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CBSE Questions for Class 12 Commerce Legal Studies Topics Of Law Quiz 6 - MCQExams.com
CBSE
Class 12 Commerce Legal Studies
Topics Of Law
Quiz 6
A. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor's property the age of majority is twenty one.
B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that the minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.
Facts
Ajay convinces Bandita, a girl aged $$18$$ that she would sell her land to him. Bandita's mother Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming the Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus Ajay is in a difficult situation and has no idea how to recover his money from Bandita.
Which of the following is correct?
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Ajay should be allowed to recover the money because even though there is no contract, Bandita and Chaaru should not be allowed to unjustly benefit from Ajay's money
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Ajay should be allowed the possession of the land because Chaaru can always decide to approve the transaction between Ajay and Bandita
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Ajay should not be allowed to recover because he induced Bandita, a minor, to sell the land
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None of the above
Explanation
Fact provide the Ajay 'induced' Bandita to sell the land even though her mother was the guardian. Thus, there was no misrepresentation on part of Bandita.
DIRECTIONS: (Qs. 92-97)Given below/ a statement of principle followed by a failual situation. Apply the principle to the faile given below and dselect the most appropriate answer
Principle Under the Transfer of Property Act, 1882 a property must be transferred , 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'.
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Transfer of property by 'X' will be valid
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Transfer of property by 'X' will be invalid
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Transfer of property by to the presiding deity will become a valid transfer to 'A'
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None of the above.
Explanation
One of the basic features of the Transfer of
Property Act, 1882 is that it governs transfer of property
inter vivos or between living persons only. It does not apply
to acquisition of title through inheritance and succession.
It is also
inapplicable to dedication of property to God or where the
transfer is subject to the relevant religious and Charitable
Endowment Acts.
As per section 5 of the act,
'transfer of property' means an act by which a living person conveys property in present or in future, to one or more other living person, or to himself, and one or more other living persons.
In the present case, X wants to transfer his property to a temple deity which is not a living person and hence, the transfer cannot take place and will be invalid in nature.
Law of Contract deals with __________________.
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law of ownership and transfer
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property of actions
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enforcement of obligations arising from agreements and promises
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taxation
When a person aids the commission of an offence, he is called a __________.
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abettor
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accessory
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accomplice
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abeyer
DIRECTIONS (71-80): This section consists of fifty(50)questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts These principles have to be applied to the given facts to arrive at the most reasonable conclusion Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in 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 interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Principle: An interest which is created on a transfer of property and depends upon the fulfillment of a condition will fail if the fulfillment of the condition is impossible or is forbidden by law or is of such a nature that, if permitted, it would defeat the provisions of any law or is fraudulent or involves or implies injury to the person or property of another or the court regards it as immoral or opposed to public policy.
Facts: A gives Rs. 10,00,000/- to B on condition that B shall marry A's daughter C. On the date on which A gave Rs. 10,00,000/- to B, C was dead.
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B's interest in Rs. 10,00,000/- fails because of impossibility
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B's interest in Rs. 10,00,00/- fails because of immorality
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B's interest in Rs. 10,00,000/. fails because of prohibition by law
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B's interest in Rs. 10,00,000/- does not fail
Explanation
As per section 36 of the Indian Contract Act, 1872, Contingent agreements to do or not to do anything, if an impossible event happens, are void, whether the impossibility of the event is known or not to the parties to the agreement at the time when it is made.
In the present case, A made an agreement with B on condition that he marries C which makes it a contingent agreement. Later, when C died, the condition of the agreement becomes impossible to perform and hence the agreement is void and B's interest in Rs. 10,00,000/- will fail.
Mens rea
is translated as ___________.
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guilty mind
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intention
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evil
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unlawful act
LEGAL PRINCIPLES:
$$1.$$ Once a person accepts another's offer, and signifies such acceptance to the former, a contract comes into existence between them.
$$2.$$ Uncertain agreements are void agreements.
$$3.$$ Rejected offers can be accepted only if renewed.
FACTUAL SITUATION: Bakshi wanted to purchase a particular land. He sent a letter to his cousin. Dutt, offering him $$Rs. 4$$ lakhs for it. Dutt replied that he would not sell it below $$5$$ lakhs. Bakshi communicated his willingness to pay this amount. Dutt did not sell the land to Bakshi. Bakshi sued him for breach for contract.
