Practice Questions For CLAT Subject Legal Aptitude (Worksheet-2)

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Legal Aptitude Worksheet-02 With Detail Solutions

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LEGAL APTITUDE

1.Assertion (A) The Indian Constitution was adopted on 26th November, 1949.

Reason (R) Law Day is celebrated in India on 26th November every year.

(a)Both A and R are true but R is the correct explanation of A.

(b) Both A and R are true but R is not the correct explanation of A.

(d) A is false but R is true.

1.(a)

1.Legal Awareness – Constitution – Easy

2.Assertion (A) Directive Principles of State Policy contained in Part IV shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles, in making laws.

Reason (R) Directive Principles of State Policy and Fundamental Rights are both complementary to-each other but in case of any controversy Fundamental Rights will prevail.

(a)Both A and R are true but R is the correct explanation of A.

(b) Both A and R are true but R is not the correct explanation of A.

(d) A is false but R is true.

2.(c)

2.Legal Awareness – Important Indian Acts – Medium

3.Assertion (A) X, because of unsound state of mind and not knowing the nature of the act, attacks Y, who in self defense and in order to ward off the attack, hits him thereby injuring him. Y has not committed an offence.

Reason (R) Y had a right of private defense against X under Section-98 of the Indian Penal Code.

(a)Both A and R are true but R is the correct explanation of A.

(b) Both A and R are true but R is not the correct explanation of A.

(d) A is false but R is true.

3.(a)

3.Legal Reasoning - Criminal Law – Medium

4.Assertion (A) A person claims compensation for his non-gratuitous act.

Reason (R) A person who enjoys benefit from lawful, non-gratuitous act of another must compensate him even though there is no contract.

(a)Both A and R are true but R is the correct explanation of A.

(b) Both A and R are true but R is not the correct explanation of A.

(d) A is false but R is true.

4.(a)

4.Legal Reasoning – Contract – Medium

5.Assertion (A) Austin’s concept of law is known as imperative theory.

Reason (R) Austin emphasized on the commanding character of law.

(a)Both A and R are true but R is the correct explanation of A.

(b) Both A and R are true but R is not the correct explanation of A.

(d) A is false but R is true.

5.(a)

The Concept of Law is the most famous work of the legal philosopher H. L. A. Hart. It was first published in 1961 and develops Hart's theory of legal positivism (the view that laws are rules made by human beings and that there is no inherent or necessary connection between law and morality) within the framework of analytic philosophy. In this work, Hart sets out to write an essay of descriptive sociology and analytical jurisprudence.

5.Legal Awareness - Legal Maxims – Medium

6. The following are enshrined in the Preamble of the Constitution of India.

I. Equality of status and of opportunity.

ll. Liberty of thought, expression, belief, faith and worship.

III. Justice-social, economic and political

IV. Fratemity assuring the dignity of the individual.

V. Unity and integrity of the nation.

Which of the following is the correct order in which they appear in the Preamble?

(a)V-I-II-IV-III (b) III-II-I-IV-V

(c)III-I-II-V-IV (d) I-II-IV-III-V

6.(b)

6.Legal Awareness – Constitution – Medium

7.Consider the following statements

I. In a Supreme Court verdict pronounced by Justice Markandeya Katju and Justice Gyan Sudha Mishra, the court upheld the constitutionality of the Haj subsidy.

II. Muslims are not the only beneficiaries of the secular state's generosity. Hindus have also received substantial financial support from the Government.

With reference to the statements mentioned above, which of the following is correct?

(a) Only l (b) Only II

7.(d)

7.Legal Awareness - Important Indian Acts – Medium

8.The Right to Equality is guaranteed by

(a) Article 14 to 18(b) Article 14

8.(a)

8.Legal Awareness – Constitution – Medium

9.No suit for recovery of possession may be instituted under Section 6 of Specific Relief Act

(a)against Government(b)against a Public Company

(c)against a Private Company(d)against all of the above

9.(a)

9.Legal Awareness - Important Indian Acts – Medium

10.The Transfer of Property Act, 1882 covers

(a)movable property(b)immovable property

(c)Both (a) and (b)(d)None of the above

10.(d)

10.Legal Awareness - Important Indian Acts – Medium

11.The State shall endeavour to provide early childhood care and education for all children until they complete the age of Fourteen years. This provision is made in the Constitution 86th Amendment in

(a)Article 45 of the Constitution(b)Article 245 of the Constitution

(c)Article 345 of the Constitution(d)Article 145 of the Constitution

11.(a)

11.Legal Awareness – Constitution – Easy

12.Nemo debet . . . . . .pro una . . . . . .Causa.

