Practice Questions For CLAT Subject Legal Aptitude (Worksheet-4)

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Legal Aptitude Worksheet-04 With Detail Solutions

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LEGAL APTITUDE

1.administrator ad . . . . . .

(a) bonis(b) litem(c) ancillary(d) uitam

1.(b)

A person appointed by the court to represent the interests of an estate in an action. Such an appointment is usually made because the estate has no administrator or because the current administrator has interests in the action that conflict with those of the estate.

2. ad . . . . . . Temporis.

(a) questiones(b) punctum(c) potest in(d) naturam

2.(b)

3.autre . . . . . . acquit/convict

(a) valet in lege(b) fois(c) animus(d) ut quod

3.(b)

1-3.Legal Awareness - Legal Terms – Easy

4.Which of the following are liable under Section 125(1)(d) of the Code of Criminal Procedure for payment of maintenance to their parents, who are unable to maintain themselves?

(a)Sons only(b)Daughters only

(c)Sons and daughters both(d)None of the above

4.(c)

4.Legal Awareness – Constitution – Medium

5.The main aim of the competition Act 2002 is to protect the Interests of

(a)the multinational corporation(b)the Indian companies

(c)the consumers(d)the market

5.(d)

5.Legal Awareness – Constitution – Easy

6.Assertion (A) The state shall not make any law, which takes away or abridges the rights conferred by Part III (Fundamental Rights) and any law made in contravention of this clause shall, to the extent of the contravention, be void.

Reason (R) The Fundamental Rights are the rights reserved by the people and for this reason they are external and sacrosanct.

6.(a)

6.Legal Awareness - Important Indian Acts – Medium

7.Assertion (A) If the budget presented to the Rajya Sabha is not passed in the stipulated period, the budget proposals are not affected.

Reason (R) The Lok Sabha is more powerful, in financial matters, than the Rajya Sabha.

7.(a)

7.Legal Awareness – Constitution – Easy

8.Assertion (A) During inflation, there is increase in money supply and rise in price level.

Reason (R) The rise in prices is due to shortage in supply of essential consumer goods.

8.(b)

8.Legal Awareness - Important Indian Acts – Easy

9.Assertion (A) X and Y independently entertained the idea to kill Z. Accordingly; each of them separately inflicted wounds on Z who died as a consequence. X and Y are liable for murder under Section-341 of the IPC.

Reason (R) When a criminal act is done by several persons in furtherance of common intention of all, each of such persons is liable as if the whole act was done by him alone.

9.(d)

9.Legal Awareness – Constitution – Medium

10.Assertion (A) For an agreement to be contract the consent must be free

Reason (R) Consent is said to be free where it is not caused by fraud misrepresentation,, mistake coercion or undue influence

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

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

(c)A is true R is false

(d)R is true A is false

10.(b)

10.Legal Awareness - Important Indian Acts – Medium

11.Which one of the following statements is correct?

Right to free and compulsory education for all children of the age of 6 to 14 yr is

(a) a fundamental right enforceable in law

(b) a fundamental duty

(d) a Fundamental Right which, however can be enforced only if the state makes an enabling legislation

11.(d)

11.Legal Awareness - Important Indian Acts – Medium

12.Ramu applied for the post of director in an organization. The governing body of the organization passed a resolution appointing him to the post. After the meeting, one of the members of the governing body informed him privately of the resolution. Subsequently, the resolution was rescinded. Ramu claims damages, which one of the following is the correct legal proposition in the case?

(a) Ramu cannot claim damages as he had not resigned, from his existing post in anticipation of getting the appointment letter

(b) Ramu cannot claim damages as there was no formal communication

(d) Ramu can claim damages as there was private communication

12.(b)

12.Legal Awareness - Important Indian Acts – Medium

13.Ms Usha wants to title a suit against Bhagyalaxmi Theatre praying for a permanent injunction (stay order) restraining the theatre from running the film named “Jai Santoshi Maa”. Her contention is that the film hurt her religious feelings and sentiments as Goddess Saraswati, Laxmi and Parvati were depicted as jealous and were ridiculed.