DECISION
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Dutt is liable because once he communicates an offer to Bakshi and Bakshi accepts it, a contract comes into existence
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Dutt is liable as he has misled Bakshi by his actions
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Dutt is not liable because he has rejected the offer by giving a counter offer which is also not specific
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Dutt is not liable as there is no legally enforceable contract
Explanation
Contract comes into existence only when an offer made is accepted. Here Dutt did not accept offer made by Bakshi, instead he made an unspecific offer, which cannot be assumed as people offer hence there is no contract.
This problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.
(Questions 66-69):
Rules:
A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
B. If a moveable thing is attached to the land or any building on the land, then it becomes a 'fixture'.
Facts:
Khaleeda wants to sell a plot of land she owns in Begbmara, Meghalaya and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for sixty lakh rupees. After completing the sale, she removes the expensive Iranian carpet which used to cover the entire wooden floor of one of the bedrooms. The room had very little light and Khaleeda used this light-coloured radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realizes this and files a case to recover the carpet from Khaleeda.
Amongst the following options, the most relevant consideration while deciding a case on the basis of the
above two principles would be _______________.
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Whether the moveable thing was included in the sale
agreement.
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Whether the moveable thing was merely placed on
the land or building.
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Whether the moveable thing had become an
inseparable part of the land or building.
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Whether the moveable thing could be removed.
Explanation
It is a principle as per section 3 of Transfer of Property Act, 1881, that all fixtures on the land is also deemed to have been sold with the land and If a moveable thing is attached to the land or any building on the land, then it becomes a 'fixture'. Also, transfer of property does not define movable property. In General Clauses Act, it is defined as “Property of every description except immovable property”.
In the present case, the question is that whether the carpet can be considered as fixture by Gurpreet and hence is bought and to determine whether it was attached to the earth as a fixture, whether the moveable thing was merely placed on
the land or building or was it attached to building.
The EJA is abbreviated form of ____________________.
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Environment Impact Assessment
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Environment Implementation Arrangement
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Environment Impact Apparatus
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Environment Institute of Awareness
Explanation
Environmental Impact assessment (EIA) is the assessment of the environmental consequences of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. The term is usually used when applied to actual projects by individuals or companies.
The purpose of the assessment is to ensure that decision makers consider the environmental impacts when deciding whether or not to proceed with a project.
DIRECTIONS (71-80): This section consists of fifty(50)questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts These principles have to be applied to the given facts to arrive at the most reasonable conclusion Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in 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 interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Principle: If a person transfers movable or immovable property with its full ownership and without any consideration to some other person, then it is called a gift.
Facts: S, who has no child of his own, makes a gift of his house worth Rs. 25 lacsto his nephewR. After completing all the legal formalities required fora valid gift, S says to R that in case of need R will provide that house to S for use without any questions. R does not react to it. After one year of this S really needs that house and request R to make the house available to him, but R refuses to do so.
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R cannot refuse as he got the house without paying any consideration for that
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R cannot refuse as S is without children
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R can refuse as he has become full owner of the house
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R can refuse as he himself may be in need of that house
Explanation
"Gift" is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.
According to the principle given, when a person transfers property with its full ownership and without any consideration to some other person, then it is called a gift In this case R can refuse, because he is the full owner of the house which he received as a gift from S after completing all the legal formalities.
_______ is a wrongful act or infringement of right.
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Tort
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Crime
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Wrong
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None of the above
P offers to sell his car to Q for Rs. 50,000/- Q agrees to buy the car offering Rs.45,000/- the reply of Q amounts to ________.
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Offer
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Counter offer
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Invitation to an offer
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Standing offer
The phrase 'due process of law' means ______.
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as ordained by statute law
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in course of time
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in course through courts
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judice by tribunals
Explanation
The concept of due process of law originated in English Common Law. It signifies that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards.
Principle:
In order to be eligible to appear in the semester examination, a student is required to attend, under all circumstances, atleast $$70$$% of the total classes held in that semester as per University rules.
