CLAT 2014

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 closely 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 a used by the fight.

Which of the following derivations is CORRECT?

PRINCIPLE: The Constitution of India guarantees the 'right to life', which means 'right to live with human dignity'. The right to life under the Constitution, however, does not include the right to die.

FACTS: 'M', who is 90, lives all alone as he has no family or children or grandchildren. He suffers from physical and mental distress, as there is no one to look after him. He has little means to foot his medical expenses. Under these circumstances, he approaches the court with a prayer that he should be granted the right to die with dignity because he does not want to be a burden on the society. Further, as it is his life, he has a right to put an end to it.
Which of the following derivations is CORRECT?

PRINCIPLE: Trespass to land means direct interference with the possession of land without lawful justification. Trespass could be committed either by a person himself entering the land of another person or doing the same through some tangible object(s).

FACTS: 'A' throws some stones upon his neighbour's (B's) premises.
Which of the following derivations is CORRECT?

PRINCIPLE: Nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. If the interference is 'direct', the wrong is trespass; whereas, if the interference is 'consequential', it amounts to nuisance.

FACTS: 'A' plants a tree on his land. However, he allows its branches to project over the land of 'B'.
Which of the following derivations is CORRECT?

PRINCIPLE: Interference with another's goods in such a way as to deny the latter's title to the goods amounts to conversion, 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 intends 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 bicycles 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?

PRINCIPLE: Nothing is an offence which is done by a person who is bound by law to do it.
FACTS: 'A', a police officer, without warrant, apprehends 'Z', who has committed murder.

PRINCIPLE: When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done, by him alone.

FACTS: Roshan along with two of his friends, Tushar and Tarang proceeded to the house of Darshan in order to avenge an insult made by the brother of Darshan. They opened fire on the members of Darshan's family. It was found that the shots of Roshan did not hit anyone, but the shots of Tushar and Tarang succeeded in killing Darshan.

PRINCIPLE: No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.
FACTS: 'A', a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock.

PRINCIPLE: Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, has committed a punishable offence of furnishing false information.

FACTS: Sawant, a landholder, knowing of the commission of a murder within the limits of his estate, willfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake.

PRINCIPLE: Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, 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.