(a) vinculo, non (b) bis vexari, eadem (c) mensa, et(d) debet, et

12.(b)

12.Legal Awareness - Legal Terms – Easy

13.Which Section of the Indian Evidence Act is not on 'shifting of burden of proof'?

(a) Section 101(b) Section 102(c) Section 105(d) Section 108

13.(a)

13.Legal Awareness - Important Indian Acts – Easy

14.What are the wife's rights when husband does not pay the dower?

(a)Refuse consummation

(b)File suit for recovery of dower

(c)Keep possession over dead husband's property

(d)All of the above

14.(d)

14.Legal Awareness - Important Indian Acts – Easy

15.. . . . . . cogit ad impossibilia.

(a) Lex non(b) Debet bis(c) Finis litium(d) Juris non

15.(a)

15.Legal Awareness - Legal Terms – Easy

16.Which one of the following is not a document under the Indian Evidence Act?

(a)An inscription on a stone of a building

(b)A photograph

(c)A printout of a message sent through mobile or computer

(d)A knife recovered by police from the possession of an accused and produced in the court

16.(d)

16.Legal Awareness - Important Indian Acts – Medium

17.A Sunni Muslim performs marriage during the period of ‘Iddat’, the marriage is

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

17.(c)

17.Legal Awareness – Legal Maxims – Easy

18.. . . . . . sine qua non

(a) bonus judex (b)volenti fit (c) causa(d)verve non

18.(c)

18.Legal Awareness - Legal Terms – Easy

19.Which Provisions of the Transfer of Property Act defines 'lease'?

(a) Section 105(b) Section 106(c) Section 107(d) Section 108

19.(a)

19.Legal Awareness - Important Indian Acts – Medium

20.Z is carried off by a tiger. X fires at the tiger, knowing that the shot might kill Z, but with no intention to kill Z and in good faith trying to save Z. X's shot, however, gives Z a mortal wound. Choose the correct option.

(a) X has committed an offence of a grievous nature

(b) X has no moral duty to save Z therefore, he can be held liable k

(d) None of the above

20.(c)

20.Legal Awareness - Important Indian Acts – Medium

21.Ratio decidendi means

(a)a judicial decision

(b)part of the judgement which possesses authority

(c)any observation made by the court which goes beyond the requirement of the case

(d)an observation made by a judge

21.(c)

21.Legal Awareness - Legal Terms – Easy

22.X, the servant of V, takes a hundred rupee note from V's pocket and hides it under the carpet in the house of Y. X tells Z another servant of V, about the currency note and both agree to share the money. But the currency note is taken by K from the hiding place before X could recover the note, it was found by Y, Decide if an offence was committed and if so who committed the offence?

(a)No offence was committed

(b)Only X committed the offence

(c)Both X and K committed the offence

(d)Only Z committed the offence

22.(b)

22.Legal Awareness - Important Indian Acts – Medium

23.In a criminal case, an accused person, who in consideration of his non-prosecution offers to given evidence against other accused, is called

(a)accomplice(b)hostile witness

(c)approve(d)hostile accomplice

23.(a)

23.20.Legal Awareness - Important Indian Acts – Medium

24.RTI stands for

(a)Revenue Transactions in India

(b)Research and Technology Institute

(c)Rural and Transparency Infrastructure

(d)Right to information

24.(b)

18.Legal Awareness – Legal Term – Easy

25.Jurisdiction to grant anticipatory bail under section 438 of vests with;

(a)The Court of Sessions and the High Court

(b)The High Court

(c)The Court of Sessions

(d)The Court of Magistrate

25.(c)