Facts:
Anand, an economically poor but a very brilliant student of LLB final semester, while going to his University by cycle received some leg injuries in road accident. Consequently Anand could not attend his classes for one week as he was advised rest by his doctor for that period. Due to this absence from the university, Anand failed to have $$70$$% attendance essential to appear in the examination and, therefore, he was debarred from appearing in the examination by the University authorities. Anand challenges this decision in the court of law.
Decide
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Anand will succeed in the court of law as the accident was beyond his control.
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Anand will definitely get favour of the court on humanitarian ground as he comes from a economically poor family and may not afford to take readmission.
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Anand will not succeed as he could very easily fulfil eligibility criteria for appearing in the examination by being reasonably regular in the class throughout the semester.
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Anand will succeed as requirement of $$70$$% attendance may be declared arbitrary and, therefore, unreasonable by the court of law.
Explanation
If we go through the principle, then it is clearly mentioned that an attendance of $$70$$% is mandatory to appear in the examination. Anand will not succeed, because he was advised rest only for one week in the whole semester. If he was regular in attending the classes, he could have very easily fulfilled the eligibility criteria for appearing in the examination.
According to Mc Naughten rules, legal insanity is quite different from medical insanity. It is relates to the ___________.
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total loss of co-native faculties
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total loss of cognitive faculties
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congenital insanity
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none of these
Explanation
Insanity is fundamentally utilized in criminal cases. It depends on the suspicion that at the hour of the wrongdoing, the litigant was experiencing serious psychological problem and subsequently, was unequipped for valuing the idea of the wrongdoing and separating directly from wrong conduct, thus making them not lawfully responsible for wrongdoing.
Hence, B is the correct option.
'Damages' are awarded except in one case ____________.
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Tort
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Breach of contract
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Libel suit
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Criminal conduct
Explanation
The damages are intended to bring the injured party up to the monetary position that was normal from the accomplishment of the agreement. To get compensatory harms, the plaintiff needs to demonstrate that a show misfortune happened and that it was inferable from the defendant.
Hence, D is the correct option.
The model code of conduct for political parties and candidates to be followed during the election is___________________.
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laid down in the Constitution of India
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specified in the Representation of the People's Act, $$1951$$
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enjoined by the Supreme Court
0%
a voluntary agreement among the recognised political parties
Explanation
The model code of conduct for political parties and candidates to be followed during the election is
specified in the Representation of the People's Act, 1951.
All agreements are not contracts but all _______ are agreements
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Offer
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Acceptance
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Obligation
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Contracts
Principle
: Generally an agreement without consideration is not valid. Therefore, in order to make a valid agreement, some consideration which may have some value in the eyes of law, is essentially required.
Facts:
William has an older car of which he makes seldom use. He voluntarily enters into an agreement with Smith to sell this car for rupees ten thousand. Thereafter one Anson approaches William and offers to buy that car for rupees one lakh as the car was one which Anson has been searching for long. Now, William wants to cancel his agreement with Smith and refuses to deliver the car to him saying that consideration price for the car promised by Smith is negligible and therefore, agreement with him cannot be said to be valid one.
Decide
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William can cancel his agreement with Smith as the consideration involved in that is really inadequate
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William cannot cancel his agreement with Smith as the sale of car for rupees ten thousand was voluntary and this price has some value in the eyes of law
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William can cancel his agreement with Smith as he was ignorant about the value/ price of the car for which it could be sold
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William can cancel his agreement with Smith as he is entitled to get full market value/ price of his car
Explanation
As per the principle mentioned in the question and also supported by the Indian Contract Act, $$1872$$ generally an agreement without consideration is not valid. In this case, William cannot cancel his agreement with Smith because the sale of car to Smith for $$Rs. 10000$$ was a voluntary act and this price or consideration has some value in the eyes of law.
Unliquidated damage means _________.
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damage to something mean
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damage caused by a firm which has gone in liquidation
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damage to firm in the hands of receivers
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damage to be assessed by a Court as these are not pre-determined
Principle
Master is liable for the wrongful acts committed by his servant; provided the acts are committed during the course of employment. However, the master is not liable if the wrongful act committed by his servant has no connection, whatsoever, with the servant's contract of employment.
