CBSE Questions for Class 12 Commerce Legal Studies Topics Of Law Quiz 14 - MCQExams.com

PRINCIPLE: When a person voluntarily agrees to suffer some harm, he is not allowed to complain for that.

FACTS: 'A' was one of the spectators at a formula one car race, being held at Gurgaon, on a track owned by one 'M' company. During the race, there was a collision between two racing cars, one of which was thrown away amidst spectators, thereby causing an injury to 'A'. 'A' claims damages for the injuries caused to him.

DECIDE.
  • M company will be liable to pay damages because the injury was caused during the race organized by it.
  • M company will not be liable to pay damages because A had come to see the race on his own will.
  • M company will not be liable to pay damages because the collision between the cars was beyond its control.
  • M company will be liable to pay damages because it has earned huge revenue by way of sale of tickets for the event.
A person cannot recover from another an amount paid under ____________.
  • mistake of law
  • mistake of fact
  • coercion
  • None of these
PRINCIPLE: Res ipsa loquitur i.e. the thing speaks for itself.

FACTS: Seema got herself operated for the removal of her uterus in the defendant's hospital, as she was diagnosed having a cyst in one of the ovaries. Due to negligence of the surgeon, who performed the operation, abdominal pack was left in her abdomen.The same was removed by a second surgery.

DECIDE.
  • Surgeon cannot be held responsible because it is merely human error
  • Surgeon can be held responsible but Seema will have to prove it the Court of Law that the surgeon was grossly negligent
  • Surgeon will be responsible and Seema need not to prove surgeon's negligence because presence of abdominal pack in her abdomen is sufficient proof thereof
  • None of the above
LEGAL PRINCIPLE: Master/Principal is vicariously liable for the tort committed by a servant/agent, in the performance of his duties as a servant/agent.

FACTS: A gave some cash and cheques to his friend B, who was an employee of the State Bank of India, to deposit the same in that Bank in the account of A. B misappropriated the amount.

If A sues the Bank, for damages, then the Bank is _______.
  • Liable to pay because it was the employer of B
  • Liable to pay because the employee did it during business hours and while working as an employee
  • Not liable because he turned out to be the friend of the plantiff's husband
  • Not liable because while committing the fraud, he was not acting as the agent or employee of the Bank
LEGAL PRINCIPLE: An employee is responsible for any accident or less caused to his employees, during the course of employment.

FACTS: Ajay runs the 'Indian Circus'. The circus has an interesting night show. Two motor cyclists, Ramesh and Suresh, rotate their motorcycle inside a big iron globe in complete darkness. And the audience, especially, the children give a big clap. One day it so happens that during one night show an accident occurs inside the globe. Ramesh and Suresh collide with each other and Ramesh loses both his legs. His parents claim compensation from Ajay, the proprietor of the circus.

DECIDE.
  • Ajay is not liable to pay any compensation because he cannot be held responsible for the accident.
  • Ajay is liable to pay compensation because he is the employer and the accident occurred during the course of employment.
  • Ajay is not liable to pay compensation but he can pay some amount to Ramesh if he has sympathy for him.
  • None of the above
PRINCIPLE: Damages are the money recompense, as far as money can do, for the violation of a right.
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 favour A would have cast his vote won the election. A filed a suit claiming damages.
  • A will be entitled to damages
  • A will be entitled to only nominal damages
  • A will be entitled to exemplary damages
  • None of these
A was suspected of having committed the murder of B, C a policeman who was investigating into B's murder, saw A in a market. He went up to him, caught hold of his hand and prevailed him from going anywhere.
  • C is liable for having falsely imprisoned A, since to arrest a person, a policeman requires permission from a Magistrate
  • C is not liable for having falsely imprisoned A, since for the offence of murder, a policeman need not take the permission of a Magistrate to arrest
  • C is not liable for having falsely imprisoned A since the restraint was not total
  • C is not liable for having falsely imprisoned A, since he did not take him to a prison
LEGAL PRINCIPLE: Agreements, the meaning of which is not certain, or capable of being made certain, are void.
FACT: A horse was bought for a certain price coupled with a promise to give RS. 500 more if the horse proved lucky.
  • This is a valid agreement.
  • This agreement is void for uncertainty because it is very difficult to determine what is luck, bad or good, the horse had brought to the buyer.
  • The agreement is partially valid and partially void.
  • None of the above.
PRINCIPLES: (i) Neighbour principle- A person is liable if he harms his neighbours. A neighbour is one whose action affects another.
(ii) One is liable only for contractual relations
FACTS: X manufactures a food item and sells his food item to Y, a whole seller. Y appoints Z, a retailer to retail these items. Z sells the food item to a consumer who after eating them falls ill. X is liable to the consumer because _______.
  • of contractual relations
  • of the Food Adulteration Act
  • the consumer is the neighbour of X
  • of the consumer protection law
Who is a Recidivist ?
  • Saint
  • Habitual criminal
  • Rash person
  • Reserved person.
LEGAL PRINCIPLE: A person is liable for all the injurious consequences of his careless act.