(a) She cannot file a suit because injury to religious feelings is not a legally recognized right

(b) She cannot file a suit because the theatre has a Fundamental Right to speech and expression

(d) It is a case of complete judicial discretion

13.(d)

13.Legal Awareness - Important Indian Acts – Difficult

14.Y makes an attempt to steal some jewels by breaking open a box and finds, after opening the box, that there is no jewel in it. Choose the appropriate answer.

(a) Y is not guilty of attempt to theft because the box was empty

(b) Y is guilty of attempt to commit theft

(d) Y is not guilty of any offence

14.(b)

14.Legal Awareness - Important Indian Acts – Medium

15.Mr Samay was severely hurt while working in his factory and fell unconscious. He was used to a hospital by his fellow workers. In the hospital (at emergency/casualty ward) the doctors opined that he should be operated immediately. While conducting preliminary examinations, he was found to be HIV positive. The doctors are in a dilemma regarding what should they do first

(a) doctors should operate first

(b) doctors should inform his family members

(d) doctors should not inform anyone because it would violate patient's right of privacy

15.(a)

15.Legal Awareness - Important Indian Acts – Medium

Problem (Q. Nos. 16 to 18)

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.

16.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

17.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

18.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

16.(b)

17.(b)

18.(a)

16-18.Legal Awareness - Important Indian Acts – Medium

Problem (Q. Nos. 19 to 23)

Rules

A.The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation or any other status.

B.Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favourably than another person or another group of persons in a comparable situation.

C.Indirect discrimination occurs when a provision, criterion or practice which is neutral on the face of it would have the effect of putting persons having a status or a characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons.

D.Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.

Facts

On 2nd October 2010, the Governor of the state of Bihar ordered the release of all women prisoners who were serving sentence of less than one year imprisonment to mark the occasion of Mahatma Gandhi's birthday.

19.Which of the following is correct with respect to the Governor's order?

(a)It discriminates directly on the ground of sex

(b)It discriminates indirectly on the ground of sex

(c)It does not discriminate on the ground of sex

(d)It discriminates directly as well as indirectly on the ground of sex

20.Is the governor's order justified under Rule D?

(a)Yes, because it is for the well-being of women prisoners

(b)No, because it is not absolutely necessary for the well-being of women prisoners

(c)No, because it does not promote the well-being of women prisoners or the society

(d)None of the above

21.Assume that the Governor also made a second order requiring the release of all persons under the age of 25 and over the age of 65 who were serving a sentence of less than one year's imprisonment. Under the Rules, this order is

(a)Directly discriminatory(b)Indirectly discriminatory

(c)Not discriminatory(d)Discriminatory, but justifiable

22.Assume further that the government made a third order, releasing all graduate prisoners who are serving a sentence of less than one year's imprisonment. Which of the following statistics would have to be true for this order to be indirectly discriminatory?

(a)Only 13% of the prison population in Bihar have a graduation degree

(b)Of the graduate prisoners, 89% belong to upper castes

(c)Only 25% women in Bihar get a graduation degree

(d)All of the above

Rule

E.A discriminatory act shall be justified if its effect is to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.

23.Would the first order of release of all women prisoners be justified under Rule E?

(a)Yes, because it promotes the well-being of women

(b)No, because it does not promote the well-being of women prisoners

(c)No, because it does not promote the well-being of all disadvantaged groups equally

(d)None of the above

19.(a)

20.(c)

21.(a)

22.(b)

23.(b)

19-23.Legal Awareness - Important Indian Acts – Medium

24.Principle : The sharing of profits or of gross returns arising from property by persons holding a joint or common interest in that property does not in itself make such persons partners.

The receipt by a person of a share of the profits of a business, or of a payment contingent upon the earning of profits or varying with the profits earned by a business, does not of itself make him a partner with the persons carrying on the business.

Which of the following in itself is not sufficient to constitute-a partnership?

(a)the sharing of profits by persons having a joint or common interest.

(b)the receipt by a person of a share of the profits.