Facts
'D' is a driver employed by 'M' who is the owner of a company. During the lunch time, 'D' goes to close by tea shop to have a cup of tea. There he ('D') picks up fight with the tea shop owner ('T'), which resulted in some damage to his shop. 'T' wants to sue 'M' for claiming compensation for the damage caused by the fight.
Which of the following derivations is correct?
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'M' will be liable because 'D' is his servant
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Both 'M' and 'D' will be liable
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'M' will not be liable because the wrongful act (picking up fight) was not committed in the course of D's employment
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'M' will be liable albeit the wrongful act (picking up fight) was not committed in the course of D's employment
Explanation
According to the principle of Vicarious Liability in Law of Torts, the master is liable for the wrongful acts committed by his servant during the course of employment.
In this case, M will not be liable because the wrongful act was not committed in the course of D's employment, as D went to have a cup of tea during the lunch time.
Liability is _________.
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subjection to legal obligation
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a responsibility
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a duty
0%
none of the above
Explanation
The term 'liable' means "responsible or answerable in law; legally obligated." In such cases, the claimant is the one who seeks to establish, or prove, liability. The theory of liability has certain conditions that must be proven by the claimant before liability will be established.
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 to the question given below:
Principle:
Every person has a right of self-defence,if his life is under imminent threat.
Facts:
Mr. Prashant threatens Mr. Krishna that he will kill Mr. Krishna. After saying so, Mr. Prashant goes to his house saying that he would get his axe.
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Mr. Krishna will have to run away
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Mr. Krishna will have to go to the police station and file a complaint.
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Mr. Krishna cannot exercise the right of self-defence.
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None of the above.
Explanation
Mr. Krishna can file a complaint against him but can't exercise the action of self defence.
Section 102 of IPC, tells that when the right to private defence should be exercised. In the above mentioned case, Mr. krishna can't exercise his right as he didn't get hurt neither Mr. Prashant is in front of him with axe.
Assertion (A) :
All minorities, whether based on religion or language, shall have the right to establish or administer educational institutions of their choice.
Reason (R) :
Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.
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Both A and R are true and R is the correct explanation of A.
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Both A and R are true and R is not the correct explanation of A.
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A is true but R is false
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A is false but R is true
Explanation
Tort is a wrongful act other than a breach of contract for which relief may be obtained in the form of damages or an injunction. The law of torts serves four objectives. First, it seeks to compensate victims for injuries suffered by the culpable action or inaction of others. Second, it seeks to shift the cost of such injuries to the person or persons who are legally responsible for inflicting them. Third, it seeks to discourage injurious careless and risky behavior in the future. Fourth, it seeks to indicate legal rights and interest that have been compromised, diminished, or emasculated.
Thus it can easily be concluded that the given assertion and reason stand individually true also reason is correct explanation of the assertion. Hence option (a) is correct.
This section consists of fifty $$(50)$$ questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principles') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in 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 interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Principle: A condition precedent must be complied with before the happening of the event to which such a condition is attached. Fulfilment of such a condition after the happening of the event is no fulfillment of condition.
Facts: A transfers $$Rs. 5,000$$ to B on condition that he shall marry with the consent of C, D and E. As C, D and E had to go abroad was already fixed, therefore, B marries without the consent of C, D and E, but obtains their consent after the marriage when C, D and E return to their country.
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B has fulfilled the condition
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B has not fulfillled the condition
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B was free to marry any one without the consent of any body
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B must divorce his wife as he married her without fulfilling the condition
Explanation
Governing principle clearly states that a condition precedent must be complied with before the happening of the event and it such condition is complied after the happening of event it will not be considered fulfillment of condition.
Same happened in the case presented before us. $$Rs. 5000/-$$ were transferred to B by A on the precondition that B will obtain permission of C, D and E for making but the obtains their consent only after marriage will not be considered valid fulfillment of condition attached.
The gist of the offence of criminal conspiracy is ____________.
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an agreement is necessary between two or more persons to do or cause to be done an illegal act.
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a legal act by illegal means followed by an overt act to be done or cause to be done according to an agreement.
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both (a) and (b).
