Practice Questions For CLAT Subject Legal Aptitude (Worksheet-9)

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Legal Aptitude Worksheet-09 With Detail Solutions

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Legal aptitude

1.Which one of the following is not correctly matched?

(a)Oral transfer - Section 9 of the Transfer of Property Act

(b)Rule against perpetuity-Section 14 of the Transfer of Property Act

(c)Doctrine of election-Section 35 of the Transfer of Property Act

(d)Transfer by Ostensible Owner-Section 40 of the Transfer of Property Act

1.(d)

Burden of obligation imposing restriction on use of land.—Where, for the more beneficial enjoyment of his own immoveable property, a third person has, independently of any interest in the immoveable property of another or of any easement thereon, a right to restrain the enjoyment 1, or of obligation annexed to ownership but not amounting to interest or easement.—Where a third person is entitled to the benefit of an obligation arising out of contract and annexed to the ownership of immoveable property, but not amounting to an interest therein or easement thereon, such right or obligation may be enforced against a transferee with notice thereof or a gratuitous transferee of the property affected thereby, but not against a transferee for consideration and without notice of the right or obligation, not against such property in his hands.

1.Legal Awareness - Important Indian Acts – Medium

2.Find out the incorrect statement in respect of temporary injunctions

(a)preventive are life granted at the discretion of the Court

(b)such as are to continue until a specified time or until the further order of the Court

(c)regulated by the Code of Civil Procedure

(d)cannot be granted at any stage of a suit

2.(d)

A court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action. A temporary injunction differs from a "temporary restraining order" which is a short-term, stop-gap injunction issued pending a hearing, at which time a temporary injunction may be ordered to be in force until trial. The purpose of a temporary injunction is to maintain the status quo and prevent irreparable damage or change before the legal questions are determined. After the trial the court may issue a "permanent injunction" or "dissolve" (cancel) the temporary injunction.

2.Legal Awareness - Law, Its Nature and Classification

3.How many witnesses are necessary in Shia Muslim marriage?

(a)Two males(b)One male and two females

(c)No witness is required(d)Both (a) and (b)

3.(c)

No witness is required in Shia Muslim marriage. Shia and Sunni marriages consist of very different wedding functions. In a Sunni wedding function, it is vital to have two adult consenting males present for the entire length of the ceremony as witnesses. Such witnesses are not required as per the rules of Sunni divorce. It can be done in the presence of only the husband and the wife. The case of a Shia wedding is completely different as in this case where the witnesses are mandated to be present in the case of a divorce and not when the wedding takes place.

3.Legal Awareness - Important Indian Acts – Medium

4.Which is the secondary source of Muslim Law under the following?

(a) Custom(b) ljmaa(c) Qiyas(d) None of these

4.(a)

The ijma', or consensus amongst Muslim jurists on a particular legal issue, constitutes the third source of Islamic law. Muslim jurists provide many verses of the Quran that legitimize ijma' as a source of legislation. Muhammad himself said:

"My followers will never agree upon an error or what is wrong",

"God's hand is with the entire community".

In history, it has been the most important factor in defining the meaning of the other sources and thus in formulating the doctrine and practice of the Muslim community. This is so because ijma' represents the unanimous agreement of Muslims on a regulation or law at any given time.

4.Legal Awareness - Important Indian Acts – Medium

5.A person employed to do any act for another or to represent another in dealings with the third person is

(a) aprincipal(b) apawnor(c) an acfent(d) abailor

5.(c)

A person employed to do any act for another or to represent another in dealings with the third person is an acfent.

5.Legal Awareness - Legal Terms – Easy

6.In which of the following cases hearsay evidence is not admissible?

(a)Statement of experts expressed in treaties, if the author is dead or cannot be found

(b)Where eye-witness told the facts to another person, statement of that person

(c)If the statement is of a deceased person, when it related to cause of his death

(d)It the statement is part of the transaction-in-issue

6.(b)

6.Legal Awareness - Legal Maxims – Easy

7.Which one of the following cases is not correctly matched?

(a)McNaughten's Case—Section 84 of IPC

(b)DPP versus Beard—Section 84 of IPC

(c)Basudeo versus State—Section 86 of IPC

(d)Bhawoo uiwaji ver Mooljee Dayal— Section 79 of IPC

7.(b)

DPP versus Beard—Section 84 of IPC is not correctly matched.