FACTUAL SITUATION: Ramesh, a snake charmer, was exhibiting his talents to a group of people. One of the snakes escaped and bit a child who had to be hospitalized for two days for treatment. 

DECIDE.
  • Ramesh is liable to compensate the child's family for his careless act.
  • Ramesh is not liable to compensate the child's family because he exercised due care and did not do it wilfully.
  • Ramesh is not liable to compensate the child's family because it is the duty of the spectators to take adequate care.
  • Ramesh is not liable to compensate the child's family because it was a mere accident.
PRINCIPLE: An assault is an attempt to do a corporeal hurt to another, coupled with an apparent present ability and intention to do that act. A battery is the intentional and direct application of any physical force to the person of another.
FACTUAL SITUATION: A was slitting on a chair reading a book. His friend, B decided to play a practical joke on him. Accordingly, he pulled the chair from under him, as a result of which A landed on the floor.
  • B's act amounts to a battery
  • B's act amounts to an assault
  • B's act amounts to an assault till the time A lands on the floor
  • B's act amounts to neither because there was no intention
PRINCIPLE: Trespass to land is the wrongful and unwarranted entry upon the land of another.

FACTUAL SITUATION: A purchased a ticket to watch a movie in a theatre. After the show got over, A refused to leave the theatre. The owner of the theatre sues A for trespass.

DECIDE.
  • He will not succeed since A had purchased a ticket.
  • He will not succeed since A has a right to remain wherever he wants to after the shows gets over.
  • He will succeed since A's authorisation to remain in the theatre ends with the show.
  • He will not succeed since A did not have the intention to trespass.
Which among the provisions of Advocates Act, 1961 in India provides for right of pre-audience of Attorney-General for India, Solicitor-General of India among others?
  • Section 23 of Advocates Act, 1961
  • Section 20 of Advocates Act, 1961
  • Section 19 of Advocates Act, 1961
  • Section 18 of Advocates Act, 1961.
_______ is a one-sided contract in which only one party has to perform his promise or obligation.
  • Void Contract
  • Illegal Contract
  • Unilateral Contract
  • Bilateral Contract
An offer made to the public at large is called as ___________.
  • Standing Offer
  • Specific Offer
  • General Offer
  • Express Offer
_______ precedes offer purpose of which to get a better offer from parties.
  • Offer
  • Invitation to offer
  • Acceptance
  • Bilateral Promise
A person advertised in newspaper to sell his old car. The offer is ______.
  • General offer
  • Specific offer
  • Continuing offer
  • None of the above
A owned a truck and he had hired B to drive it. On one of its trips, C flagged the truck down and asked to be dropped to a nearby city. B agreed to do so for a small amount of money. The truck met with an accident en route, in which C was badly injured. C sued in for damages.
  • A will be liable since B did the act in the course of his employment
  • A will be liable since he had not instructed B not to pick up passengers
  • A will not be liable since taking passengers in a truck had no connection with his business
  • A will not be liable because B was an experienced driver
When property is in possession of.a person other than the owner, the owner is in ____________.
  • Dispossession
  • Unpossession
  • Adverse possession
  • None of the above.
The BCCI decided to hold an auction to sell IPL teams. 12 bidders registered for the auction. Unknown to the BCCI, these 12 bidders had entered into a contract that they would not bid more than a certain amount.
  • The contract will be void because BCCI is not a party to it
  • The contract will be void since the object of the contract is to cause a loss to the BCCI
  • The contract will be void since the maximum number of parties to contract as per Indian law is 10
  • The contract will be valid
PRINCIPLE: Ignorance of law is no excuse.
FACTS: A fails to file his income-tax returns for ten years. The Income-tax department issues to him notice to show cause why proceedings should not be initiated against him for the recovery of the income-tax due from him with interest and penalty.
ADVISE.
  • He may take the plea that his advocate had advised him not to file the return as his income was not taxable
  • He may request the department to waive the interest and penalty
  • A must pay the tax due as ignorance of law cannot be ground of defence
  • None of the above
PRINCIPLE: In an agreement, a condition subsequent must be complied with, to claim the benefit of that agreement.
FACTS: A agrees to transfer a farm to B, provided that, if B does not go to England within three years after the date of the agreement, his interest in the farm shall cease. B goes not go to England within the term prescribed.
  • B's interest in the farm continue
  • B's interest in the farm does not continue
  • B has a fundamental right to go to England or not to go to England and hence the condition was illegal
  • The agreement between A and B was void
Choose the correct answer from the alternatives given.
Hadley v. Baxendale, (1854) case deals with ___________________.
  • anticipatory breach of contract
  • quantum of damages
  • supervening impossibility
  • quasi-contract
PRINCIPLE: Under the Transfer of Property Act, 1882 a property must be transformed by one living person to another living person. The Act deals only with transfer of property between living persons.
FACTS: 'X' wants to transfer his property to the presiding deity in a temple situated within the estate of 'A'.
  • Transfer of property by 'X' will be valid
  • Transfer of property by 'X' will be invalid
  • Transfer of property by 'X' to the presiding deity will become a valid transfer to 'A'
  • None of the above
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Everybody is under a legal obligation to take reasonable care in order not to injury by an act or omission his neighbour, which he may foresee. The neighbour for this purpose is a person who is likely to be affected by the act or the omission.
FACTUAL SITUATION: Amit, while rushing to board a moving train at a station pushed Anil who was walking along with a heavy load, containing fire crackers, the push resulted in slipping of the load from Anil's hand. The crackers exploded injuring a boy, Sumit standing nearby. Sumit filed a suit against Amit claiming damages. 
DECIDE.
  • Amit is not liable, because Sumit is not his neighbour.
  • Amit is not liable, because Anil should not be carrying load of crackers on a railway station.
  • Amit is liable, because he pushed Anil.
  • Amit is liable, because he was running.
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.