0%
none of the above
Explanation
Section 120 of IPC, tells about the criminal conspiracy. It is an exemption to the general law where goal alone doesn't establish crime. It is expectation to commit an offence and holding hands with people having a similar goal.
Hence, A is the correct option.
Legal Principle: Law does not take notice of trifles.
Factual Situation: A proposes to his neighbour B that they both should go together for a morning walk. B agrees to the proposal and it was decided that both of them would meet at a particular point at 6 a.m. from where they would set off for the morning walk. In spite of the agreement, B did not turn up. A waits for seven days. Thereafter, he files a suit against B claiming damages for the agony and mental torture suffered by him.
Decide.
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B is guilty of contract and is liable to pay damages.
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There is no intention to enter into legal relations.
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The matter is too small and the court will refuse to go into it.
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None of the above.
The essential ingredients of a crime are _______________.
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Knowledge, intention and action
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Motive, intention and knowledge
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Motive, mens rea and actus reus
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Actus reus and mens rea
Explanation
Guilty act and guilty mind are considered as the very essential elements of a crime because to commit an offense or a crime, a person must have a guilty intention.
Hence, D is the correct option.
Agreements which are uncertain are _____.
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Uncertain contracts
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Valid
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Void
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Contingent
Principle
There is no liability in tort in cases of inevitable accidents.
Factual Situation
A stranger takes lift in truck. The truck later meets with an accident due to break failure. The stranger suffered grievous physical injuries and nervous shock. He filed a suit to claim compensation from the truck's owner.
Decision
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Truck owner is liable
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Truck owner is not liable because it is an inevitable accident and defect in truck was not apparent
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Truck owner is liable not the owner
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Neither the truck nor the owner is liable
Explanation
The truck owner is not liable in tort as facts of the case state that accident happened due to inevitable circumstances and there was no malicious intention or planning ; further an defect in the vehicle was unknown to the truck owner. So the above stated principle holds true in this case.
Option (a) and option (c) both are incorrect. Refer above explanations.
"The people have a right, an inalienable, indisputable, indefeasible, divine right to that most dreaded and envied kind of knowledgeI mean, of the character and conduct of their rulers." Who said this ?
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Abraham Lincoln
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John Adams
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Martin Luther
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Mahatma Gandhi
Explanation
John Adams
was an American jurist and also served as the 2nd president of United States. He was one of the best political philosopher of his time. The above mentioned sentence is a quote given by him. It was said by him in 1765.
This section consists of fifty $$(50)$$ questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principles') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in 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 interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
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.
Report Question
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M company will be liable for damages because the injury was caused during the race organized by it
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M company will not be liable for damages because A had come to see the race on his own will
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M company will not be liable for damages because the collision between the cars was beyond its control
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M company will be liable because it has earned huge revenue by way of sale of tickets for the event
Explanation
Option (b) is correct. M company will not be liable for damages because A had come to see the race on his own will and no body induced him to do the same.
According to the guiding principle A by agreeing to attend the race agreed to suffer any accidental harm caused in the event and thus is not allow to complain for the same.
Principle: When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or irstinence, he is said to make a proposal. The expression of willingness/ desire results in a valid proposal only when it is made/ addressed to some person(s).
Facts: 'X' makes the following statement in an uninhabited hall. 'I wish to sell my mobile phone for $$Rs. 1000$$.'
Which of the following derivations is correct?
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'X' made a statement that resulted in a promise
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'X' made a statement that resulted in a proposal
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'X' made a statement that did not result in any proposal
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'X' made a statement that resulted in an agreement
Explanation
Section $$2(a)$$ of the Indian contract Act states that when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal. In the given case, X made a statement in an uninhabited hall regarding selling his mobile phone for $$Rs. 1000$$ and it was not made or addressed to anyone. So, this does not amount to a valid proposal.
LEGAL PRINCIPLE
: The master/principal is liable for all acts done by his duly appointed servant/agent for all acts done by him lawfully in the course of his employment.
FACTUAL SITUATION
: A,B, C and D carried on a business in partnership. While making a deal with another company, B bribed the clerk there. Is the partnership firm vicariously liable?
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No, as bribing is not in course of employment of the partners.
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Yes, as partners are agent of the firm.
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Yes, as B can be said to have implied authority for the same.