(c)the receipt by a person of a payment varying with the profits earned by a business

(d)All of the above

24.(d)

24.Legal Reasoning - Contract Law – Medium

25. Principle When two or more persons agree to do or cause to be done, (1) an illegal act or (2) an act which is not illegal by illegal means, through such an agreement such persons are said to have been engaged in a criminal conspiracy to commit an offence. It is said that no consummation of the crime need be achieved or even attempted.

Facts 'X', T and ‘Z’ plan to kill 'D’ they agree that only one among them, that is Z will execute the plan. In pursuance of it ‘Z' buys a gun and loads it.

(a)Only 'Z' can be charged with criminal conspiracy to kill 'D'

(b)All of them, i.e. X, T and Z' can be charged with criminal conspiracy to kill 'D'

(c)'X' and T cannot be charged with criminal conspiracy to kill 'D'

(d)None of them can be charged with criminal conspiracy to kill 'D'

25.(b)

According to Section 120-A of the Indian Penal Code 1860 When two or more persons agree to do, or cause to be done, an illegal act, or an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy.

It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. In the given scenario, all i.e., X, Y and Z can be charged with criminal conspiracy to kill D.

25.Legal Reasoning - Criminal Law – Difficult

26.Principle : Acceptance must be absolute - In order to convert a proposal into a promise the acceptance must

(1)be absolute and unqualified

(2)be expressed in some usual 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.

In order to convert a proposal into a promise the acceptance must be

(a)absolute and unqualified.

(b)expressed in usual and reasonable manner.

(c)If the proposal prescribes a manners in which is to be accepted, must be accepted, in such manner.

(d)All of the above

26.(d)

26.Legal Reasoning - Contract Law – Medium

27.Principle : Whoever causes death by doing an act with the intention of causing death commits culpable homicide, punishable under Indian Penal Code.

Facts : In this case, there was no previous enmity between the accused and deceased. There was a scuffle and sudden quarrel that preceded the occurrence. The accused along with other inflicted two injuries on the head and some bruises on other part of the body of deceased by a ringed stick and on ordinary stick. Medical report said that the injury was sufficient in the ordinary course of nature to cause death. Decide

(a)culpable homicide is murder if the act by which the death is caused is done with the intention of causing death or

(b)if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused or

(c)if it is done with the, intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death or

(d)if the person, committing the act knows that it is so imminently dangerous that it must, in all probability cause death or

27.(d)

27.Legal Reasoning - Criminal Law – Medium

28.Principle ‘Wrongful gain’ is gain by unlawful means of property to which the person gaining is not legally entitled. 'Wrongful loss' is the loss by unlawful means of property to which the person losing it is legally entitled.

Facts 'X' takes away Y's watch out of Y's possession, without Y's consent and with the intention of keeping it.

(a)'X' causes 'wrongful gain' to T(b)T causes 'wrongful gain' to 'X'

(c)'X' causes 'wrongful loss to ‘Y’(d)T causes 'wrongful loss' to 'X'

28. (c)

Section 23 of the Indian Penal Code, defines ‘Wrongful loss’, it is the loss by unlawful means of property to which the person losing it is legally entitled. In the given case, as X takes Y's watch out of Y's possession, without his consent and with the intention of retaining it, X causes wrongful loss to Y.

28.Legal Reasoning - Law of Torts – Medium

29.Principle : ‘Contingent contract’ defined - A ‘contingent contract’ is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen.

Facts : A contract to pay to B Rs. 10000 if B's house is burnt. This is a contingent contract.

A contract based on the happening or non-happening of a future event under Section 31 is called

(a)a contingent contract.

(b)a contract marked with uncertainty and hence void

(c)a wagering contract

(d)None of the above

29.(a)

29.Legal Reasoning - Contract Law – Medium

30. Principle Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.

Facts 'X' takes a plain sheet of paper from Y's drawer without Y's consent to write a letter to his friend.

(a)‘X’ has committed an offence in the above context

(b)'X' has committed no offence in the above context

(c)T can sue 'X' for an offence in the above context

(d)None of the above

30.(b)

Section 95 of the Indian Penal Code deals with the trivial matter. According to it, nothing is an offence, if the harm caused is so slight that no person of ordinary sense and temper would complain of such harm.

