of an offer. When the person to whom the offer is made signifies his consent thereto, the proposal is said to be accepted and the parties are at consensus ad idem regarding the terms of the agreement.
Facts: Mr. Kumar visited the Holiday Bliss Hotel. He had not made an in advance booking and upon arrival requested a room for the night. He signed the register and there was no mention at that stage of any other terms or conditions that might impact upon his stay at the hotel. During the course of his stay Mr. Kumar discovered that someone had broken into his room and stolen certain property including a coat. Kumar filed a case of negligence on the Hotel administration.
Nevertheless, the Hotel sought to rely upon an exclusion clause that was placed in the bedroom the claimant stayed in. This stated that the hotel would not accept liability for lost or stolen items belonging to customers. Decide whether the exclusion clause that was displayed in the bedroom constituted a valid term of the contract.    N.L.U.D., 2020
(a) The contract was made when Kumar signed the register at the reception and so the acceptance of the offer mean acceptance of all the terms of the offer.
(b) There is a valid contract between Kumar and Hotel and the Hotel has taken reasonable steps to bring exclusion clause to Kumar's attention in the room.
(c) Terms must be brought to the attention of the customer, consumer or party against whom they are trying to be enforced at the moment the contract was entered into. Kumar was not given notice of this exclusion clause until he had already entered into the contract and therefore it was unenforceable against him.
(d) Though the terms must be brought to the attention of the customer, consumer or party against whom they are trying to be enforced at the moment the contract was entered into. But, such type of clauses are generally part of all contracts and customers should be aware of such exclusion of liability clauses.

Correct Answer is Option (c)

Q.147. Legal Principles:
1. When one person signifies to another person his willingness to do or not do something (abstain) with a view to obtain the assent of such person to such an act or abstinence, he is said to make a proposal or an offer.
2. The communication of the offer is complete when it comes to the knowledge of the person to whom it is made.
3. Communication of acceptance is complete when it is put in the course of transmission to him as to be out of the power of the acceptor to withdraw the same and when it comes to the knowledge of the proposer.
4. In case of the proposer, the communication of the acceptance is complete when he puts such acceptance in the course of transmission.
5. The communication in case of the acceptor is complete when the proposer acquires knowledge of such acceptance.
6. An offer may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards.
Facts: G offered to sell the L fleeces of wool for a certain price. G requested that the response be made by post. This letter was misdirected by G so that it was not received for 3 days after it was sent.
L decided to accept the offer and responded on the same day. This was posted on the 5th July but not received until the 9th July. However, G decided on the 8th July that as he had not received a response so decided to sell the wool to someone else. But L argued that a contract had been created as he had accepted their offer. Decide.    (N.L.U.D., 2020)
(a) No contract was formed as L accepted the offer even before he received the offer by post. Contract will be entered upon when L had received the offer and then written to him saying that the terms were agreed.
(b) The contract was entered on the 9th September when the acceptance was received by G.
(c) C is free to withdraw his offer before 9th September.
(d) The contract was entered on the 5th September when the acceptance was posted, not when it was received.

Correct Answer is Option (d)

Q.148. Legal Principles:
1. In order to convert a proposal into a promise the acceptance must be absolute and unqualified.
2. Acceptance must be expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted. If the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such manner, the proposer may, within a reasonable time after the acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed manner, and not otherwise; but, if he fails to do so, he accepts the acceptance. '
Facts: TUV's employee performing installation on Motorola's premises was injured due to the negligence of Motorola employees. TUV had executed a purchase order that contained an indemnity form. First purchase order contained indemnity provision which narrowly applied to damages caused by the negligence of TUV's employees. It attached a broader indemnity form page which would make TUV also responsible for the negligence of Motorola employees in connection with the work. This page was marked VOID. Amendment 2 to Purchase order contained same provision and attached same additional indemnity form which this time was not marked VOID. But also contained the additional language that "acceptance should be executed on acknowledgement copy which should be returned to the buyer." Employee was injured several months before the acknowledgement copy of the second purchase order was executed, but was in the course of performing work related to the second purchase order. Decide whether TUV liable under the broader indemnity provision.    (N.L.U.D., 2020)
(a) TUV is liable as workers have sustained injury’ during the course of their employment even though TUV has not accepted the amended purchase order as it did not execute the acknowledgement.
(b) Motorola's amendment gave a suggested mode of acceptance which did not preclude TUV's acceptance by another method. TUV accepted when TUV undertook performance of the work called for by the amendment with the "consent and acquiescence" of Motorola.
(c) TUV is not liable under the broader indemnity provision as it did not execute the acknowledgement copy until several months after the employee sustained his injury.
(d) TUV is not liable as commencement of work was acceptance to the first purchase order in which the broader indemnity provision was marked as void.