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No, as this act was not authorized by the others.
Explanation
Partnership firm is vicarious liable for act of B under implied authority. But bribing cannot be considered as course of his employment.
Principle
: Law never enforces an impossible promise.
Facts
: 'A' made a promise to 'B' to discover treasure by magic.
Report Question
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Law will not enforce the promise.
0%
Law will enforce the promise only at the option of 'B'.
0%
Law will enforce the promise.
0%
Law will enforce the promise only at the option of 'A'.
Explanation
Section $$56$$ of Indian Contract Act defines an agreement to do an impossible act in itself is void. The reasonable conclusion is drawn that Law will not enforce the agreement. Option (a) is correct.
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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Lady can refuse to pay the fare as she had suffered injuries.
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Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk.
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Lady is entitled to claim compensation as she had knowledge of risk.
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Driver can take the plea that he was lightly intoxicated.
Explanation
i. The plaintiff knows that there is a risk.
ii. He knowingly agrees to suffer the harm.
If only first point is present, there is only knowledge of the risk, it is no defence because the maxim his volentinon fit injuria. Merely because the plaintiff knows of the harm does not imply that he assent to suffer harm. The reasonable conclusion drawn Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk.
. option b is correct.
Hence option (b) is correct.op
.
Hence option (b) is correct.
Principles
:
- A servant is one who is employed to do some work for his employer (master). He is engaged under a contract of service. He works directly under the control and directions of his master.
- 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 conduct for the tourist vehicle. During one trip, at the end of the journey, when 'D' was not on the driver's seat, 'C' had 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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'M' could not be made liable for the act of 'C', as his (C's) act of driving the vehicle was not in the course of his employment.
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'M' could made liable for the act of 'C', as his (C's) act of driving the vehicle was within the scope of employment.
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'M' could be made liable for the act of 'C', as 'C' was employed under a contract of service.
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'M' is not liable as he was not present at the time of accident.
Explanation
The reasonable conclusion drawn is that M's liability arises only when the wrongdoer is his servant and the servant while doing the wrongful act is in the course of the employment. In the present reasonable conclusion is 'M' could not be made liable for the act of 'C', as C's act of driving the vehicle was not in the course of the employment.
Is intention a mental condition?
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Depends on the situation.
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Yes
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None of the above
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No
Explanation
Yes.
Intention means state of mind in which person is mentally fit and have idea what he is going to do. When an wrongful act is done intentionally it leads to the crime and is punished by law.
A basic principle of the doctrine of precedent is that ________________.
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a precedent, once made, can never be changed
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decisions of a superior court in one hierarchy of courts are binding on courts inferior to it in another, separate hierarchy..
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precedents are restricted to those decisions of superior courts that have been approved by Parliment.
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every court is bound by the decision of courts superior to in the same hierarchy of courts.
Principle
:
Wagering agreements are void.
Collateral agreements to wagering contracts are valid.
Facts
: XYZ Bank lends Rs$$40,000$$ to Sabu in order to enable him to award as prize to Randeep who is the winner of horse race. Later Sabu refuses to pay the prize stating that horse racing is wagering agreement. Can XYZ Bank recover money from Sabu?
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No, as it is a wagering contract.
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Bank can recover money from Sabu so that payment of prize money can be made to Randeep.
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Yes, as it is only a collateral agreement to horse racing and therefore the bank can recover the money from Sabu.
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Horse racing is illegal and therefore XYZ Bank cannot recover anything from Sabu.
Explanation
There is an exception under section 30 of the Indian Contract Act in which it is mentioned that in favour of certain prizes for Horse Racing shall not be deemed to render unlawful a subscription or contribution, or agreement to subscribe or contribute, made or entered into for or to word any plate, prize or sum of money, of the value or amount of five hundred rupees or upwords, to be rewarded to the winner or winners of any horse race. The reasonable conclusion drawn that only collateral agreement to horse racing and therefore the bank can recover the money from Sabu. Hence option (c) is correct.
Principle
: In cases where there is an infringement of legal right even without any actual loss or damage, the person whose right is infringed has a cause of action.