LEGAL PRINCIPLE: The violation of legal right without damage gives rise to tort.

FACTUAL SITUATION: X runs a coaching centre and charges Rs. 1800 per month as fees per candidate. Y runs another coaching centre and charges Rs. 1300 per month as fees per candidate for completing with X. This act of Y compelled X to reduce his charge to such Rs. 1300.

QUESTION: Can X claim for damages from Y?
  • Yes, he can as Y violated his legal right.
  • No, X has reduced the fees on his own.
  • Yes, because as there was damages there was legal injury.
  • No, because though there was damage there was no legal injury.
The phrase per incuriam refers to ___________________
  • Judgment of a Court in accordance with law
  • Judgment of a Court without reference to a statutory provision
  • Judgment of a judge not of a Court
  • All the above.
"What cannot be done directly cannot be done .indirectly" This doctrine pertains to ______.
  • Colourable legislation
  • Ancillary power
  • Implied power
  • Not sustainable manner
Under the Indian Contract Act 1872, which of the following is not an essential element of a valid Contract?
  • Intention to create legal relationship
  • Adequacy of Consideration
  • Certainty of Terms
  • Free Consent
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLES:
(1) Master is liable for the wrongful acts committed by servants, in the course of their employment if third employment if parties suffer damages in consequences.
(2) However the master is liable if the wrongful act committed by the servant has no connection whatsoever with the servant's contract of employment.
(3) If a person by an act lowes the reputation of another in the eye of right thinking people, then the person who suffered loss of reputation can sue for damages.
FACTUAL SITUATION: Tiwari is a servant of Ajit, on his way to Ajit's house to report for duty, he goes to have a cup of coffee. There he sees Singh and accuses Mr. Singh of being a dishonest person. Mr. Singh wants to sue Ajit, as Tiwari is Ajit's Servant. Decide.
  • Ajit is liable because Tiwari defamed Singh.
  • Ajit is not liable as the defamation was not in the course of Tiwari's employment.
  • Ajit is liable even though the defamation was not in the course of employment.
  • None of the above.
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: A present is not liable for a tort committed by his/her child except when the parent, affords the child an to opportunity to commit the tort.
FACTUAL SITUATION: A mother takes her 7-year-old son 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 itself. 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? 
  • The mother is not liable because she took great care to ensure that the car would remain stationary
  • The mother is liable because she was negligent
  • The son is liable because his action caused accident
  • The pedestrian is liable as he should have been careful while walking on the road
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Contractual liability is completely irrevalent to the of existence of liability in tort.
FACTUAL SITUATION: A purchased a bottle of ginger-beer from a retailer. As she consumed more than 3/4th of the contents of the bottle, she found decomposed remains of a snail, she fell sick on the manufacturer of what she consumed. She sued the manufacturer of the beer for negligence, through there is no contractual duty on the part of the manufacturer.
DECIDE.
  • 'A' cannot sue the retailer.
  • 'A' cannot sue the manufacturer for negligence in the absence of a contract.
  • 'A' can sue the retailer from whom she purchased the beer.
  • 'A' can sue the manufacturer as he had a duty to take care to see that bottles did not contain any other substance than beer and hence liable for negligence of duty.
A invites B for his son's wedding by giving the wedding card. B accepts the invitation. In this case, there is no contract, since _______.
  • there is no formal acceptance of the offer
  • there is no intention to create legal relationship
  • there is no written document
  • none of the above
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
PRINCIPLE: Attempt is not an offence until it is an attempt to commit an offence punishable with imprisonment.
FACTS: Z makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewels in it.