Correct Answer is Option (b)

Q.149. Legal Principles:
1. A contract can become void when: It is unfairly one-sided; it goes against public policy; its subject matter is illegal; it is impossible to perform; it unfairly restricts one side's actions (such as the right to work); one of the parties is not legally competent to enter into a binding contract.
2. A contract is void as against public policy if: (i) it is a contract by the defendant to pay the plaintiff for inducing a public official to act in a certain manner; (ii) it is a contract to do an illegal act; or (iii) it is a contract that contemplates collusive bidding on a public contract.
Facts: BR Industries, a company manufacturing drills, machine parts and components thereof and a purchaser of subcontract work from other suppliers, won the bid from the HLK Company to supply certain parts to it at a specified price.
BR industries then contracted with SU Co. to supply the parts under the contract for a much lower price. BR Industries then intended to keep the difference between the amount it billed the HLK Company and the amount SU Co. charged for the parts. BR Industries initiated an action for breach of contract when SU Co. failed to complete the order. In its defense, SU Co. asserts that the contract is void as against public policy because Defendant turned a profit of 84.09% on anvils, 39.13% on holder primers and 68.33% on plunger supports. Did plaintiff receive too much compensation deeming it unconscionable and against public policy?    (N.L.U.D., 2020)
(a) The contract is void as against public policy as it is a contract that contemplates collusive bidding on a public contract.
(b) The Contract is void as it unfairly one sided.
(c) Relative values of the consideration in a contract between business men at "arms- length" without fraud will not affect the validity of the contract.
(d) Relative values of the consideration in a contract between business men will affect the validity of the contract as it amounts to abuse of dominance and unconscionable.

Correct Answer is Option (c)

Q.150. Legal Principles:
1. Offer is a proposal made by one person to another to do an act or abstain from doing it. The person who makes the offer is known as the promisor or offeror and the person to whom an offer is made is known as the promisee or the offeree.
2. A contract comes into being by the acceptance of an offer. When the person to whom the offer is made signifies his consent thereto, the proposal is said to be accepted and the parties are at consensus ad idem regarding the terms of the agreement.
Facts: In Dec. 2019, a convicted murderer who was sentenced to death escaped from the custody of Ramesh, a prison official. Ramesh later offered a reward of INR 50,000 to anyone who captured the fugitive and returned him to the authorities. In Jan. 2020, without knowledge or notice of the reward, Sunil captured the fugitive and took him to Ramesh's jail house. Ramesh refused Sunil's demands for the reward money.
Sunil filed a case against Ramesh to recover the reward. Ramesh alleges that there is no contract between Ramesh and Sunil.    (N.L.U.D., 2020)
(a) A mere offer or promise to pay did not give rise to a contract. Rather, the assent or meeting of two minds gave rise to a contract, and therefore it was not complete until the offer was accepted. Having notice or knowledge of the existence of the reward when he captured the fugitive is essential to his right to recover the reward offered by Ramesh.
(b) The act of capturing the fugitive was acceptance of the offer of reward through conduct and so a valid contract is entered upon.
(c) There was an offer by Ramesh and acceptance by Sunil and it is immaterial whether Sunil had notice or knowledge of the existence of the reward when he captured the fugitive.
(d) Such an offer, like the reward here, could be accepted by anyone who performs the service called for, when the acceptor knows that it has been made and acts in performance of it.