Facts
: 'P' was wrongfully prevented by the Returning Officer from exercising his vote in an assembly election. However, the candidate for whom he wanted to caste his vote won the election. Still, he ('P') brought an action claiming damages. Which of the following derivations is correct?
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'P' would succeed in his action, as it is mandatory to cast vote.
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'P' would not succeed in his action, as the candidate for whom he wanted to give his vote won the election.
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'P' would not succeed in his action, as he did not suffer any loss in that election.
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'P' would succeed in his action, as he was wrongfully prevented from exercising his legal right of voting in that election.
Explanation
The reasonable conclusion drawn that it is violation of a legal right without chasing any harm, loss or damage to the plaintiff. Thus it is actionable in a tort. Hence 'P' would succeed in his action, as he was wrongfully prevented from his legal right of voting. Option (d) is correct.
LEGAL PRINCIPLE
: A master shall be liable for the acts of his servants done in the course of employment.
FACTUAL SITUATION
: PUL, a public sector undertaking, is operating a number of bus services for its employees in Pune. These buses are quite distinct in their appearance and carry the board "for PUL employees only". M, a villager from neighboring state, was waiting for a regular bus in one of the bus stops in Pune. A bus belonging to PUL happened to stop nearby and number of people got into the bus. M, without realizing that it was PUL bus, got into the bus and soon thereafter, the bus met with an accident due to driver's negligence. M, along with several others, was injured in the accident. M seeks to file a suit against PUL claiming damages.
DECISION :
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M will succeed, because he got into the bus without realizing that it was PUL bus.
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M will not succeed, because it was from him to find out whether it was a public transport.
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M will succeed, because the driver was anyhow duty-bound to drive carefully.
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PUL is not liable as the bus met with an accident due to driver's negligence.
Explanation
Option 'c' is correct M will succeed as the driver was driving in the course of his employment further it was duty of the driver to drive carefully.
Principle
: An agreement without free consent can be enforced 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 putting a gun on the head of B's girl friend.
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'B' can enforce the agreement.
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'A' can enforce the agreement.
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'B' cannot enforce the agreement.
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Neither 'A' nor 'B' can enforce the agreement.
Explanation
For the free consent under section 14 of the Indian Contract Act, when it is not caused by
i. Coercion as under section 15
ii. Under influences as Section 16
iii. Fraud as defines Section 17
iv. Misrepresentation as defines Section 18
v. Mistake subject to provision of Section 20,21 & 22
The reasonable conclusion drawn that as the consent B is not free, B can enforce the agreement.
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 to the question given below:
Principle:
Ignorance of law is no excuse.
Factual situation:
A fails to file his income tax returns for 10 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. What remedy does he have?
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He may take the plea that his advocate had advised him not to file the return as his income was not taxable.
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He may request the department to waive the interest and penalty.
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A must pay the tax due as ignorance of law cannot be a ground of defence.
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None of the above.
Principle
: When a person consented to an act to be done by another, he cannot claim any damages resulting from doing that act, provided the act done is the same for which consent is given.
Facts
: 'P' submitted a written consent to a surgeon 'S' for undergoing a surgical operation for removal of appendicitis. The surgeon while doing surgery also removed the gall bladder of 'A':
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'P' can claim damages from 'S'.
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'P' is not bound to pay expenses of the surgery.
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'P' is required to pay expenses for surgery for Appendicitis but not for Gall Bladder.
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'P' cannot claim damages from 'S'.
Explanation
A written consent for surgery was given by 'P' to surgeon 'S'. The consent was given only for the act of removal of appendicitis. However, 'S' also removes the gall bladder of 'A' for which no consent was given. This act was therefore carried out without the permission and approval of 'P'. In this case, 'S' acted sans valid consent. There is disobedience to the right of the patient's autonomy. (Ram Bihari Lal v Dr.J.N.Srivastave. AIR 1985 MP 150).
Study the following information and answer the question that follows:
Principle: A 'fixture' is something attached to land or a building in such a way that it is regarded as an irremovable part of the property you are considering buying. Some typical 'fixture' in a home included the hot water service, range top, wall oven, fixed floor coverings, light fittings and a bulitrin (under bench) dishwasher. Garden plants, including bushes and trees are also 'fixtures'.
