Test: Legal Aptitude- 4 - CLAT MCQ

Principle: An agreement to which the consent of the seller is freely given is not void merely because the price is inadequate

Facts: Arjun agrees to sell a horse worth Rs. 1,00,000 for Rs. 10 to Amar. Is the agreement Void?

Principle: Manufacturer is liable for the latent defects in the goods manufactured by him

Facts: A company sold certain shoes made of a special sole for the police department. Later they find some other materials inside which are not discoverable in the ordinary inspection. In this case

Principle: The writ of habeas corpus can be issued against the illegal detention of a person

Facts: Satheesh aged 23 yrs. is in love with Annie aged 17 yrs. they belong to different castes. On coming to know about the affair, Annie was taken away to some distant place against her will buy her father. Satheesh approached the high court for issuing a writ of habeas corpus to release Annie from the custody of her father. Decide.

Principle: In certain cases the same incident may give rise to liability both in contract and tort

Facts: An eye surgeon was called in by a husband to treat his wife. The surgery was not successful and she lost the sight of one eye. Here

Principle: when a legal injury is caused to a person it is actionable even though there is no damage to the person

Facts: X was a west Indian cricketer. He reserved a room in imperial hotel. They cannot provide the room wanted by X and they arranged another room in another hotel in their custody. X claimed custody from Imperial Hotel. Decide.

Rania applied for the post of Director in an organization. The governing body of the organization passed a resolution appointing him to the post. Afterwards, one of the members of the governing body informed him privately of the resolution. Subsequently, the resolution was rescinded by the governing body. Rania files a suit for breach of contract and claims damages. Which one of the following is the correct legal proposition in the case?

Principle: A contract is an agreement enforceable by law.

Facts: X invited Y to her house for dinner. Y accepted the invitation but later did not go. On Y's failure to attend, X filed a suit against Y for the price of non-consumed food. Can this agreement be enforced by law?

Principle: An agreement to do an act impossible in itself is void.

Facts: Rajdeep, a shipping magnate and wildlife enthusiast entered into an agreement with Karan as per which the latter was be paid Rupees five lacs in addition to expenses incurred by him if he caught a live anaconda in the Gir Forest area of India within a period of one year from the date of agreement. It is common knowledge that anaconda is endemic to South America.

Principle: The consideration or object of an agreement must be lawful. It should not be forbidden by law and should not defeat the provisions of any law. It should not be fraudulent or injure any person or property. The Court should not regard it as immoral or opposed to public policy.

Explanation – Every agreement of which the object or consideration is unlawful is void.

Facts: Rohan has a very perverted mind and he tells Saad who is desperately in need of money that, “I will pay you ₹5000 to whip yourself”. Saad agrees and takes the money. Later, he refuses to whip (Chabuk for horse) himself.

Q.

What is the status of the contract?

Principle:  The communication of proposals, their acceptance and revocation are deemed to be made by any act or omission of the party proposing, accepting or revoking by which he intends to communicate such proposal acceptance or revocation, or which has the effect of communicating it.

Explanation – The communication of an acceptance is complete, as against the proposer, when it is put in a course of transmission to him, so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer.

Facts – The only daughter of Mrs Aggarwal went missing. She put a notice in the newspaper stating a reward for anyone who could find her. The reward was Rs.40000. Ms Shivani Bagul was a long-time friend of Mrs Aggarwal. She came to know of the reward but due to her bond with Mrs Aggarwal, she set out to search for the missing girl. She found Mrs Aggarwal’s daughter Shweta and returned her to her mother. Is Shivani entitled to the reward?

“A” offers to sell his car to “B” for Rs. 50,000/-. “B” agrees to buy the car offering Rs.45, 000/-. The reply of “B” amounts to:

When goods are displayed in a show – window bearing price tags, it indicates:

An agreement to do an impossible act has been declared

Questions 17 to 19 on same principle

Principle: Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharge, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commit "criminal breach of trust".

Facts: A is a warehouse-keeper. Z going on a journey entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods.

Principle: Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharge, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commit "criminal breach of trust".

Facts: A, a revenue officer, is entrusted with public money and is either directed by law or bound by a contract, express or implied, with the Government to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money.

Principle: Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharge, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commit "criminal breach of trust".

Facts: A, being executor to will of a deceased person, dishonestly disobeys the law which directs him to divide the effect according to the will, and appropriates them to his own use.

Questions 20 to 23 on same principle

Principle: Whoever with intent to cause, knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".

Facts: Dinesh, stopped supply of water to his neighbor Suresh flat through operation of wrench value key and thereby, turning the main pipe outside the storage reservoir due to which neighbor was debarred from the supply of water in his flat.

Principle: Whoever with intent to cause, knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".

Facts: A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z.

Principle: Whoever with intent to cause, knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".

Facts: A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z's crop.

Principle: Whoever with intent to cause, knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".

Facts: Raman voluntarily throws outside from the window of the bus a wallet belongs to Taran containing cash and other important documents having Driving Licence, Aadhar card and other documents.

Principle: Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that 17) person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. 

Explanation: A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section.

Facts: A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B's house

Questions 25 to 26 on same principle

Principle: Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be bound by law to do it.

Facts: A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law.

Principle: Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be bound by law to do it.

Facts: A, an officer of a Court of Justice, being ordered by that court to arrest Y, and after due enquiry believing Z to be Y, arrest Z

PRINCIPLE: Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said to defame that person.

FACTS: In a community there is a custom of stealing shoes of bridegroom during the marriage ceremony. The shoes of the bridegroom were stolen by Y, A announced that Z has stolen the shoes. Everyone present in the marriage party started staring at Z with great surprise. Z felt very ashamed.

PRINCIPLE: An employer is liable for the negligence of his employee. But an employer is not liable for the negligence of his employee, if the victim of such negligence is one of his other employees.

FACTS: A and B were working in factory as unskilled labourers. A was carrying a basket of stones on his head. B was sitting on the ground. When A crossed B, all of a sudden a stone fell down from the basket and hit B on his head. B died immediately.

PRINCIPLE: Damages are the money recompense, as far as money can do, for the violation of a right.

FACTS: A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voter’s list. A has also reported at the polling booth in time. However, the candidate in whose favour A would have cast his vote won the election. A filed a suit claiming damages.

PRINCIPLE: When a person voluntarily agrees to suffer some harm, he is not allowed to complain for that.

FACTS: A was one of the spectators at a formula one car race, being held at Gurgaon, on a track owned by One M Company. During the race, there was a collision between two racing cars, one of which was thrown away amidst spectators, thereby causing an injury to A. A claims damage for the injuries caused to him.