Correct Answer is Option (a)

Q.151. Which of the following States have passed a Bill providing for life imprisonment and fine up to INR 5 Lakhs against accused in case of mob lynching leading to death of the victim?    (N.L.U.D., 2020)
(a) Madhya Pradesh
(b) Rajasthan
(c) Uttar Pradesh
(d) Haryana

Correct Answer is Option (b)

Q.152. The strength of Judges in Supreme Court of India has been increased from 31 t o ____.    (N.L.U.D., 2020)
(a) 34
(b) 38
(c) 33
(d) 35

Correct Answer is Option (a)

Q.153. In September 2019, High Court of ____ has held that the right to have access to the internet is part of fundamental right to education and right to privacy under Article 21 of the Constitution of India.     (N.L.U.D., 2020)
(a) Delhi
(b) Madhya Pradesh
(c) Kerala
(d) Mumbai

Correct Answer is Option (c)

Q.154. Which of the following statements is/are correct regarding Delimitation Commission?    N.L.U.D., 2020
I. It determines the number and boundaries of constituencies to make population of all constituencies nearly equal.
II. The orders of Delimitation Commission have the force of law and can be challenged in a court of law.
III. Constitution of India has put a freeze on fresh delimitation until 2025.
IV. The constitution has also capped the number of Lok Shaba & Rajya Sabha seats to a maximum of 550 & 250 respectively
(a) I, II, III, IV
(b) I, II, III
(c) II, III
(d) I, IV

Correct Answer is Option (d)

Q.155. The Enemy Property Act applies to the property of which of the following?     (N.L.U.D., 2020)
(a) people who took citizenship of China & Pakistan
(b) people who took citizenship of Bangladesh, China & Pakistan
(c) people who took citizenship of Bangladesh & China
(d) people who took citizenship of China & Myanmar

Correct Answer is Option (a)

Q.156. Epidemic Diseases Act, 1897 provides for which of the following powers to prevent the spread of an epidemic disease?    (N.L.U.D., 2020)
I. Inspection of person
II. detention of persons
III. penalties for disobeying provisions of the Act under Section 188, 269 & 271Indian Penal Code
IV. legal protection of implementing officers
(a) I, II, III, IV
(b) I, II, III
(c) I, II,IV
(d) I, III, IV

Correct Answer is Option (c)

Q.157. Jammu and Kashmir Reorganisation (Adaptation of State Laws) Second Order 2020 under J&K Civil Services (Decentralization and Recruitment) Act provides for which of the following:    (N.L.U.D., 2020)
I. Anyone who has lived in the Union Territory of J&K for at least 10 years is a domicile.
II. Anyone who has studied there for at least seven years and appeared in Class X or Class XII examinations in any school in the region is a domicile.
III. Anyone who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in the Union territory of Jammu and Kashmir is a domicile.
IV. A domicile of the UT shall be eligible for appointment to any post with a pay scale of not more than Level-4 under the UT or any local authority within the territory.
(a) II, III
(b) I, II, III
(c) I, IV
(d) II, III, IV

Correct Answer is Option (a)

Q.158. Which of the following statements regarding Anti-defection Law is/are incorrect?    (N.L.U.D., 2020)
I. Grounds of disqualification on ground of defection are provided in the 10th Schedule to the Constitution.
II. If 1/3rd of the members of the political party defect from it than it is not defection.
III. Decision of the Speaker regarding disqualification of a member under Anti-Defection Law cannot be challenged in a court of law.
IV. A legislator is deemed to have defected if he disobeys the directives of the party leadership on a vote.
(a) I, II,
(b) I, II , IV
(c) II, III
(d) I, II, III, IV

Correct Answer is Option (c)

Q.159. Which of the following statements is/are correct regarding the Essential Commodities (Amendment) Ordinance, 2020?    (N.L.U.D., 2020)
I. The Ordinance seeks to increase competition in the agriculture sector and enhance farmers' income.
II. The Ordinance requires that imposition of any stock limit on certain specified items must be based on price rise.
III. The provisions of the Ordinance regarding the regulation of food items and the imposition of stock limits will apply to any government order relating to the Public Distribution System or the Targeted Public Distribution System.
IV. Recently, sanitizers, masks and oxygen cylinders are included under the Act till June 30, 2020.
(a) I, II, III
(b) I, II
(c) III, IV
(d) Only I

Correct Answer is Option (b)

Q.160. Recently, the Supreme Court of India has held that women officers are also entitled to
Permanent Commission in ____    (N.L.U.D., 2020)
(a) Indian Navy
(b) Indian Army
(c) Indian Air Force
(d) all of these

Correct Answer is Option (b)

Q.161. In February 2020, the Supreme Court has held that reservations in promotion, in government jobs, is not a fundamental right and refused to give directions to provide reservations to the government of which of the following States?    (N.L.U.D., 2020)
(a) Uttarakhand
(b) Jharkhand
(c) Kerala
(d) Delhi

Correct Answer is Option (a)

Q.162. Which of the following statements is incorrect regarding SC and ST (Prevention of Atrocities) Amendments Act?    (N.L.U.D., 2020)
(a) No arrest can be made without prior permission.
(b) No anticipatory bail can be granted to the accused under the Act.
(c) The Police must file an FIR and arrest the accused on receiving the complaint.
(d) The offences under the Act are cognizable.