7.Legal Awareness - Legal Maxims – Medium

8.Which one of the following Sections of the Code of Criminal Procedure provides for anticipatory bail?

(a) Section 436(b) Section 438(c) Section 439(d) Section 437

8.(b)

Section 438 of the following Sections of the Code of Criminal Procedure provides for anticipatory bail.

8.Legal Awareness – Constitution – Medium

9.In which of the following cases the principles relating to the defence of intoxication were laid down?

(a)McNaughten Case(b)Director of Public Prosecution versus Beard

(c)R versus Dudley and Stephen(d)R versus Prince

9.(b)

9.Legal Awareness - Legal Terms – Easy

10.Which one of the following provisions of the Transfer of Property Act relates to ‘usufructuary mortgage’?

(a) Section 58 (a) (b) Section 58 (b) (c) Section 58 (d) (d) Section 58 (e)

10.(c)

Section 58 (d) of the Transfer of Property Act relates to ‘usufructuary mortgage’.

10.Legal Awareness - Legal Terms – Easy

11.The maxim ‘Ignorantia facit excusat’ relates to

(a) Section 75 of the Indian Penal Code(b) Section 76 of the Indian Penal Code

11.(b)

The maxim ‘Ignorantia facit excusat’ relates to Section 76 of the Indian Penal Code.

11.Legal Awareness – Constitution – Easy

12.The gift of future property is

(a) void (b) voidable(c) valid(d) conditionally void

12.(a)

The gift of future property is void.

12.Legal Awareness - Important Indian Acts – Easy

13.Which amongst the following is not the duty of a Patel appointed under the Madhya Pradesh Land Revenue Code?

(a) To collect and pay Land Revenue into the Gram Kosh

(b) To furnish reports regarding State of his village

(d) To maintain land records

13.(d)

13.Legal Awareness - Legal Maxims – Easy

14.Which of the following is not an actionable claim?

(a) Right to a Provident Fund Account

(b) Promise to pay Rs. 500 if the promise succeed in LLB examination

(d) Right to claim benefit of a contract coupled with a liability

14.(d)

Right to claim benefit of a contract coupled with a liability is not an actionable claim.

14.Legal Awareness – Constitution – Medium

15.The normal term of office of a member nominated to a Gram Nyayalaya constituted under the Madhya Pradesh Gram Nyayalaya Adhiniyam 1996 is

(a) two years (b) three years(c) five years (d) six years

15.(c)

The normal term of office of a member nominated to a Gram Nyayalaya constituted under the Madhya Pradesh Gram Nyayalaya Adhiniyam 1996 is five years.

15.Legal Awareness – Constitution – Medium

16.An accused below the age of 18 years for committing an offence can be tried under

(a) Indian Penal Code (45 of 1860)

(b) Juvenile Justice (Care and Protection of Children) Act, 2000

(d) Being a minor, he is not to be punished

16.(b)

An accused below the age of 18 years for committing an offence can be tried under Juvenile Justice (Care and Protection of Children) Act, 2000.

16.Legal Awareness - Important Indian Acts – Medium

17.Which one of the following mortgages does not require writing and registration?

(a) Usufructuary mortgages(b) Simple mortgage

17.(d)

Mortgage by deposit of title deeds does not require writing and registration.

17.Legal Awareness - Important Indian Acts – Medium

18.A person whose fundamental rights are violated can move the High Court under

(a) Article 20 (b) Article 226(c) Article 32 (d) Article 22

18.(b)

A person whose fundamental rights are violated can move the High Court under Article 226.

19.Legal Awareness – Constitution – Medium

19.Which Section of the Code .of Criminal Procedure provides that "no statement made by any person to a police officer if reduced to writing, be signed by the person making it”?

(a) Section 161 (b) Section 162(c) Section 163 (d) Section 164

19.(b)

19.Legal Awareness – Constitution – Easy

20.In regard to a Hindu marriage, 'Sapinda relationship' of any person is counted upto

(a) fifth generation in the line of ascent through father only

(b) third generation in the line of ascent through mother only

(d) None of the above

20.(c)

20.Legal Awareness - Important Indian Acts – Easy

21.Which of the following sections of the Transfer of Property Act deals with “effect of holding over a lease”?

(a) Section 114 A (b) Section 115 (c) Section 115 A (d) Section 116

21.(d)

Section 116 of the Transfer of Property Act deals with “effect of holding over a lease”.