In the given situation, X by taking a sheet of paper from Y's drawer without Y's consent has not committed any offence. So, it comes under the general exceptions of the Indian penal code.

30.Legal Reasoning - Criminal Law – Medium

31.Such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid

Principle : Theft is the dishonest moving of property with the intention of taking it out for the person's possession without his consent.

Facts : A gives the woolen coat to Dry Cleaner along with his wife's sarees for the purpose of dry cleaning. He is told to collect the clothes after two days. When he comes after two days, he finds that he does not have enough money to pay to the Dry Cleaners. But since due to the winter, he needs the coats descriptively, he immediately placed the coat near his goods so that he can quickly take it without the knowledge of the drycleaner.

(a)A is guilty of theft

(b)A is not guilty of theft

(c)A is not guilty of theft but has to pay compensation to the Dry Cleaners

(d)None of the above

31.(a)

31.Legal Reasoning - Criminal Law – Medium

32.Principle : : Attempt to commit culpable homicide - 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 of culpable homicide not amounting to murder, shall be punished with imprisonment of description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Facts : A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has committed the- offence defined in this section.

Which offence has committed by A?

(a)Murder(b)Culpable Homicide not amounting to murder

(c)Attempt to commit culpable homicide(d)Attempt to murder

32.(c)

32.Legal Reasoning - Criminal Law – Medium

33.Principle : ‘Continuing guarantee’ A guarantee which extend to a series of transactions, is called a ‘continuing guarantee’.

Facts : A, inconsideration that B will employ C in collecting the rents of B's zamindari, promises B to be responsible, to the amount of Rs. 5000, for the due collection and payment by C of those rents. This is a continuing guarantee. A continuing guarantee applies to

(a)a specific transaction(b)a specific number of transactions

(c)any number of transactions(d)reasonable number of transaction

33.(a)

33.Legal Reasoning - Contract Law – Medium

34.Principle When an act which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.

Facts ‘X’ under the influence of madness, attempts to kill 'V'.

(a) ' Y' has the right of private defence against X

(b) 'Y' does not have the right of private defence against 'X'

(d) 'X' has the right of private defence against Y

34.(a)

According to the provisions given in Section 98 of the Indian Penal Code, in the given situation Y has the right of private defence against X, because every person has the same right of private defence against that act which he would have if the act were that offence.

34.Legal Reasoning - Criminal Law – Medium

35.Principle Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.

Facts Ram is a supplier of electric goods. Shyam agrees to buy from Ram some electrical goods. The goods for which Shyam agrees to buy was already sold to another party though neither party was aware of it. Decide, is the agreement between Ram and Shyam void?

(a)Yes, because Ram and Shyam were relatives

(b)Yes, because Ram and Shyam were under a mistake as to matter of fact which is essential to the agreement

(c)No, because Shyam was enforced the goods were already sold

(d)No, because Ram was informed of the fact

35.(b)

35.Legal Reasoning - Contract Law – Medium

36.Principle : Assault - Whoever makes any gesture, or preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault.

Facts : A begins to unloose the puzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.

Whether it is

(a) criminal force (b)criminal assault (c) assault(d) attempt to assault

36.(c)

36.Legal Reasoning - Criminal Law – Medium

37. Principle Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at anytime during which the contract of transfer subsists.

Facts ‘A’, a Hindu who has separated from his father 4B sells to C three fields, X, Y and Z representing that 'A' is authorised to transfer the same. Of these fields 2 does not belong to ‘A’ it having been retained by 'B' on the partition; but on B's dying 'A' as successor obtains Z and at that time 'C' had not cancelled the contract of sale.

(a)'A' can sell Z to a third party(b)'A' is not required to deliver Z to 'C'

(c)A' is required to deliver Z to 'C'(d)None of the above statements

37.(c)

Section 43 of the Transfer of Property Act deals with this situation, which is, transfer by unauthorised person who subsequently acquires interest in property transferred. In the given problem, A is not authorised to transfer Z as it does not belong to him. But after B's death A is the immediate successor and subsequently obtains Z, so he is required to deliver Z to C and he cannot cancel the contract.