Correct Answer is Option (a)

Q.163. Which of the following statements is/are correct regarding the Citizenship' (Amendment) Act 2019?    (N.L.U.D., 2020)
I. The Act does not apply to tribal areas of Tripura, Mizoram, Assam and Meghalaya but apply to all other states and UTs in India.
II. The Act provides that that no order of cancellation of registration shall be passed unless the Overseas Citizen of India Cardholder has been given a reasonable opportunity of being heard.
III. The Act increases the period of naturalisation for such group of persons from six years to eight years.
IV. The Act applies to those who were "forced or compelled to seek shelter in India due to persecution on the ground of religion". It aims to protect such people from proceedings of illegal migration.
(a) I, IV
(b) II, III, IV
(c) I, III, IV
(d) II, IV

Correct Answer is Option (d)

Q.164. Which of the following statements is/are correct regarding preventive detention?    (N.L.U.D., 2020)
I. National Security Act as well as Article 22, Constitution of India provide for preventive detention in certain cases
II. Maximum duration in case of preventive detention can be till 12 months
III. In case of preventive detention, accused has the right to be informed about the grounds of arrest at the time of arrest.
IV. In case of preventive detention, accused has no right to be represented by a lawyer.
(a) I, II
(b) III, IV
(c) I, III, IV
(d) I, II, IV

Correct Answer is Option (d)

Q.165. Which of the following countries joined the International Criminal Court (ICC) in 2019?    (N.L.U.D., 2020)
(a) Turkey
(b) Malaysia
(c) Myanmar
(d) India

Correct Answer is Option (b)

Q.166. The Citizenship (Amendment) Act grants citizenship to the Hindus, Christians, Sikhs, Buddhist, Jains and Parsis — from _____ who had arrived in India before ____    (N.L.U.D., 2020)
(a) Afghanistan, Pakistan and Bangladesh; 31 December 2014
(b) Afghanistan, Sri Lanka and Bangladesh; 31 December 2014
(c) Myanmar, Pakistan and Tibet; 31 December 2011
(d) Afghanistan, Pakistan and Myanmar; 31 December 2011

Correct Answer is Option (a)

Q.167. Which of the following countries have abolished flogging as a form of punishment in April 2020?    (N.L.U.D., 2020)
(a) Indonesia
(b) Maldives
(c) Saudi Arabia
(d) Singapore

Correct Answer is Option (c)

Directions for Questions: In this section each question consists of legal propositions/principles (hereinafter referred to as 'principal) and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the fallowing questions, you must not rely on any principles except the principles that are given hereinbelow for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest to towards study of law, research aptitude and problem solving ability even if the ‘most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the object of this section to test your knowledge of law.
Q.168. Legal Principle: Nothing is an 'offence', if committed by a child below seven years of age.
Fact Situation: Adil, aged six years, is a student of class one. He placed his sharpened pencil on the bench with its pointed end up when his classmate Ajay stood up to answer a question from the teacher. Ajay gets hurt when he sits on the pencil and Adil and his friends have a good laugh. Ajay's father, on seeing his son injured when he returns home, wants action against Adil.    (CLAT, 2018)
(a) Adil has committed an 'offence'
(b) Adil has not committed any 'offence'.
(c) Childish pranks cannot be investigated by the police
(d) The class teacher must be arrested.

Correct Answer is Option (b)

Q.169. Legal Principle: The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.
Fact Situation: Parliament proposes an amendment to limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.    (CLAT, 2018)
(a) The proposed amendment is against the doctrine of basic structure.
(b) The proposed amendment is unconnected to the doctrine of basic structure.
(c) The proposed amendment can be reviewed and struck down by the Constitutional Courts
(d) The proposed amendment is beyond the power of the Parliament.

Correct Answer is Option (c)

Q.170. Who among the following was the first Chairman of the Constituent Assembly in India?    (CLAT, 2018)
(a) Dr. Rajendra Prasad
(b) Dr. Sachchidananda Sinha
(c) Harendra Coomar Mookerjee
(d) Dr. B.R. Ambedkar.