21.Legal Awareness - Constitution– Easy

22.Which one of the following sections of the Indian Penal Code relates with punishment for cheating?

(a) Section 415(b) Section 417(c) Section 416(d) None of the above

22.(b)

22.Legal Awareness - Constitution– Easy

23.Preliminary Decree can be passed in a suit

(a) for partition(b) for partnership

23.(d)

Preliminary Decree can be passed in a suit for partition, for partnership, for possession and mesne profit.

23.Legal Awareness - Legal Maxims - Medium

24.The Privy Council decision in Tilakdhari Lal Vs Khedan Lal relates to

(a) Section 3 of the Transfer of Property Act

(b) Section 41 of the Transfer of Property Act

(d) Section 122 of the Transfer of Property Act

24.(a)

24.Legal Awareness – Constitution – Easy

25.If parties to a Hindu marriage are sapinda to each other, the marriage is

(a) void (b) voidable(c) valid (d) None of these

25.(a)

If parties to a Hindu marriage are sapinda to each other, the marriage is void.

25.Legal Awareness - Important Indian Acts – Medium

Direction : (Q. Nos. 26 to 28)

Rule

Whoever finds an unattended object can keep it unless the true owner claims that object. This does not affect the property owner's right to the ownership of the property on which the object is found. The right to ownership of a property does not include the right to ownership of unattended objects on that property.

Facts

Elizabeth is the CEO of a global management services company in Chennai and is on her way to Ranchi to deliver he convocation address at India's leading business school on the outskirts of Ranchi. Flying business class on Dolphin Airlines, she is entitle d to use the lounge owned by the airline in Chennai Airport while waiting for her flight. She finds a diamond ear-ring on the floor of the lounge and gives it to the staff of Dolphin Airlines expressly stating that in the event of nobody claiming the ear-ring within six months, she would claim it back. The airline sells the ear-ring after eight months and Elizabeth files a case to recover the value of the ear-ring from the airline when she is informed about its sale.

26.As a judge you would order that

(a)Elizabeth is not entitled to compensation because the ear ring was found on the property of the airline and therefore, the airline is entitled to sell it

(b)The airline must compensate Elizabeth because owning the lounge does not give the airline the right over all things that might be found on it

(c)The airline must compensate Elizabeth because while accepting the ear-ring from Elizabeth they had agreed to return it if nobody claimed it within six months

(d)Elizabeth is not entitled to compensation because she did not claim the ear-ring after the expiry of six months and the airline waited for a couple more months before selling it

26.(b)

27.Assume now that Elizabeth was only an economy class passenger and was not entitled to use the airline's lounge. However, she manages to gain entry and finds the ear-ring in the lounge. The rest of the above facts remain the same. Will her illegal entry into the Lounge affect Elizabeth's right to keep the ear-ring (or be compensated for its value)?

(a)Yes, the airline claims that Elizabeth's entry into the lounge was illegal and therefore has no right over anything she found there

(b)No, because Elizabeth's class of travel has no bearing on the outcome in this case

(c)Cannot be determined as we need to know how Elizabeth was able to access the airline's lounge

(d)None of the above

27.(b)

28.To the original fact scenario, the following fact is added: In the lounge there are numerous signboards which proclaim 'Any unattended item will be confiscated by Dolphin Airlines'. In this case, you would

(a)Order the airline to pay compensation to Elizabeth because the board in the lounge cannot grant property rights over unattended objects to the airline

(b)Deny Elizabeth compensation because the signboard makes it evident that the airline, as owner of the lounge, is exercising all rights over all unattended items in the lounge and the ear-ring is one such item

(c)Deny Elizabeth compensation because she knew any unattended item belonged to the airline

(d)Order the airline to pay compensation to Elizabeth because the property rights of the airline are relevant only if the item is unattended. The moment Elizabeth found the ear-ring, it belonged to her

28.(a)

26-28.Legal Reasoning - Property Law – Medium

29. Principle Under the Transfer of Property Act, 1882 a property must be transferred, by one living person to another living person. The Act deals only with transfer of property between living persons.

Facts 'X' wants to transfer his property to the presiding deity in a temple situated within the estate of 'A'.