25.Legal Awareness - Constitution– Medium

Problem (Q. Nos. 26 to 30)

Rule

A.An owner of land has the right to use the land in any manner he or she desires. The owner of land also owns the space above and the depths below it

B.Rights above the land extend only to the point they are essential to any use or enjoyment of land

C.An owner cannot claim infringement of her property right if the space above his or her land is put to reasonable use by someone else at a height at which the owner would have no reasonable use of it and it does not affect the reasonable enjoyment of his or her land

Ramesh's case : Ramesh owns an acre of land on the outskirts of Sullurpeta, Andhra Pradesh. The Government of India launches its satellites into space frequently from Sriharikota, near Sullurpeta. The Government of India does not deny that once the satellite launch has travelled the distance of almost 7000 km it passes over Ramesh's property. Ramesh files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 km directly above it.

26.Applying only Rule A to Ramesh's case, as a judge you would decide

(a)In favour of the Government of India because the transgression was at a height at which Ramesh could not possibly have any use for

(b)That ownership of land does not mean that the owner's right extends infinitely into space above the land

(c)In favour of Ramesh because he has the right to infinite space above the land he owns

(d)In favour of the Government of India because it would lead to the absurd result that Ramesh and most other property owners would have a claim against airline companies and other countries of the world whose satellites orbit the earth

26.(c)

Shazia's case Shazia owns a single storeyed house in Ahmedabad which has been in her family for more than 75 yr. The foundation of the house cannot support another floor and Shazia has no intension of demolishing her family home to construct a bigger building.

Javed and Sandeep are business partners and own three storey houses on either side of Shazia's house. Javed and Sandeep are also Ahmedabad's main distributors for a major soft drinks company. They have erected a huge hoarding advertising their products, with the ends supported on their roofs but the hoarding also passes over Shazia's house at 70 feet and casts a permanent shadow on her terrace. Shazia decides to hoist a huge Indian flag, going up to 75 feet, on her roof. She files a case, asking the court to order Javed and Sandeep to remove the hoarding for all these reasons.

27.Applying only Rule B to Shazia's case, you would decide in favour of

(a)Javed and Sandeep because Shazia can easily hoist a flag below 70 feet

(b)Shazia because she has the right to put her land to any use and the court cannot go into her intentions for hoisting a flag at 75 feet

(c)Shazia because she has the absolute right to the space above her land

(d)Javed and Sandeep because hoisting a flag 75 feet above one's roof is not essential to the use and enjoyment of the land

27.(b)

28.Applying only Rules A and B to Shazia's case, you would decide

(a)in favour of Shazia only under Rule A

(b)in favour of Shazia under Rule A as well as B

(c)against Shazia under Rule B

(d)against Shazia under Rule A as well as B

28.(b)

29.Applying only Rule B and C to Ramesh's case, you would decide

(a)in favour of Ramesh only under Rule B

(b)in favour of Ramesh under Rule B as well as C

(c)against Ramesh under Rule C

(d)against Ramesh under Rule B as well as C

29.(d)

30.Applying Rule C to Shazia's case, you would decide

(a)in her favour because hoisting a 75 feet high flag is reasonable

(b)against her because hoisting a 75 feet high flag is not reasonable

(c)against her because the hoarding is a reasonable use of the space above her land

(d)in her favour because the permanent shadow cast by the hoarding affects the reasonable enjoyment of her land

30.(d)

26-30.Legal Awareness - Important Indian Acts – Medium

31.Principle : : Murder — Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death.

Facts : : A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.

(a)A has no intention

(b)It is culpable Homicide

(c)the offence committed by A, is culpable homicide not amounting to murder

(d)A commits murder

31.(d)

31.Legal Reasoning - Criminal Law – Medium

32.Principle If a person transfers movable or immovable property with its full ownership and without any consideration to some other person, then it is called a gift.

Facts S, who has no child of his own, makes a gift of his house worth Rs. 25 lakh to his nephew R. After completing all the legal formalities required for a valid gift, S says to R that in case of need R will provide that house to S for use without any questions. R does not react to it. After one year of this gift, S really needs that house and request R to make the house available to him, but R refuses to do so.