Correct Answer is Option (b)

Q.171. Legal Principle: It is an offence to obstruct a public servant in the due discharge of his duty. Right of private defence is available to protect one's person and property.
Fact Situation: Sidhu comes to the rescue of his uncle who is sought to be taken into a car by some men. In the process, he causes injury to some of them. Later, it turns out that the men were police persons in plain clothes trying to enforce a warrant against his uncle.    (CLAT, 2018)
(a) Sidhu has committed the offence of obstructing a public servant in due discharge of his duty
(b) Sidhu has not committed an offence since he did not know that the men were from the police
(c) Sidhu's uncle has resisted arrest and should be proceeded against
(d) Sidhu should not have tried to help his uncle without ascertaining the fact.

Correct Answer is Option (b)

Q.172. Legal Principle: An employer is liable for the act of his servant performed during the course of employment.
Fact Situation: While working as a driver for Verma, Alok sometimes used to earn some side income by carrying parcels for others in Verma's car without his knowledge or permission. While going to pick Verma from the airport one day, Alok stopped to deliver a parcel he was carrying with him. While he was delivering the parcel, which unknown to him was one of contraband goods, the police arrested Alok.    (CLAT, 2018)
(a) Verma is liable for the act of Alok since he is Verma's driver
(b) Verma is liable for the act of Alok since he had gone to pick Verma from the airport
(c) Verma is not liable for the act of Alok since Alok himself did not know that he was carrying contraband goods
(d) Verma is not liable for the act of Alok since carrying the parcel was not in the course of his employment.

Correct Answer is Option (d)

Q.173. Which law introduced the system of dyarchy in India during the British reign?    (CLAT, 2018)
(a) The Government of India Act, 1858 
(b) The Government of India Act, 1909
(c) The Government of India Act, 1919
(d) The Government of India Act, 1935.

Correct Answer is Option (c)

Q.174. Legal Principle: The Latin maxim nemobispunitur pro eodem delicto means that nobody can be punished twice for the same offence.
Fact Situations: Sajan, a petty thief, is caught and thrashed thoroughly by the people before being handed over to the police. Sajan pleads before the magistrate that since he was already thrashed by the people he should not be again punished by the State.    (CLAT, 2018)
(a) Sajan is right since nobody should be punished for the same offence twice
(b) Thrashing given by the people does not amount to legal punishment and so Sajan can be punished by the State
(c) Giving a good thrashing to the thief is the best form of punishment to prevent future theft
(d) The Magistrate should take into consideration the thrashing received by Sajan while fixing his punishment.

Correct Answer is Option (b)

Q.175. Legal Principle: The Latin maxim qui facit per alium , facit per se means that he who acts through another, acts himself.
Fact Situation: Heema requests her minor sister Harika to purchase a bag for her from the local shop. Harika purchases the bag on credit telling the shop keeper that her sister will pay for it. Afterwards, Heema refuses to pay for tire bag.    (CLAT, 2018)
(a) Since Heema has not purchased the bag herself she is not liable to pay for it
(b) Harika being a minor the shop keeper should not have sold the bag to her
(c) Since she purchased the bag through her sister, Heema is liable to pay for it
(d) Harika being a minor should not have been entrusted by Heema for the purchase of the bag.

Correct Answer is Option (c)

Q.176. Legal Principle: Negligence is the absence of care by one party which results in some damage to another. Damage is an essential ingredient to constitute a tort of negligence.
Fact Situation: Mistry left his ladder on the public road while unloading it from a truck when he went to open the shutters of his shop. Saini who was riding his motorcycle had to swerve hard to avoid hitting the ladder as he came with speed on the road. Saini fell down but was miraculously not injured.    (CLAT, 2018)
(a) Mistry is not liable for the tort of negligence since Saini was not injured though he fell down
(b) Mistry is liable for the tort of negligence since Saini fell down due to the presence of the ladder
(c) Mistry is not liable for the tort of negligence since Saini was speeding on the road
(d) Mistry is liable for the tort of negligence since he was careless in leaving the ladder on the road.