37.Legal Reasoning - Contract Law – Medium

38. Principle : : Dishonest misappropriation of property - whoever dishonestly misappropriates to his own use any movable property, shall be punished with imprisonment of either description for a term which extend to two years, or with fine, or with both.

Facts : : A takes property belonging to Z out of Z's possession, in good faith, believing, at any time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section, whether it is

(a)theft(b)extortion

(c)robbery(d)criminal misappropriation

38.(d)

38.Legal Reasoning - Criminal Law – Medium

39. 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

39.(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.

39.Legal Reasoning - Law of Torts – Medium

Directions (Q. Nos. 40 to 41) : The following questions are based on this Legal Principle.

Principle : The conduct of the business - Subjected to contract between the partners

(i)every partner has right to take part in the conduct of the business.

(ii)every partner will attend diligently to his duties in the conduct of the business.

(iii)any difference arising as to ordinary matters connected with the business may be decided by a majority of the partners, and every partner shall have the right to express his opinion, before the matter is decided, but no change may be made in the nature of the business without the consent of all the partners; and

(iv)every partner has a right to have access to and to inspect and copy any of the books of the firm.

Mutual rights and liabilities - Subject to contract between the partners,

(i)a partner is not entitled to receive remuneration for taking part in the conduct of the business.

(ii)the partners are entitled to share equally in the profits earned, and shall conuibute equally to the losses sustained by the firm

(iii)where a partner is entitled to pay interest on the capital subscribed by him such interest shall be payable only out of profit.

(iv)a partner making, for the purposes of the business, any payment or advance beyond the amount of capital has agreed to subscribe, is entitled to interest thereon at the rate of six per cent per annum

(v)the shall indemnify a partner in respect of payments made and liabilities incurred by him

(1) in the ordinary and proper conduct of the business, and

(2) in doing such act, in an emergency, for the purpose of protecting the firm from loss, as would be done by a person of ordinary prudence, in his own case, under similar circumstances; and

(vi)a partner shall indemnify the firm for any loss caused to it by his willful neglect in the conduct of the business of the firm.

40.According to Section 12 of the Partnership Act, what should be the conduct; of the business in a firm?

(a)Every partner has a right to take part in the conduct of the business.

(b)A partner is not entitled to receive remuneration

(c)A partner should indemnify

(d)Partnership at will

41.The partners are entitled to share equally in the profits earned, and shall contribute equally to the lasses sustained by the firm", it covers under

(a)the conduct of the business(b)general duties of partners

(c)mutual rights and liabilities(d)None of the above

40.(c)

41.(d)

40-41.Legal Reasoning - Contract Law – Medium

42.Principle : Right of outgoing partner to carry on competing business- An outgoing partner may carry on a business with that of the firm and he may advertise such business, but, subject to contract to the contrary, he may not

(1)use the firm name

(2)represent himself as carrying on the business of the firm, or

(3)solicit the custom of person who were dealing with the firm before he ceased to be a partner.

Under Sections 36 of the Indian Partnership Act, 1932 the position of an outgoing partner is that

(a)the same as the seller is minor

(b)the same as that the seller is an insolvent

(c)the same as that of a seller of goodwill

(d)carrying on the business of the firm

42.(b)

42.Legal Reasoning - Contract Law – Medium

43.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. 100000 for Rs. 10 to Amar. Is the agreement void?

(a)Yes, because the price is inadequate

(b)No, if Arjun's consent to the agreement was freely given

(c)Yes, if Praveen's consent was not freely given

(d)Both (b) and (c)

43.(b)

43.Legal Reasoning - Contract Law – Medium

44.Principle : Whoever intentionally uses farce 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 caught hold of the hand of a girl in order to entice her as a result of same she frighten and somehow she get released form the hold of A and escaped from there, Here

(a)A is guilty no offence.