(a)R cannot refuse as he got the house without paying any consideration for that

(b)R cannot refuse as S is without children

(c)R can refuse as he has become full owner of the house

(d)R can refuse as he himself may be in need of that house

32.(c)

According to the principle given, when a person transfers property with its full ownership and without any consideration to some other person, then it is called a gift. In this case R can refuse, because he is the full owner of the house which he received as a gift from S after completing all the legal formalities.

32.Legal Reasoning - Law of Torts – Medium

33.Principle An agreement to do an act impossible in itself cannot be enforced by a court of law.

Facts Ramesh agrees with his girl friend Shilpa to pluck stars from the sky through his extraordinary will power and bring them down on Earth for her within a week. After the expiry of one week, Shilpa filed a suit for damages against Ramesh, for the breach of contract as Ramesh failed to perform his promise.

(a)Shilpa can succeed in getting damages as Ramesh has deceived her

(b)Ramesh cannot be held liable as he honestly believes that his love for Shilpa is true and therefore, he will succeed in his endeavour

(c)The court cannot entertain such suits as the act promised under the agreement is impossible in itself

(d)Ramesh can be held liable for making an absurd promise

33.(c)

The principle given in this case is same as section 56 of the Indian Contract Act, 1872, which states that agreement to do impossible act is void. In this case Ramesh promised to Shilpa that he will pluck stars from the sky and bring them down on earth for her within a week, so it is an act which is impossible, so the contract is void.

33.Legal Reasoning - Contract Law – Difficult

34.Principle : : Wrongful restraint- Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.

Facts : : Abstructs a path along which Z has a right to pass. A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.

(a)A obstructs a path(b)Z has no right to pass

(c)A wrongfully seatrains Z(d)A not obstruct the path

34.(c)

34.Legal Reasoning - Law of Torts – Medium

35.Principle An agreement may be oral or written. However, if a law specifically requires that an agreement must be in writing, then the agreement must be in writing. A law specifically requires that the agreements relating to transfer of the copyright in novel between an author of a novel and the producer of a motion picture must be in writing.

Facts The author of a novel, Love at Lost Sight, had several rounds of discussion with a producer of motion picture regarding making of a motion picture based on Love at Lost Sight. During the last discussion, they decided to make a motion picture on Love at Lost Sight. The producer made a motion picture or Love at Lost Sight after making a payment of Rs. 1000000 (ten Lakh only) in cash to the author, which happily accepted this amount as full and final payment. Later on, on the advice of his lawyer, the author brought a case in a court of law against the producer on the ground that there is no written agreement between the producer and him.

(a)The author is likely to succeed in the case as the agreement is not in accordance with the law

(b)The author cannot succeed in the case as he has given his consent to the agreement

(c)The author is not likely to succeed in the case because he has already accepted the amount of Rs. 1000000 as full and final payment

(d)The author can succeed in the case as the consideration is not adequate

35.(a)

It is clearly mentioned in the principle, that the agreements relating to transfer of the copyright in novel between an author of a novel and the producer of a motion picture must be in writing. In this case though author accepted Rs. 10 lakh, but the agreement was not in writing according to the provisions of law, which is mandatory in case of transfer of copyright in novel.

35.Legal Reasoning - Contract Law – Difficult

36.Principle : Criminal breach of trust - 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 discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person to do So, commits 'criminal breach of trust'.

Facts : A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriate them to his own use. A has committed criminal breach of trust. Which offence has been done by A?

(a)Criminal intimidation(b)Criminal breach of trust

(c)Criminal misappropriation(d)Dishonest misappropriation

36.(b)

36.Legal Reasoning - Criminal Law – Medium

37.Principle A person is said to be of sound mind for the purpose of making a contract if, at the time, when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interest.

Facts X, who is usually of sound mind but occasionally of unsound mind enters into a contract with Y, when he [X) is of unsound mind. Y came to know about this fact afterwards and now wants to file a suit against X.

