CLAT 2013

PRINCIPLE: Mere silence as to facts likely to affect the decision of a person to enter into a contract does not amount to fraud, unless his silence is in itself equivalent to speech.

FACTS: A sells to B a horse which A knows to be of unsound mind. B says to A that if A does not say anything about the state of mind of horse, then B shall presume that the horse is of sound mind. A says nothing to B about the mental condition of horse.

PRINCIPLE: Whoever by words, either spoken or written brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India shall be punished. However, comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence.

FACTS: A renowned Professor of Economics wrote a critical comment on the economic policies of the Government of India in a National Daily. This piece of writing generated academic debate not only in the print media but also on television and internet. A student of law asked the fellow Indians on a social networking website to assemble at a particular place for peaceful and silent demonstration against the said economic policies on a stipulated date and time. The crowd assembled at that venue and started shouting antigovernment slogans. Police arrested the professor.

PRINCIPLE: Where two or more persons have made a complaint for the grant of compulsory licence to the Copyright Board, the licence shall be granted to that complainant only who, in the opinion of the Copyright Board, would best serve the interests of the general public.

FACTS: Four persons made a complaint for the grant of compulsory licence to the Copyright Board.

PRINCIPLE: Any police officer, not below the rank of a Sub-Inspector, may, if he is satisfied that an offence in respect of the infringement of copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work and all plates used for the purpose of making infringing copies of the work, wherever found and all copies and plates so seized shall, as soon as practicable, be produced before a Magistrate.

FACTS: A Superintendent of Police (SP) conducted a raid on a shop and found pirated copies of books. The SP formed an opinion that infringement of copyright is taking place. He arrested the shop owner without warrant in the light of above mentioned propositions.

PRINCIPLE: Whoever attempts to commit an offence punishable by the Indian Penal Code and in such attempt does any act towards the commission of the offence, shall be punished. Stealing is an offence punishable by the Indian Penal Code.

FACTS: A makes an attempt to steal some jewels by breaking open a box and after so opening the box, finds that there is no jewel in it.

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

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

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

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

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

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

PRINCIPLE: When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the other party may put an end to the contract.

FACTS: A engaged B on April 12 to enter his service, on June 1, but on May 11, A wrote to B that his services would not be needed. On May 22, B joined C for employment.

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

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