CLAT 2016

Principle: Sale of liquor is illegal. All agreements relating to prohibited items do not exist in the eyes of law.
Facts: 'A' entered into an agreement with 'B' for the sale of liquor. 'A' failed to supply the agreed quantity of liquor to 'B'.

Principle: Nothing is an offence which is done by a child under twelve years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.
Facts: Himesh, 11 years old boy, picks up a gold ring worth Rs. 5000/- lying on a table in his friend's house and immediately sells it for Rs 2000/-, and misappropriates the money.

Principle:One who dishonestly misappropriates or converts to his own use or sells any movable property belonging to another, is guilt y of the offence of misappropriation.
Facts: 'A' takes property belonging to 'Z' out of Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, 'A', on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.

Principle: Letters or words not describing quality of things can be registered as a trade mark.
Facts: Ram made an application for registration of alphabet 'B' written in a fancy style as trade mark to be applied on packets and cartons of shoes manufactured by him.

Principle: Defamation is the publication of a statement which tends to lower reputation of a person in the estimation of other members of the society generally.
Facts: 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly to 'B' in a sealed cover.

Principle: Existence of all the alleged facts is relevant, whether they occurred at the same time and place or at different times and places.
Facts: 'A', a citizen of England, is accused of committing murder of 'B' in India by taking part in a conspiracy hatched in England.

Principle: An agreement without free consent can be enforces only at the option of the party whose consent was not free.
Facts: A obtains the consent of 'B' to enter into an agreement by put ting a gun on the head of B's girlfriend.

Principle: Acceptance of proposal must be the exact mirror image of the proposal.
Facts: 'A' made a proposal to 'B' to sell a chair for Rs. 500. 'B' expressed his desire to buy the said chair for Rs. 400.

Principle: Mere silence as to facts likely to affect decision of person to enter into contract isn’t fraud.
Facts: 'A' sells to 'B' (A's daughter who is minor) a horse which 'A' knows to be unsound. 'A' says nothing to 'B' about the unsoundness of the horse.

Principle: A person, who is usually of unsound mind, but occasionally normal, may make a contract when he is not of unsound mind.
Facts: 'A' generally remains in the state of unsound mind and rarely becomes capable of understanding the things.