(b)A is guilty of attempt to use criminal force.

(c)A is guilty of offence of criminal force.

(d)A could do so as he had permission to do so.

44.(c)

44.Legal Reasoning - Criminal Law – Medium

45.Principle No state has right to injure the interest of the other states.

Facts Torina and Perina are adjoining nations. In Torina, just across the International boundary, a smelting industry is set up. The sulphur fumes discharged by this industry are seriously polluting air near the town Petro in Perina. Perina complains to Torina about the discharge of fumes. The dispute between Torina and Parina is submitted to arbitration for settlement. The following claims are being considered by the arbitrators which do you think is the most reasonable and fair?

(a)Torina is a sovereign and independent state. It may use its territory in whatsoever manner it likes

(b)Torina says Perina will have to suffer from sulpher because it is unavoidable in the industrial area

(c)All states a mast ensure that their territories must be used in such a manner as not to cause injury to the interests of othe states. Hence, Torina must relocate the industry

(d)Perina agrees that Torina may use its territory in whatsoever manner it likes insists that Torina should pay some compensation to Perina for loss they are continually suffering

45.(c)

45.Legal Reasoning - Criminal Law – Medium

46.Principle : If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Facts : There was a dispute between the husband and wife and the husband uttered "You are free to do whatever you wish and go wherever you like'. There after, the wife has committed suicide. Then

(a)It is the case of suicide by the wife.

(b)The wife has abetted by the husband to commit suicide.

(c)That it is not the case where the accused / husband had by his acts or omission created such circumstances that the deceased / wife to commit suicide.

(d)The husband instigate the wife to commit suicide.

46.(c)

46.Legal Reasoning - Criminal Law – Medium

47.Principle : A master is liable for the wrongs committed by the servant in the course of his employment.

Facts : Obalesh works as a clerk in a pharmaceutical company Bio-Pharma Ltd. He is required to take stock of the goods supplied and maintain the accounts of the Company . Ramachandra, a friend of Obalesh, from the neighbouring village, came to meet Obalesh in the office. Since Ramachandra did not have any other acquaintance in the city, he gave to 10000 he had with him, to Obalesh for safe keeping. When Ramachandra returned to the office the next morning to collect the money from Obalesh, he came to know that the latter had disappeared with his money. Ramachandra brings a legal action against Bio-Pharma Ltd. for the recovery of the money.

(a)Rio-Pharma Ltd, would be liable, since Obalesh received the money while being in the office

(b)Bio-Pharma Ltd., would not be liable, as Ramachandra had no business, transactions with the company

(c)Bio-Pharma would not be liable, as safekeeping of money was not part of Obalesh's duty

(d)None of these

47.(d)

47.Legal Reasoning - Law of Torts – Medium

48.Principle : Retirement of a partner - A partner retire

(1)with the consent of all the other partners

(2)in accordance with an express agreement by the partners, or

(3)where the partnership is at will, by giving notice in writing to all the other partners of his intention to retire

A partner in a firm can retire by an express agreement, under Sections 32(1) (a) of the Indian Partnership Act,

(a)all the partners(b)between the partners

(c)between partner and the firm(d)majority of the partners

48.(b)

48.Legal Reasoning - Contract Law – Medium

49.Principle : Application of the property of the firm - Subject to contract between the partners, the property of the firm shall be held and used by the partners exclusively for the purposes of the business.

Section 15 of the Indian Partnership Act says that

(a)the property of the firm can be used by the partners firm only

(b)the property of the firm can be used only for the personal use of the partners.

(c)the property of the firm shall be held and used by the partners exclusively for the purposes of the business.

(d)Both (b) and (c)

49.(c)

49.Legal Reasoning - Contract Law – Medium

50.Principle : Communication is complete - The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. 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 : A proposes, by letter, to sell a house to B at a certain price.

The communication of the proposal is complete when B receives the letter. When the communication of proposal is said to be completed?

(a)When the proposal made

(b)When it is accepted

(c)In the course of transmission

(d)The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.

50.(d)

50.Legal Reasoning - Law of Torts – Medium