Test: Classification of Law- 2 - Humanities/Arts MCQ
15 Questions MCQ Test - Test: Classification of Law- 2
Consists of legal proposition(s) principle(s) (herein after referred to as 'principle') and facts. Such principle may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles those are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to testy your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
Principle: A violation of a legal right of someone, whether results in a legal injury or not, gives rise to an action in tort for compensation. At the same time, an action by someone, which results in some loss or damage to somebody else is not actionable, if there is no violation of a right of that somebody.
Facts: AB Coaching Centre was a popular CLAT coaching academy with several good trainers. A lot of aspirants used to attend its coaching classes from all over and was making good profit. This was going on for the past several years. During a session, T, one of the very good and popular trainer of ABCC, has some difference of opinion with the owner of ABCC and left the coaching centre. In August 20162016, T started another Entrance Coaching Centre closer to ABCC which resulted in a substantial drop in its students and huge financial loss. The owner of ABCCABCC wants to file a case against T for the loss sustained by ABCC. What do you think is the right legal position?
Further, you must not assume any facts other than those stated in the question. The objective of this section is to testy your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
Principle: A violation of a legal right of someone, whether results in a legal injury or not, gives rise to an action in tort for compensation. At the same time, an action by someone, which results in some loss or damage to somebody else is not actionable, if there is no violation of a right of that somebody.
Facts: AB Coaching Centre was a popular CLAT coaching academy with several good trainers. A lot of aspirants used to attend its coaching classes from all over and was making good profit. This was going on for the past several years. During a session, T, one of the very good and popular trainer of ABCC, has some difference of opinion with the owner of ABCC and left the coaching centre. In August 20162016, T started another Entrance Coaching Centre closer to ABCC which resulted in a substantial drop in its students and huge financial loss. The owner of ABCCABCC wants to file a case against T for the loss sustained by ABCC. What do you think is the right legal position?
Judges for the International Court of Jutice is elected for _________years.
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The 73rd and 74th Amendments of the Constitution relating to Panchayati Raj and Municipalities ____________.
Legal Principle:
(i) Joint tort-feasors means joint wrong doers. People can be joint feasors in case of common action, in fact or in law.
(ii) Joint tort-feasors are jointly and severally liable.
Factual Situations: Two dogs belonging to two different owners acting in concert attacked a flock of sheep and injured several sheeps. In an action for damages brought against the owners of the dogs, if one of them puts a defence claiming that he was liable for one half only of the damage, then which one of the following statements is legally sustainable in the above case?
Principle: When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that person to such an act or abstinence, he is said to have made a proposal.
Factual Situation: Xavier telegrammed to William. " Will you sell me your house? Telegram the lowest cash price." William also replied by Telegram" Lowest price for my house is Rs.30h. Xavier immediately sent his reply consenting to William's telegram by saying "I agree to buy your house for Rs.30 asked by you." William refused to sell his house.
Legal Principle: Master / Principal is vicariously liable for the tort committed by an servant / agent, in the performance of his duties as an servant / agent.
Factual Situation: The Plaintiff, a bullion merchant was arrested by the police on a charge of purchasing stolen goods. Some of the gold and silver ornaments were seized from the plaintiff and were kept in the police station custody. They duty constable appropriated the gold ornaments and escaped to a foreign country. The plaintiff after being acquitted brought an action against the State for the compensation. In this case, compensation is ____.
Legal Principle: A minor is not competent to enter into a contract and the law will assume that the contract never happened and everything will be restored to its original position.
Factual Situation: A minor fraudulently misrepresenting her age enters into a contract with another for the purchase of a piano. After the piano has been delivered, she refused to pay the price for the same contending non-existence of a legally binding contract.
Rule A: A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
Rule B: An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ' in the course of employment' means in the course of the work which the employee is contracted to do and which is incidental to it.
Case: Messrs Zafar Abidi & Co. manufactures bidis with the help of persons known as 'pattadars'. The pattadars are supplied tobacco and leaves by the company and they are required toroll them into bidis and bring the bidis back to the company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed hours of work or for nay fixed number of days. Neither are they required to roll up any fixed number of bidis. The company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars on the basis of the number of bidis that are found to be the right quality. Aashish Mathew is one of the pattadars of the company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food stall. Aashish Mathew has applied for compensation from the company.
Q. Which of the following statements can most plausibly be inferred from the application of the rules to the given facts?
Principle: When a person consented to an act to be done by another, he cannot claim any damages resulting from doing that act, provided the act done is the same for which consent is given.
Facts: 'P' submitted a written consent to a surgeon 'S' for undergoing a surgical operation for removal of appendicitis. The surgeon while doing surgery also removed the gall bladder of 'A':
Principle: An agreement without free consent can be enforced only at the option of the party whose consent was not free.
Facts: A obtains the consent of 'B' to enter into an agreement by putting a gun on the head of B's girl friend.
Principle: A contract procured by coercion is bad under Indian Contract Act. Coercion is defined as committing or threatening to commit any act forbidden by Indian Penal Code. Attempt to commit suicide is an offence under Indian Penal Code.
Facts: A wanted his wife B to part away with some property given to her by her father. B resisted fearing that her husband would squander it way. A threatened her that if she does not sign the deed transferring the property to him(i.e., A) he would commit suicide. B signed the deed. Subsequently, she challenged the deed on the ground that the deed was bad under law.
Principle: A person, who is usually of unsound mind, but occasionally normal, may make a contract when he is not of unsound mind.
Facts: 'A' generally remains in the state of unsound mind and rarely becomes capable of understanding the things.
Which of the following is NOT a condition for becoming a citizen of India?
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