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32. Which of the following is not a Fundamental Right in India? (a) Right to Vote (b) Protection Against Self-incrimination (c) Right to Free and Compulsory Education up to age of 14 years (d) Protection Against Ex Post Facto Laws
explanation: the rest are specifically mentioned in the constitution
Directions for Questions 34 and 35: Given below are two statements. One is of Assertion (A) and the other is of Reason (R). Choose the correct alternative.
34. Assertion (A): All contracts are agreements.
Reason (R): An agreement enforceable by law is a contract. (a) Both A and R are true and R is the correct explanation of A (b) Both A and R are true and R is not the correct explanation of A (c) A is true but R is false (d) A is false but R is true
35. Assertion (A): Every contract must be supported with a consideration.
Reason (R): Every contract without a consideration is void. (a) Both A and R are true and R is the correct explanation of A (b) Both A and R are true and R is not the correct explanation of A (c) A is true but R is false (d) A is false but R is true
Instructions for Questions 36 to 43: Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer given below.
36. Legal Principle: A contract obtained by misrepresentation is voidable at the option of the buyer.
Factual Situation: Anand wants to sell his house. Anupama approaches him with an offer to buy the house and Anand shows her the house. The house is not in a very good condition and visibly requires repairs, without which it is uninhabitable. Anand does not tell anything regarding the required repairs to be livable. Anupama purchases the house for a huge consideration. Later on when she wants to move in her things into the house to start living she realizes the heavy repairs that the house requires urgently.
(a) Anupama will not succeed because she has to be careful about what he is purchasing in all circumstances, unless the defects are concealed and cannot be seen or has been hidden
(b) Anupama will succeed because Anand knowingly sold the house and he should have informed - Anupama about the condition of the house.
(c) Anupama will succeed because she would never have purchased the house in case if she was told about the status of the house (d) A buyer always has the option to refuse performance of his part of the contract.
37. Legal Principle: Performance of a legal duty cannot be a consideration for a promise
Factual Situation: ‘A’s wallet is stolen by a thief. ‘A’ lodges a complaint in the police station. ‘A’ promises to pay a sum of Rs. 500 to the person who is able to apprehend the thief and get back his wallet. The policeman’s servant ‘X’ apprehends the thief and gets back the wallet. ‘A’ refuses to pay ‘X’ the promised Rs. 500.
Choose the correct option:
I. The servant is entitled to the reward
II. The policeman would have been entitled to the reward had he been the person to apprehend the thief
III. The policeman would be entitled to the reward even if he had not apprehended the thief
IV. The servant would not be entitled to the reward
(a) I and III (b) I only (c) I, II and IV (d) III only
38. Legal Principle — Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in, is said to commit theft. Whoever commits theft shall be punished with imprisonment which may extend to three years or with fine or with both.
Factual Situation — Raju sees a cell phone belonging to Ram lying on the table in Ram’s house. Raju hides the cell phone in Ram’s house in such a place where Ram could not find it ever, due to the fear of immediate search and detection. Raju did this with the intention of taking away the cell phone from the hidden place when Ram forgets about and then sell it away.
Question — Is Raju guilty of theft? (a) No (b) No, because he merely played a prank with the friend. (c) Yes, because Raju did not inform Ram about the place where he had hidden the cell phone. (d) Yes becayse Raju intended to take the immovable property from Ram’s possession and with this intention he moved the property.
39. Legal Principle — Willful rash driving is an offence.
Factual situation — ‘A’ was driving his car after consuming liquor. The police booked him for willful negligent driving.
Question—Whether the act of police is lawful? (a) No, because ‘A’ was not driving rashly and willfully, but he was driving in drunkness. (b) No, because this is not negligent act. (c) yes, because A was driving rashly. (d) Yes, because the police has power to arrest while driving rashly.
40. Legal Principle — A master will be liable for the wrongful acts of his servants in the course of employment.
Factual situation — Mrs. Nitu, an old woman had an account in a bank. Mr. Robert, her tenant used to collect Rs. 100/- from Mrs. Nitu and deposited it every week in the account of Mrs. Nitu. Mr. Robert got a commission from the bank for depositing that amount every week. After few months of this transaction it was found that Mr. Robert had not deposited the amount for five months in the account and that he had run away with that amount. Mrs. Nitu filed a suit against the bank.
