CLAT 2014

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?

PRINCIPLE: A person has no legal remedy for an injury caused by an act to which he has consented.

FACTS: 'R', a cricket enthusiast, purchases a ticket to watch a T20 match organised by the Indian Premier League (IPL). During the match, a ball struck for six hits 'R' on his body and injures him. He sues IPL for compensation for the medical expenses.
Which of the following derivations is CORRECT?

PRINCIPLE: Ignorance of law excuses no one.

FACTS: 'X' fails to file his income tax returns for a considerable number of years. The Income Tax department serves upon him a 'show-cause notice' as to why proceedings should not be initiated against him for the recovery of the income tax due from him with interest and penalty.
Which of the following derivations is CORRECT?

PRINCIPLE: Damage without the violation of a legal right is not actionable in a court of law. If the interference with the rights of another person is not unlawful or unauthorized, but a necessary consequence of the exercise of defendant's own lawful rights, no action should lie.

FACTS: There was an established school ('ES') in a particular locality. Subsequently, a new school ('NS') was set up in the same locality, which charged lower fees, on account of which people started patronising the new school. Because of the competition, 'ES' had to reduce its fees. 'ES' filed a case against 'NS' saying that 'NS' had caused it ('ES') financial loss and, thus, claimed compensation.
Which of the following derivations is CORRECT?

PRINCIPLE: Whenever there is an invasion of a legal right, the person in whom the right is vested, is entitled to bring an action though he has suffered no actual loss or harm, and may recover damages (compensation).

FACTS: 'A' was a qualified voter for the Lok Sabha election. However, a returning officer wrongfully refused to take A's vote. In spite of such wrongful refusal, the candidate, for whom 'A' wanted to vote, won the election. But, 'A' brought an action for damages:
Which of the following derivations is CORRECT?

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 T', 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?

PRINCIPLE: A gift comprising both existing and future property is void as to the latter.

FACTS: 'X' has a house which is owned by him. He contracted to purchase a plot of land adjacent to the said house, but the sale (of the plot of land) in his favour is yet to be completed. He makes a gift of both the properties (house and land) to 'Y'.
Under the afore-mentioned circumstances, which of the following derivations is CORRECT?

PRINCIPLE: Caveat emptor, i.e, 'let the buyer beware' stands for the practical skill and judgment of the buyer in his choice of goods for purchase. It is the business of the buyer to judge for himself that what he buys has its use and worth for him. Once bought, and if the buy is not up to his expectations, then he alone is to blame and no one else.

FACTS: For the purpose of making uniform for the employees. 'A' bought dark blue coloured cloth from 'B', but did not disclose to the seller ('B') the specific purpose of the said purchase. When uniforms were prepared and used by the employees, the cloth was found unfit. However, the cloth was fit for a variety of other purposes (such as, making caps, boots and carriage lining, etc.). Applying the afore-stated principle, which of the following derivations is
CORRECT as regards remedy available to 'A' in the given situation?

PRINCIPLE: The transferor of goods cannot pass a better title than what he himself possesses.
FACTS: 'X' sells a stolen bike to 'Y'. 'Y' buys it in good faith. As regards the title to bike,
which of the following derivations is CORRECT?

PRINCIPLE: Negligence is a breach of duty or a failure of one party to exercise the standard of care required by law, resulting in damage to the party to whom the duty was owed. A plaintiff can take civil action against the respondent, if the respondent's negligence causes the plaintiff injury or loss of property.

FACTS: 'V went to a cafe and ordered and paid for a tin/can of soft drink. The tin was opaque, and, therefore, the contents could not be seen from outside. She ('D') consumed some of the contents and then lifted the tin to pour the remainder of the content into a tumbler. The remains of a snail in decomposed state dropped out of the tin into the tumbler. 'D' later complained of a stomach pain and her doctor diagnosed her as having gastroenteritis and being in a state of severe shock. She sued the manufacturer of the drink for negligence. Applying the afore-stated principle, which of the following derivations is

CORRECT as regards liability of the manufacturer in the given situation?