(a)Transfer of property by 'X' will be valid

(b)Transfer of property by 'X' will be invalid

(c)Transfer of property by 'X' to the presiding deity will become a valid transfer to ‘A’

(d)None of the above

29.(b)

According to the provisions of Section 5 of the Transfer of Property Act, 'transfer of property' means an Act by which a living person conveys property, in present or in future, to one or more other living persons or to himself and one or more other living persons.

In this Section, living person includes a company or association or body of individuals, whether incorporated or not. So, in the given situation the transfer of property by X to the presiding deity is not valid.

29.Legal Reasoning - Property Law – Medium

30.Principle : When any person dis-honestly takes any moveable property out of the possession of any other person without his consent, he is guilty of theft.

Facts : A entered the drawing room of Y, A picked up the H.M.T. Quartz wristwatch lying on the table and hide it in a corner and left immediately whether A was committed theft.

(a)A commits theft because he has moved the watch from Y’s table without his consent

(b) A does not commit theft because he has not left Y’s house with watch

(d) A commits theft at the moment he picks up the watch dishonestly and intended to keep it

30.(d)

30.Legal Reasoning - Property Law – Medium

31.Principle Trade dispute means any dispute between employers and workmen or between workmen and workmen or between employers and employers which is connected with the employment or non-employment or the terms of employment or the conditions of labour, of any person. Disputes connected with the non-employment must be understood to include a dispute connected with a dismissal, discharge, removal or retrenchment of a workman.

Facts 'X', an employee in a sugar factory, raised a dispute against Y, the employer, through trade union regarding certain matters connected with his suspension from the employment.

(a)Matters connected with suspension can amount to a trade dispute

(b)Matters connected with suspension cannot amount to a trade dispute

(c)Only after dismissal, matters connected with suspension can amount to a trade dispute

(d)None of the above

31.(c)

According to the principle stated in the scenario, disputes connected with the non-employment includes a dispute connected with the dismissal, discharge, removal or retrenchment of a workman. So the suspension of X from the employment can amount to a trade dispute only after dismissal.

31.Legal Reasoning - Law of Torts – Medium

32.Principle No legal remedy exists for an injury caused by an act, for which one has consented.

Facts In the One Day International Cricket Match between India and Pakistan, Sehwag hit a full toss delivery of Shoaib Akhtar over the boundary for a six. The ball fell on the body of one of the spectator and injured him. Spectator sues organizer of the match for reimbursement of the medical bill he paid for treatment.

(a) Spectator can recover the costs of his medical expense from Sehwag

(b) Spectator should be compensated as he purchased the ticket to get entertainment and not to get injured

(d) Organiser is liable as it did not ensure that the spectators were protected from the risks of such injuries

32.(c)

32.Legal Reasoning - Criminal Law – Medium

33. Principle A contract which is duly supported by real and lawful consideration is valid not with standing the fact that the consideration is inadequate. The quantum of consideration is for the parties to decide at the time of making a contract and not for the courts (to decide) when the contract is sought to be enforced. An agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate, but the inadequacy of the consideration may be taken into account by the court in determining the question whether the consent of the promisor was freely given.

Facts 'A' agrees to sell his mobile phone worth Rs. 20000 for Rs. 100 only to ‘B’ A's consent is freely given.

Which of the following derivations is correct?

(a)There is a contract between 'A' and 'B'

(b)There is no contract between 'A' and ‘B’ because consideration is not adequate

(c)There is no contract between 'A' and 'B' because a mobile phone worth Rs. 20000 cannot be sold for just Rs. 100

(d)None of the above

33.(a)

According to Explanation 2 of Section 25 of the Indian Contract Act 1872, An agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate, but the inadequacy of the consideration may be taken into account by the court in determining the question whether the consent of the promisor was freely given. In the given situation, A agrees to sell his phone worth Rs. 20000 for Rs. 100 only to B, though the consideration is inadequate, but the consent of A is given freely so, there is a contract between A and B.

33.Legal Reasoning - Contract Law – Medium

34.Principle

(1) A person who is usually of sound mind, but occasionally of unsound mind may not make a contract when he is of unsound mind.

(2)A person who is usually of unsound mind but occasionally of sound mind may make a contract when he is of sound mind.

Facts A property worth about Rs. 25000 was agreed to be sold by a person for Rs. 7000 only. His mother proved that he was a born idiot incapable of understanding the transaction. Decide

(a) sale is void

(b) sale is not void because he was idiot but know about the money

(d) None of the above

34.(a)

34.Legal Reasoning - Contract Law – Medium

35. Principle Vicarious liability is the liability of the Master or Principal for the tort committed by his servant or agent, provided the tort is committed in the course of employment. The Master or Principal is not liable for private wrongs of the servant/agent.