Correct Answer is Option (b)

Q.177.  Legal Principle: Every partner is liable alone and jointly with other partners for the debts of a partnership firm incurred for the business. Every partner is an agent of every other partner while being a principal in his own right in the business of the partnership.
Fact situation: Varun is a partner in a firm with Chinmoy and Jaffar. Jaffar purchases a car for his personal purpose and obtains credit for the same in the name of the partnership behind the back of the other partners. He fails to pay the due amount on the expiry of the period of credit.    (CLAT, 2018)
(a) Varun, Chinmoy and Jaffar are liable to pay for the car since they are partners and the credit was obtained in the name of the firm
(b) Varun and Chinmoy are not liable to pay for the car since Jaffar purchased it for his personal purpose.
(c) Varun, Chinmoy and Jaffar are liable as partners for all credit obtained in the name of the firm even if it is for the personal purpose of a partner
(d) Jaffar can use the credit of the firm to make purchases even for personal purposes since he is a partner in the partnership.

Correct Answer is Option (b)

Q.178. Legal Principle: Parents are not liable for wrongs committed by their children unless they provide the opportunity for such wrongful acts to be committed by their children.
Fact Situation: Sunil, a minor, takes the keys to his father's car from the table top where his father keeps it, drives the car on the public road and hits a pedestrian who gets injured.    CLAT, 2018
(a) Since Sunil took the car without his father's permission, his father is not liable for Sunil's act resulting in the accident
(b) Sunil's father is liable for the conduct of Sunil resulting in the accident since he left the car keys where his son could easily take it without permission
(c) Accidents happen despite utmost care and hence neither Sunil nor his father is liable in the instant case
(d) Sunil's father is not liable since he had kept his. car locked and securely deposited its keys without negligence on his table top.

Correct Answer is Option (b)

Q.179. Legal Principle: No remedy lies in law where an injury is caused to a person without any infringement of his legal right.
Fact Situations: Ashutosh started a tuition Centre right next to the one being run for the past twenty years by Gulshan. After Ashutosh started his Centre, a large number of students shifted from Gulshan's tuition Centre to Ashutosh's Centre forcing Gulshan to close down his establishment suffering huge losses.
Can Gulshan initiate legal action against Ashutosh?    (CLAT, 2018)
(a) Ashutosh must compensate Gulshan for his loss consequent to the start of the new tuition centre
(b) Gulshan cannot blame Ashutosh if he cannot retain his students
(c) Ashutosh has not violated any legal right of Gulshan, though students shifted to Ashutosh's Centre arid though Gulshan suffered loss, after he shut down his tuition Centre
(d) Gulshan should have improved his quality with lower fees to retain his students in the light of competition brought in by Ashutosh.

Correct Answer is Option (c)

Q.180. Legal Principle: Article 20(3) of the Constitution of India states that no person accused of any offence shall be compelled to be a witness against himself
Fact situation: Ubaid refuses to give a sample of his blood after he is stopped by the police for driving over the speed limit. The police suspect him to be driving under the influence of alcohol, which is prohibited under the law.    (CLAT, 2018)
(a) Ubaid is protected by Article 20(3) in his refusal to give a blood sample
(b) Ubaid is not protected by Article 20(3) as he was under the influence of alcohol
(c) Ubaid is not protected by Article 20(3) in his refusal to give a blood sample since he is not accused of any offence yet
(d) Refusal to give a blood sample is a crime and Ubaid must be punished for the same.

Correct Answer is Option (c)

Q.181. Legal Principle:
1. A person is liable for his negligence when he owed a duty of care to others and commits a breach of that duty causing injury thereby.
2. Volenti non fit injuriais defence to negligence.
Factual Situation: Anil and his wife, Reena, were in a shop as customers, where a skylight in the roof of the shop was broken, owing to the negligence of the contractors engaged in repairing the roof, and a portion of the glass fell and struck Anil causing him a severe shock. Reena, who was standing close to h.im, was not touched by the falling glass, but, reasonably believing her husband to be in danger, she instinctively clutched his arm, and tried to pull him from the spot. In doing this, she strained her- leg in such a way as to bring about a recurrence of thrombosis. Anil and Reena are claiming compensation for their injuries which were caused due to the negligence of the shop owners. The shop owners are denying liability on the grounds of volenti non fit injuria. The defence of volenti non fit injuria    (AILET, 2018)
(a) is available in respect of husband
(b) is available in respect of wife
(c) is available in respect of both husband and wife
(d) is not available in respect of both husband and wife.

Correct Answer is Option (d)