Question — Is the bank liable? (a) The bank is not liable as Mr. Robert was not an employee of the bank. (b) The bank is not liable for the failure on part of Mrs. Nitu to check the balance in her account in time. (c) The bank is liable as the bank paid commission. to Mr. Robert for the work he did. (d) None of the above.
41. Legal Principle — A violation of a Legal Right, with or without damage, gives rise to a tort.
Factual Situation - ‘A’ establishes a coaching class and charge Rs. 5000/- per year as fees. ‘A’s neighbor ‘B’ establishes another coaching class thereby creating a competition; this forces ‘A’ to reduce his fees to Rs. 3000/- per year.
Question – Can ‘A’ claim damages from ‘B’ for the loss caused to him? (a) Yes, he can as ‘B’ has violated his Legal Right. (b) No, ‘A’ has reduced the fees on his own (c) No, because though there was damage there was no legal injury. (d) None of the above
42. Legal Principle—A parent is not liable for a tort committed by his/her child except when the parent affords the child an opportunity to commit the tort.
Factual Situation - A mother takes her 7 year old son with her to market. On reaching the market she shuts the car ignition, pulls the handbrake and puts the car in gear. She leaves her son in the car only. The child starts playing with the car; he releases the brakes and pushes the gear lever to neutral. As a result, the car starts moving down the road and runs down a pedestrian.
Question — What is the liability of the mother? (a) The Mother is not liable because she took great care to ensure that the car would remain stationery. (b) The Mother is liable because she was negligent. (c) The son is liable because his action caused accident. (d) The pedestrian is liable as he should have been careful while walking on the road.(what else could the mother do reasonably? i cant think of anything. this was unforeseeable. the mother did not give an opportunity to the child to commit tort.)
43. Legal Principle — Whoever uses force without any lawful justification is deemed to commit battery.
Factual Situation -Mary and Maya have an argument over an issue in the classroom. In order to take revenge over this Mary tries to humiliate Maya in front of the other classmates by pulling the chair the moment she is about to sit on the chair. Though Maya falls, she is not hurt. However she files a case against Mary for battery.
Question — Is Mary liable? (a) Mary is not liable because Maya was not hurt. (b) Mary is not liable because their argument justified her action. (c) Mary is not liable because it did not require any force to pull the chair out before Maya sat. (d) Mary is liable because her action is not justified.
44. ‘A’ sings obscene songs near the gate of a women’s College, what offence has he committed? (a) Assault (b) Outraging the modesty of a women (c) Criminal intimidation (d) Obscenity
45. ‘A’ instigates ‘B’ to murder ‘C’. ‘B’ refuses to do so. In this case ‘A’ is— (a) liable for no offence (b) liable for abetting ‘B’ to commit murder (c) liable for murder (d) liable for attempt to murder
46. Which of the following is not a private right? (a) Right of reputation. (b) Right of bodily safety. (c) Right of bodily freedom. (d) Right to walk in Public Park.
47. In which of the following cases, ‘P’ did not owe duty of care to ‘Q’.
(a) A bus owned by ‘P’, was being driven on the road. While the driver of bus tried to overtake a stationary truck, it skidded on the rough side of the road and overturned, injuring some passengers in the bus including ‘Q’. ‘Q’ sued ‘P’ for damages.
(b) The conductor of an overloaded bus owned by ‘P’ invited passengers including Q to travel on the roof. As the bus overtook a cart, it swerved on to the right side and ‘Q’ was injured by an overhanging branch of a tree. ‘Q’ sued ‘P’.
(c) ‘Q’, after buying the ticket, was trying to board the bus belonging to ‘P’. Just when ‘Q’ had placed his foot on the footboard, the conductor rang the bell signalling the driver to move, with the result that ‘Q’ fell down and suffered injuries. ‘Q’ sued ‘P’.
(d) ‘Q’, who was travelling on his cycle, stopped by the side of the road to have a cup of tea. When he had put his foot on the pedal of the cycle, he was hit by a speeding motor cycle and was injured. ‘Q’ sued the driver of motorcycle, ‘P’ for damages.