Facts 'X' hands over some cash money at his house to Y, who is his (X's) neighbour and is also cashier in a bank, to be deposited in A's account in the bank. Instead of depositing the money, Y misappropriates it.

Which of the following statements depicts correct legal position in this given situation?

(a)The bank would not be liable because ‘Y’ did not do any wrong in the course of his employment

(b)The bank would be vicariously liable because ‘Y’ was the employee of the bank

(c)The bank would not be liable because ‘Y’ did not do any wrong

(d)The bank would be liable because ‘Y’ acted as bank's agent

35.(a)

According to the provisions of law of torts on vicarious liability, a master or principal is liable for the torts committed by his servant or agent, provided the tort is committed in the course of employment.

In the present case, the bank is not liable for the act of Y, as he (Y) did no wrong in the course of employment of bank. Secondly Y, is the neighbour of X, so there is no master-servant or principal-agent relationship between them.

35.Legal Reasoning - Law of Torts – Medium

36.Principle Damages cannot be claimed against a risk to which consent has been given. The principle does not apply to rescue cases.

Facts A and B brought tickets to have a view of a football match. During the course of the game a hand kick from one of the players caused the ball to hit A on his face, causing bleeding and nausea from nose. After half time the organizers allowed entry of more spectators, then the seating capacity of the stadium. In the resulting stampede C and D who were watching the match since the beginning got injured.

(a) A shall not be able to recover as by purchasing a seat in a football game he consented to all the risks of such watching

(b) A shall not be able to recover as he consented to the risk of the ball

(d) A shall be able to recover as the organizers failed to take precautions against the ball

36.(a)

36.Legal Reasoning - Criminal Law – Medium

37. Principle In a civil action for defamation, truth of the defamatory matter is an absolute defence. However, the burden of proving truth is on the defendant; and he is liable if he does not successfully discharge this burden.

Facts ‘D’ who was the editor of a local weekly, published a series of articles mentioning that 'P’ who was a government servant, issued false certificates, accepted bribe, adopted corrupt and illegal means to mint money and was a 'mischief monger'. 'P' brought a civil action against 'D', who could not prove the facts published by him.

Under the circumstances, which of the following derivations is correct?

(a)'D' would be liable, since he could not prove the facts published by him

(b)'D' would not be liable, as such an action could curtail the right of expression and speech of press

(c)'D' would not be liable, as media could publish anything

(d)None of the above

37.(a)

According to Section 499 of the Indian Penal Code and Law of Torts on Defamation, truth of the defamatory matter is an absolute defence, however, the burden of proving truth is on the defendant; and he would be liable if he does not successfully discharge this burden. In the present case, D would be liable, as he could not prove the facts published by him.

37.Legal Reasoning - Law of Torts – Medium

38. Principle : Attempt to murder - Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty or murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. Attempts by life convicts - When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.

Facts : A, intending to murder Z, buys a gun and loads it. A has not yet committed the office. A fires the gun at Z. He has committed the offence defined in this section, and if by such firing he wounds Z, he is liable to the punishment provided by the later part of the first paragraph of this section. A is liable to be punished under which offence?

(a)Culpable Homicide(b)Attempt to murder

(c)Murder(d)Culpable homicide not amounting to murder

38.(b)

38.Legal Reasoning - Criminal Law – Medium

39.Principle An agreement is enforceable at law if parties competent to contract enter into it with free consent, for consideration. And the contract is not contrary to law and against public policy.

Facts A Minor enter into an agreement to sell his flat at Delhi for a sum of Rs. 10 lakhs. Minor's father is very annoyed with Minor at the transaction and does not allow to delivers. The buyer files a suit for a specific performance.

(a) The buyer will not succeed because A’s father does not approve of the contract

(b) The buyer will succe§'5 because A freely entered into the contract

(d) The buyer will succeed T because the agreement is with consideration

39.(c)

39.Legal Reasoning - Contract Law – Medium

40. Principle Master is liable for the wrongful acts committed by his servant; provided the acts are committed during the course of employment. However, the master is not liable if the wrongful act committed by his servant has no connection, whatsoever, with the servant's contract of employment.