  • Z has done an act towards the commission of theft and therefore is guilty
  • In the absence of the definition of offence in the stated Principle it cannot be said that Z is guilty
  • The stated Principle neither defines the offence is punishable with imprisonment. So the position is unclear
  • Police should arrest Z and produce him before the Magistrate as only the court has the authority to decide his guilt or innocence
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
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 charges Rs. 5000 per year as fees. 'A's neighbour '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?
  • No, because though there was damage, there was no legal injury
  • Yes, he can as 'B' has violated his Legal Right
  • No, 'A' has reduced the fees on his own
  • None of the above
D was enfeebled by disease. B, his medical attendant influenced him to agree to pay B an unreasonable sum for his professional services. D's consent is not free and is based on undue influence. This contract is ___________.
  • Void
  • Illegal
  • Valid
  • Viodable
Voidable Contract is one which __________.
  • is enforceable by law at the option of one or more of the parties thereto
  • can be enforced by othe parties
  • cannot be enforced by both parties
  • none of the above
When the contract is perfectly valid in its substance but cannot be enforced because of certain technical defects. This is called a/an _______.
  • Unilateral Contract
  • Bilateral Contract
  • Unenforceable Contract
  • Void Contract
A, by a letter dated 10th January 2018, offers to sell his house to B for Rs. 40 Lakhs. The letter reaches B on 17th January 2018, who posts his acceptance on 18th January 2018 which reaches A on 30th January,Here, the communication of offer is complete on:
The communication of acceptance is complete against A on 18th January 2018 and against B on ____.
  • 18.01.2018
  • 30.01.2018
  • 17.01.2018
  • 10.01.2018
M offer to sell his car for Rs. 3.9 lakhs to N. N says he would buy it for Rs. 3.5 lakhs. The Counter-Offer by N for Rs. 3.5 Lakhs _________.
  • cannot be accepted by M
  • may be accepted by M
  • is irrational
  • is illegal
A offers B to supply Books at Rs. 100 each. B accepts the same with condition of 10% discount. It is _______.
  • Counter Offer
  • Cross Offer
  • Specific Offer
  • Special Offer
_____  is a part of Executed Contracts.
  • Unilateral Contract
  • Past consideration
  • Bilateral Contract
  • Executory Contract
There is a Counter-Offer when _______.
  • the Offeree gives conditional acceptance or introduces a fresh term in acceptance
  • the Offeror makes a fresh offer
  • the Offeree makes some query
  • the Offeree accepts it
A minor's agreement is void. This was held in the case of ________.
  • Mohori Bibi Vs. Dharmadas Ghosh
  • Nohal Chand Vs. Jan Mohamed Khan
  • Suraj Narain Vs. Sukhu Aheer
  • Chinnaiya Vs. Ramaiya
Which of the following is not true in relation to an agreement by minor?
  • All agreement by or with a minor is valid as minor is an individual.
  • An agreement with a minor is void.
  • A minor can ratify an agreement on attaining the age of majority.
  • A minor can plead minority.
When the proposal or acceptance is made otherwise than in words, the promise is said to be _____.
  • Expressed
  • Implied
  • Accepted
  • Rejected
Arun's estate is sold for arrears of revenue. As per the Act, the defaulter is prohibited from purchasing it. Bhat agrees with Arun to purchase the estate and convey it back to Arun for the price which Bhat has paid. This agreement is ________.
  • legal
  • valid
  • voidable
  • void
Karthik is the coach of Sachin, a Minor who joined for Hockey training. The fees if Rs. 10,The contract is a _______.
  • Void Agreement
  • Contingent Contract
  • Quasi Contract
  • Wagering Agreement
A contract was made for purchase of certain bales of cotton to arrive by a ship called "Peerless" from Mumbai. Two ships of the same name (Peerless) were to sail from Mumbai. Buyer intended to buy cargo of one ship but Seller was selling the cargo of ther. The contract is void on grounds of mistake as to _____.
  • existence of subject-matter
  • identity of subject-matter
  • quantity of goods
  • quality of goods
0:0:1


Answered Not Answered Not Visited Correct : 0 Incorrect : 0

Practice Class 12 Commerce Legal Studies Quiz Questions and Answers