CLAT 2016


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 141

Principle: An agreement may be entered into orally or in writing, or by conduct.
Facts: 'A' went to the shop of 'B' and picked a toothbrush and gave a cheque of Rupees twenty to 'B' and left the shop.

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Question 142

Principle: Law never enforces an impossible promise.
Facts: 'A' made a promise to 'B' to discover treasure by magic.

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Question 143

Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e., readiness to bear harm.
Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.

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Question 144

I. A person is said to abet the doing of a thing when he instigates any other person to do that thing.
II. Mere acquiescence, however, does not amount to instigation.
Facts: 'A' says to 'B': I am going to kill 'C'." And, 'B' replies: "Do as you wish and take the consequences"; where after 'A' kills 'C'.

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Question 145

I. A servant is one who is employed to do some work for his employ er (master). He is engaged under a contract of service. He works directly under the control and directions of his master.
II. In general, the master is vicariously liable for those torts (wrongful acts) of his servant which are done by the servant in the course of his employment.

Facts: 'M' appointed 'D' exclusively for the purpose of driving his tourist vehicle. 'M' also appointed 'C' exclusively for the purpose of performing the work of a conductor for the tourist
vehicle. During one trip, at the end of the journey, 'C', while 'D' was not on the driver's seat, and apparently for the purpose of turning the vehicle in the right direction for the next journey, drove it through the street at high speed, and negligently injured 'P'.

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For the following questions answer them individually

Question 146

'Alibi' means a plea by an accused person that he -

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Question 147

Under the Constitution of India restriction on freedom of religion cannot be placed on the ground of -

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Question 148

If an authority is holding information about another in a 'fiduciary capacity', the information under the Right to Information Act, 2005 may not be obtainable. 'Fiduciary relationship' is based on:

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Question 149

Which one of the following is not a Directive Principle of State Policy under Part IV of the Constitution of India?

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Question 150

'Audi alteram partem' means:

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