CLAT 2019 UG

Instructions

This section consists of fifty (50) questions. Each question consists of legal principle(s)
(hereinafter referred to as ‗principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question.The objective of this section is to test your ability in legal aptitude, 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.

Question 131

Principle:An employer is liable for an injury caused to an employee in the course of the employment.
Facts: ‗A‘ and ‗B‘ were working in a factory as unskilled laborers. A was carrying a basket of stones on his head. B was sitting on the ground. When A crossed B, all of a sudden a stone fell down from the basket and hit B on his head. B died instantaneously.

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Question 132

Principle:Damages the money recompense, as far as money can do, for the loss suffered by a person.
Facts: A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voter‘s list. A has also reported at the polling booth in time. However, the candidate in whose favor A would have cast his vote won the election. A filed a suit claiming damages.

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Question 133

Principle:When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the other party shall not put an end to the
contract.
Facts: A engaged B on April 12 to enter his service on June 1, but on May 11, A wrote to B that his services would not be needed. On May 22, B joined C for employment.

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Question 134

Principle:Everyone shall be permitted to take advantage of his own wrong.
Facts: A legatee was heavily drunk and driving his car at a speed of 100 Km/per hour in a crowded market. All of a sudden his testator came on the road. There were other people on the road at that time. The car driven by legatee hit the testator and four other persons. All the five persons hit by the car died.

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Question 135

Principle: Property can be transferred only by a living person to another living person.
Facts: ‗A‘ transfers property of which he is the owner in favor of the unborn child of B.

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Question 136

Principle:An interest created, dependent upon a condition fails, if the fulfillment of the condition is impossible.
Facts: A promises to pay Rs. Ten Lakh to B on condition that he shall marry A‘s daughter C. At the date on which A gave Rs. Ten Lac to B, C was dead.

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Question 137

Principle:A condition must be complied with after the happening of the event to which such a condition is attached.
Facts: A promises to pay Rs. 5,000 to B on the condition that he shall marry with the consent of C, D and E. B marries without the consent of C, D and E, but obtains their consent after the marriage.

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Question 138

Principle:A condition must be complied in order to claim the benefit of an agreement.
Facts: A agrees to transfer a farm to B, if B shall not go to England within three years
after the date of the agreement, his interest in the farm shall cease. B does not go
to England within the term prescribed.

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Question 139

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.

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Question 140

Principle: One who asserts must prove.
Facts: A desires a Court to give judgment that B, C and D shall be punished for a crime which A says B, C and D have committed.

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