Facts 'D' is a driver employed by 'M', who is the owner of a company. During the lunch time, 'D' goes to a close by tea shop to have a cup of tea. There he ('D') picks up fight with the tea shop owner (T), which resulted in some damage to his shop. T wants to sue 'M' for claiming compensation for the damage caused by the fight.

Which of the following derivations is correct.

(a)'M' will be liable because 'D' is his servant

(b)Both 'M' and 'D' will be liable

(c)'M' will not be liable because the wrongful act (picking up fight) was not committed in the course of ‘D’s employment

(d)‘M’ will be liable albeit the wrongful act (picking up fight) was not committed in the course of ‘D’s employment

40.(c)

According to the principle of Vicarious Liability in Law of Torts, the master is liable for the wrongful acts committed by his servant during the course of employment.

In this case, M will not be liable because the wrongful act was not committed in the course of D's employment, as D went to have a cup of tea during the lunch time.

40.Legal Reasoning - Law of Torts – Medium

41.Principle : Who ever being in any manner entrusted with property, or with any dominion ever property, dishonestly misappropriates or converts to his use that property, or dishonestly uses or disposes of that property is violation of any direction of law presenting the mode in which such trust is to be discharged shall commit criminal breach of trust.

Facts : A software engineer with a MNC having a car has fine transferred to USA. While leaving for USA he entrust his car to B with the direction of safekeeping and shall be return to A as it is and when he returned from USA and asked for the same, B without the consent of A gave this car to C who took the car and never returned on A's return.

(a)A can lodge a suit against B for recovery as car

(b)is not liable as fie his said Honesty

(c)A should saw C for renting car

(d)B has committed criminal breach of trust

41.(d)

41.Legal Reasoning - Criminal Law – Medium

42.Principle An unfair trade practice includes a trade practice which for the purpose of sale, falsely represents that the goods are of a particular standard, quality or grade.

Facts P & Co issues an advertisement that their tooth paste is 102% better than the tooth paste of C & Co. Is this can an unfair trade practice?

(a) No, this is not unfair trade practice as this is a normal practice in trade

(b) No, because the facts in this advertisement are correct

(d) None of the above

42.(c)

42.Legal Reasoning - Law of Torts – Medium

43. Principle Interference with another's goods in such a way as to deny the latter's title to the goods amounts to cor. version, and thus it is a civil wrong. It is an act intentionally done inconsistent with the owner's right, though the doer may not know of, or intend to challenge, the property or possession of the true owner.

Facts 'R' went to a cycle-stand to park his bicycle. Seeing the stand fully occupied, he removed a few bicycle;: in order to rearrange a portion of the stand and make some space for his bicycle. He parked his bicycle properly, and put back all the bicycles except the one belonging to 'S', In fact, 'R' was in a hurry, and therefore, he could not put back S's bicycle. Somebody came on the way and took away S's bicycle. The watchman of the stand did not take care of it assuming that the bicycle was not parked inside the stand. 'S' filed a suit against 'R' for conversion.

Which of the following derivations is correct?

(a)'R' could not be held liable for the negligence of the watchman

(b)S' would succeed because R's act led to the stealing of his bicycle

(c)'S' would not succeed because 'R' did not take away the bicycle himself

(d)'S' would not succeed because R's intention was not bad

43.(b)

According to the Law of Torts, Conversion is a tort that exposes you to liability for damages in a civil lawsuit. It applies when someone intentionally interferes with personal property belonging to another person. In the given case, S would succeed because R's act led to the stealing of his cycle.

43.Legal Reasoning - Law of Torts – Medium

44.Principle : 'Agent' and 'principal' defined - An 'agent' is a person employed to do any act for another, or to represent in dealings with third person. The person for whom such act is done, or who is so represented, is called the 'principal . Agent is

(a)person employed to do any act for another to represent in dealings with third person.

(b)person for when the act is done or who is represented in dealings with third person.

(c)person from whom the person employed to any act, has to get the work done.

(d)All of the above.

44.(a)

44.Legal Reasoning - Contract Law - Medium

45.Principle Liability of a person depends upon his act.