48. Under Article, 19(1)- All citizens shall have the right, (a) to freedom of speech and expression’ which comprises of- (a) Right to propagate one’s views through movies. (b) Right to be heard (c) Telephone tapping by the government on the order of the court (d) All the above
49. ‘The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.’ This principle aims at- (a) Operation of the legal system (b) Equal justice and free legal aid (c) Schemes for securing justice (d) Securing justice to citizens
50. Statement: ‘Promotion of international peace and security.’
Situation: ‘The American Court gave a decree for custody of child to the mother, The father, while disobeying the decree took the child to India, refused to hand over the child to the mother.’ Mention under which of the following, the court in India can issue ‘habeas corpus’. (a) Promote international peace and security (b) Maintain just and honourable relations between nations (c) Foster respect for international law and treaty obligations in the dealings of organized peoples with one another (d) Encourage settlement of international disputes by arbitration (this question is so badly framed, that there is no correct answer. i would go for a.)
51. Which of the following qualification is required to be elected as the President of India? (a) Should be a citizen of India (b) Should have completed the age of thirty-five years (c) Should be qualified for election as a member of the House of the People (d) All of the above
52. Statement ‘(1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
Statement (2) such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.’
The above concludes that- (a) Parliament has exclusive power to make laws (b) Parliament has residuary power to make laws (c) Parliament has conclusive power to make laws. (d) Parliament is the only law making authority in India.
Instructions for Questions 53 to 55: Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer given below.
53. Legal principle: The rule of ‘Volenti non fit injuria’, means ‘voluntarily suffered injury is not fit for action’,
Factual Situation: ‘X, a pedestrian finds C losing her control over her scooty while driving down the flyover, while rescuing C from any harm successfully, X is injured, so is asking for compensation.’ C may take the defence of the above principle on the basis of- (a) Plaintiff’s free consent. (b) Act of God. (c) Act of state. (d) Inevitable accident.
54. Legal Principle: ‘qui facit per aliumfacit per se’, which means; ‘he who does an act through another is deemed in law to do it himself.
Factual Situation: ‘A gave some amount and cheques to his friend B, who was an employee of the State Bank of India, to deposit the same in the account of his wife C. The employee misappropriated the amount, C files suit against the State Bank of India’. Choose the correct option. (a) The State Bank of India would be vicariously liable to C (b) The State Bank of India would be vicariously liable to B (c) B would be liable to A (d) Neither State Bank of India nor B would be liable
55. Legal Principle: ‘When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such Act or abstinence or promise is called a consideration for the promise.’
Factual Situation: ‘There was a promise to pay to the vakil an additional sum if the suit was successful.’ Which of the following option answers the situation appropriately? (a) There is no consideration for the promise (b) Suit is maintainable on further promise (c) An advocate under vakalatnama could sue his client also (d) An advocate under vakalatnama could not sue his client (according to me this is sufficient consideration, but the other options makes no sense and has no connection with principle at all.)
56. Select the option which does not constitute ‘trespass to person’- (a) Assault (b) Battery (c) Mayhem (d) Conversion
57. Which of the following is not an essential element of a valid contract under the Indian Ccntract Act’ 1872? (a) Free consent (b) Nationality of the parties (c) Lawful Consideration (d) Lawful Object
58. The basic human rights in India are contained in (a) The Human Rights Code of India (b) The National Human Rights Commission of India (c) The Human Rights Courts of India (d) The Constitution of India
59. PIL, in Indian Legal System, stands for- (a) Public Interest Litigation (b) Private Interest Litigation (c) Peoples Interest Litigation (d) Purpose Interest Litigation
W.R.T Question 42. The principle does not mention anything about care. All it talks about is 'opportunity'. However small the chance, the mother did give the child the opportunity by leaving him alone in the car. I feel it should be B.
I saw the same exact question in universal's guide to BA LLB and the book states that the mother is liable.
Well, she pulled the handbrake. That is sufficient to keep a car from moving. But then, she also changed the gear, to ensure the car doesnt roll. If a 7 year old releases the handbrake and puts the gear in neutral, its an exceptional case. That was the most she could do in that particular situation, other than taking the son along with her ofcourse.
But Mihir is also right, the principle does not speak anything about care. So if we strictly go by the principle, by keeping the child in the car, she certainly afforded him a chance of causing the accident, however remote the chance may be.
Have to go with Ramanuj sir though, partially because I have marked the same in the paper. :P