(a)X cannot enter into contract because he is of unsound mind, when he entered into contract

(b)X can enter into contract but the burden is on the other party to prove that he was of unsound mind at the time of contract

(c)X can enter into contract but the burden is on X to prove that he was of sound mind at the time of contract

(d)None of the above

37.(a)

According to the principle, a person is said to be of sound mind for the purpose of making a contract, if he is capable of understanding it and of forming a rational judgment, in this case X is usually of sound mind but occasionally of unsound mind enters into a contract with y when he (X) is of unsound mind. So, according to the principle X is not competent to enter into a contract with Y, because of unsoundness of mind.

37.Legal Reasoning - Contract Law – Difficult

38.Principle : Extortion - Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person to put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits 'extortion'.

Facts : A threatens Z that he will keep Z's child in wrongful confinement, unless Z will sign and deliver to A, a promissory note binding Z to certain monies to A. Z signs and delivers the note. A has committed extortion.

Whether the offence is

(a)extortion(b)theft

(c)wrongful confinement(d)criminal misappropriation

38.(a)

38.Legal Reasoning - Criminal Law – Medium

39.Principle Whosoever commits any act forbidden by the Indian Penal Code with a view to obtain the consent of any person to enter into an agreement, he cannot get the agreement enforced by law but the person, whose consent has been so obtained may get the agreement enforced by law. The Indian Penal Code defines various offences and prescribes punishments therefore.

Facts A obtains the consent of B to enter into an agreement by an act amounting to criminal intimidation under the Indian Penal Code. A brings a case against B for performance of agreement

(a) A will succeed in the case(b) A may succeed in the case

39.(c)

As per the legal principle given in this question, whoever commits any act forbidden by the IPC with a view to obtain the consent of any person to enter into an agreement, he cannot get the agreement enforced by law but the person whose consent has been so obtained may get the agreement enforced by law. In this case, as A obtained the consent of B by criminal intimidation under IPC, A cannot get an agreement enforced by law against B, so B will succeed in the case.

39.Legal Reasoning - Contract Law – Medium

40.Principle : Whoever by becoming any person fraudulently or dishonestly induces the person so deceived to deliver any property to any person or to consent that any person shall retain any property or intentionally induces the person to deceived to do or on it to anything which he would not do or omit to do if he were not so deceived and which act or omission causes or is likely to cause damage or harm to that person body mind, reputation or property is said to cheat.

Facts : A intentionally deceives Z into a belief that A means to deliver to Z certain quantity of indigo plant which he dose not intended to deliver and thereby dishonestly induces Z to give him advance money upon the faith of such delivery. Here

(a)A attempts to cheat Z(b)A cheats B

(c)A might deliver indigo plant latter on(d)A commits no offence

40.(b)

40.Legal Reasoning - Law of Torts – Medium

41.Principle A contract between the father and his son is a contract of utmost good faith. In such a type of contract law presumes that at the time of entering into the contract the father was in a position to dominate the will of his son. Where one of the parties was in position to dominate the will of the other party, the contract is enforceable only at the option of the party whose will was so dominated.

Facts Ram had advanced a sum of Rs. 10000 to his minor son Shyam. When Shyam became major, his father Ram misused his parental position and entered into an agreement with Shyam and obtained a bond from him for a sum of Rs. 30000 in respect of the advance. Whether this agreement is enforceable?

(a)The agreement is enforceable against Shyam only for 110000, the actual amount of money advanced to him

(b)The agreement is enforceable against Shyam for Rs. 30000 because he has signed the bond

(c)The agreement is enforceable against Shyam because he was major at the time of agreement

(d)The agreement is not enforceable against Shyam because Ram has misused his position as father to obtain an unfair advantage

41.(d)

According to the principle, where one of the parties is in a position to dominate the will of the other party, the contract is enforceable only at the option of the party whose will was so dominated. In this case Ram (father) misused his parental position and entered into an agreement with Shyam (son) and obtained a bond from him for a sum of Rs. 30000, so the agreement is not enforceable against Shyam because Ram has misused his position as father. Same principle is given under section 16 of Indian Contract Act, 1872.

41.Legal Reasoning - Contract Law – Medium

42.Principle : Compensation for loss or damage caused by breach of contract - When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of thing from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it.

Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach.

Facts : A contracts to buy of B, at a stated price, 50 mounds of rice, no time being fixed for delivery. A afterwards informs B that he will not accept the rice if tendered to him. B is entitled to receive from A, by way of compensation, the amount, if any, by which the contract price exceeds that which B can obtain for the rice at the time when A informs B that he will not accept it.

In case of breach of contract, compensation can be claimed under Section 73.

(a)for remote consequence of the breach

(b)for the proximate and natural consequences of breach

(c)for indirect consequence of the breach

(d)All of the above

42.(b)

42.Legal Reasoning - Contract Law – Medium

43.Principle : Agreements void for uncertainty - Agreement, the meaning of which is not certain, or not capable of being made certain, is void.

Facts : A agrees to sell B 'a hundred tons of oil’. There is nothing whatever to show what kind of oil was intended. The agreement is void for uncertainty.

Agreements, the meaning of which is not certain of nor capable of being made certain under Section 29 is

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

43.(a)

43.Legal Reasoning - Contract Law – Medium

Directions (Q. Nos. 44 to 45) The following questions Legal Principal.

Principle : Partnership is a relation of the persons who have agreed to shale the profits of business carries in by all of them acting for all. A B C D enter into an agreement to purchasing and selling electronics goods from manufactures and sell the same in retail and share the profits earned. All thing are managed by B and D only. Here

44.(a) B and D are entitled for profits as they are doing all the activities

(b) A and C are liable only for cases of the business

(c)partnership is created

(d)None of the above

45.Which of the following is not an essential requirement for creating a partnership as per Section 4?

(a)Sharing of profits

(b)Sharing of losses

(c)An agreement to carry on a business

(d)Business to be carried by all or any of them acting for all

44.(c)

45.(b)

44-45.Legal Reasoning - Contract Law – Medium

46.Principle : : If it is done with the intention of causing bodily injury to any person and the bodily injury intention to be inflicted in the ordinary course of nature to cause death.

Facts : : A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here, A is guilty of murder, although he may not have intended to cause Z's death.

(a)A is Quilty of murder although he may riot have intended to cause Z's death

(b)A intentionally gives Z a sword-cut

(c)wound sufficient to cause death

(d)All of the above

46.(a)

46.Legal Reasoning - Criminal Law – Medium

47.Principle : : When extortion is robbery - Extortion is 'robbery' if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, then and there to deliver up the thing extorted.

Facts : A meets Z on the high roads, shows a pistol, and demands Z's purse. Z in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery. When extortion becomes robbery, it contains

(a)put a person in fear(b)transfer of property is must

(c)wrongful restraint(d)All of the above

47.(d)

47.Legal Reasoning - Criminal Law – Medium

48.Principle : : Criminal force - Whoever intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.

Facts : A intentionally pull up a woman's veil. Here A intentionally uses force to her, and if he does so without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her.

Whether the offence committed by A is

(a)criminal force(b)criminal intimidation

(c)attempt to murder(d)culpable Homicide

48.(a)

48.Legal Reasoning - Criminal Law – Medium

49.Principle : The abetment of an offence, being an offense, the abetment of such an abetment is also an offence.

Facts : A instigates B to instigate C to murder Z. B accordingly instigates C, a lunatic to murder Z and C commits that offence in consequence of B's instigation.

(a)B is liable to be punished for his offence with the punishment for murder

(b)A instigated B to commit the offence, A is also liable to the same punishment

(c)A is not liable only B is liable for abetment

(d)Both (a) and (b)

49.(d)

49.Legal Reasoning - Criminal Law – Medium

50.Principle : When a person consents to the infliction of some harm upon himself, he has no remedy in tort.

Facts : A person at a motor car race being held on a track owned by the company. During the race there was a collision between two cars. One of which was thrown among the spectator thereby injuring the person. Person filed a suit against the company.

(a)Company is not liable because person impliedly took the risk of injury

(b)Company is not liable because it owned duty of care towards the person

(c)Company is liable

(d)Company is liable because it owned to being of case towards the person

50.(a)

50.Legal Reasoning - Criminal Law – Medium