Facts One eveningna delivery boy from M/s KT Dass and Co. delivered a carton of sweets at Mr. Chatterjee's residence. The delivery boy told Mrs. Chatterjee that the sweets were ordered by her husband. When Mr. Chatterjee came home in the evening, he told his wife that he did not order any sweets. Nevertheless, the entire family finished all the sweets. Next day morning the delivery boy came again to Mr. Chatterjee's residence and explained that by mistake he delivered to the carton to them, in fact it was to be delivered to their next door neighbour, Mr. Banerjee. When Mr. Chatterjee told him that they had already consumed the sweets, the boy on behalf of his employer asked Mr. Chatterjee to pay the price of sweets.

(a) M/s KT Dass and Co have no right to claim the price because there was a serious mistake on the part of their employee

(b) M/s KT Dass and Co. cannot claim the price because the sweets were notordered by Mr. and Mrs. Chatterjee at all

(d) M/s KT Dass and Co are entitled to claim the price from Mr. and Mrs. Chatterjee because they consumed the sweets without ascertaining why they were delivered to them and because they enjoyed the sweets though they did not order them

45.(d)

45.Legal Reasoning - Law of Torts – Medium

46.Principle : Void ability of agreements without free consent - When consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.

A party to contract, whose consent was caused by fraud or misrepresentation, may, if he thinks fit, insist that the contract shall be performed, and that he shall be put in the position in which he would have been if the representations made had been true.

Facts : A, intending to deceive B, falsely represents that five hundred maunds of indigo are made annually at A's factory, are thereby induces B to buy the factory. The contract is voidable at the option of B.

When the consent is caused by misrepresentation the contract under Section 19 is

(a) valid(b) void(c) voidable(d) illegal

46.(c)

46.Legal Reasoning - Contract Law – Medium

47.Principle Whoever, unlawfully or negligently does any act which is, and which he knows or has reason to believe to he, likely to spread the infection of any disease dangerous to life, shall be guilty of a negligent act likely to spread infection of disease dangerous to life.

Facts 'K', a person, knowing that he is suffering from Cholera, travels by a train without informing the railway officers of his condition.

(a)‘K’ has committed an unlawful and negligent act, which is likely to spread the infection of Cholera disease dangerous to the life of fellow-passengers.

(b)Railway officers are guilty of an unlawful and negligent act, as ‘K’ who is suffering from Cholera disease has travelled by the train

(c)‘K’ has not committed an unlawful and negligent act, which is likely to Spread the infection of Cholera disease dangerous to the life of fellow-passengers

(d) Both ‘K’ and Railway officers are guilty of an unlawful and negligent act, which is likely to spread the infection of Cholera disease dangerous to the life of fellow-passengers.

47.(a)

According to the principle given here, which is enshrined in the tort of negligence, you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.

So, in the present scenario, K has committed an unlawful and negligent act, which is likely to spread the infection of Cholera disease dangerous to the life of fellow-passengers.

47.Legal Reasoning - Law of Torts – Medium

48.Principle : Who are competent to contract - Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind and is not disqualified from contracting by any law to which he is subject.

A person is said to be competent to contract, when

(a)he attains the age of majority.

(b)he is of sound mind.

(c)he is not disqualified from contracting by any law to which he is subject.

(d)All of the above

48.(d)

48.Legal Reasoning - Law of Torts – Medium

49. Principle Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

Facts 'Z', going on a journey, entrusts his plate to the possession of 'A', the keeper of a warehouse, till 'Z' shall return. Then, 'A' carries the plate to a goldsmith and sells it.

(a)'A' has committed theft

(b)'A' has not committed theft

(c)'A' lawfully sold the plate to the goldsmith

(d)None of the above is true

49.(d)

Section 378 of the Indian penal code, deals with the provisions related to theft. The main constituent of the offence of theft is intention to steal and secondly without the consent of the owner, however, in the given case Z has entrusted his plate to the possession of A with his free consent.

So here, A has not committed the offence of theft. But A is guilty of committing the offence of Criminal Breach of Trust, for which the provisions are provided under Section 405 of the Indian Penal Code.

49.Legal Reasoning - Criminal Law – Medium

50. Principle : General duties of partners- Partners are bound to carry on the business of the firm to the greatest common advantage, to be just and faithful to each other, and to render true accounts and full information of all things affecting the firm to any partner or his legal representative.

What are the general Duties of partners in the firm?

(a)To carry on the business of the firm

(b)Partners to be just and faithful to each other

(c)Render true account and full information

(d)All of the above

50.(a)

50.Legal Reasoning - Law of Torts – Easy