CLAT 2016

Instructions

Follow the instructions carefully and choose the most appropriate option:

In this section consist of legal proposition(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have
to conclusively assume them to be true for the purpose of this section. In other words, in answering the following question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason.

To answer a question, the given principle is to be applied to the given facts so as to arrive at most reasonable conclusion.

Question 111

Principle: Intentional application of force to another person is action able in law.
Facts: 'P' and 'D' are unknown to each other. When 'P' is about to sit on a chair, 'D' intentionally pulls it away as a result of which 'P' falls on the floor and is injured.

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Question 112

Principle:
I. Wagering agreement are void.
II. Collateral agreement to wagering contracts are valid.
Facts: XYZ Bank lends Rs. 40,000 to Sabu in order to enable him to award as prize to Randeep who is the winner of horse race. Later Sabu refused to pay the prize stating that horse racing
is wagering agreement. Can XYZ Bank recover money from Sabu.

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Question 113

Principle: Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so or to provide gratuitously, and such other person takes the benefits of that; the latter is bound to compensate the former for something done or thing provided, or to restore, the thing so delivered.
Facts: Trader 'A' delivers certain eatables at 'B's house by mistake. 'B' consumed the eatables without asking anything. Which of the following derivations is correct?

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Question 114

Principle: Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.
Facts: 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bed room of the house. 'A' sued 'B' for trespass.

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Question 115

Principle: Whoever takes away any moveable thing form the land of any person without that person's consent, he is said to have committed theft.
Facts: During his visit to the house of 'C', 'A' asked 'B' the son of 'C', to accompany 'A' to the forest. Neither 'A' nor 'B' informed 'C' in this regard. 'B' accompanied 'A' to the forest.

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Question 116

Principle: The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.
Facts: 'A' sent a letter making a proposal to 'B' to purchase the house of 'B'.

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Question 117

Principle: Law does not penalize for wrongs which are of trivial nature.
Facts: In the course of a discussion, 'A' threw a file of papers at the t able which touched the hands of 'B'.

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Question 118

Principle: Copyright law protects only work. 'Work' me cinematographic film but does not include performance by an actor in a cinematographic film.
Facts: Alia Bhatt acted in a movie

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Question 119

Principle: Import me bringing some consignment into India from a foreign country.
Facts: A consignment from Sri Lanka entered the territorial waters of India. However, this consignment never crossed the Indian custom barrier nor did it enter into the stream of commerce in India.

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Question 120

Principle: A person is said to have committed assault when an apprehension is caused in the mind of a person that he is about to use physical force against his body.
Facts: 'A' abuses 'B' while he was sitting in a moving train, by aggressively shaking his fists when 'B' was standing on the railway platform at a distance.

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