Rule A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
Rule B. If a movable thing is attached to the land or any building on the land, than it becomes a 'fixture'.
Factual Situation Khaleeda wants to sell a plot of land she owns in Beghmara (Meghalaya) and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for $$Rs. 60$$ lakh. After completing the sale, she removes the expensive Iranian carpet which used to cover entire wooden floor of one of the bedrooms. The room had very little light and Khaleeda used this light-coloured radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realises this and files a case to recover the carpet from Khaleeda.
Assume that in the above fact scenario, Khaleeda no longer wants the carpet. She removes the elaborately carved door to the house after the sale has been concluded and claims that Gurpreet has no claim to the door. The door is question was part of Khaleeda's ancestral home in Nagercoil (Tamil Nadu) for more than $$150$$ years before she had it fitted as the entrance to her Beghmara house.
As a judge you would decide in favour of
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Gurpreet because when the price was agreed upon, Khaleeda did not inform her about removing the carpet
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Gurpreet because the carpet was integral to the floor of the bedroom and therefor, attached to the building that was sold
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Khaleeda because a fully-furnished house does not entail the buyer to everything in the house
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Khaleeda because by virtue of being a carpet, it was never permanently fixed to the floor of the building
Explanation
(a) is correct. The facts of the case state that the sale value includes price of fully furnished house and at the time of deal the carpet was spread in the bedroom of the house and Khaleeda did not inform the buyer about her intention of removing the carpet hence it will be assumed as a part of sale and judgment will go in favour of Gurpreet.
X went to Y's house and forget his bag which contained 1 kg sweets. Y's children consumed the sweets. Decide the liability of Y.
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Y is bound to pay the price of sweets.
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Y is not bound to pay anything.
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Y is bound to pay half the price of sweets.
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Y would not have to pay anything because X loves Y's children.
Explanation
Y is not bound to pay anything.
As there's no principle for amounting the quantity and cost. The damages can't be claimed as there is no clue about the price of the sweets eaten by Y's daughter. X needs to prove the loss he suffered, but he is unable to do so in the present situation. Hence, Y won't be liable to pay.
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal Principle: Contract is an agreement freely entered into between the parties. But when consent to an agreement is obtained to undue influence, the contract is voidable at the option of the party whose consent was so obtained.
Factual Situation: The pragya had been worked for a business man Anurag since the age of $$18$$, working for a range of Anurag's businesses. In $$2000$$, (aged $$21$$) Pragya purchased a flat. In $$2005$$, Mr. Anurag's business was facing financial difficulties, and he asked Pragya to offe up her flat as financial security against an overdraft facility for the business. In July of that year, the banks solicitors wrote to Pragya, advising that she should take Independent legal advice before putting her property up as a security for the debt. The bank also notified Pragya that the guarantee was unlimited in both time and financial amount. Having discussed the arrangement with Anurag, Pragya was unaware of the extent of the borrowing, but was assured that her mortgage would not be called upon, and that his own properties which were also used as security would be looked at first. A charge was executed over the Pragya's property in August $$2005$$. In $$2009$$, Mr.s Anurag's business went into liquidation and the bank formally demanded $$Rs. 60,24,912$$ from Pragya. Pragya raised the defence of undue influence - stating that Mr. Anurag had induced her to enter into the agreement, and the bank had full knowledge/ notice of this undue influence which should set aside the banks right to enforce the debt recovery against Pragya. Bank is contending that there is no undue influence.
Legal Principle: The acceptance must be absolute and unqualified, leaving no ground for doubt or uncertainty. If the acceptance is conditional, no valid contract is formed, and the offer can be withdrawn at any moment till the absolute acceptance has taken place within reasonable time of such offer.
Factual Situation: Delhi Government conducted an auction for the sale of license of wine shop. X offered the highest bid which was provisionally accepted "... subject to the confirmation of Chief Commissioner who may reject any bid without assigning any reasons." Since X failed to deposit the required amount, Chief Commissioner rejected the bid. The government held X liable for the difference between the bid offered by him and the highest bid accepted in reauction, and commenced proceedings for the recovery of the sum. It was contended on behalf of the government of Delhi that X was under a legal obligation to pay the difference as it was due to his default that a resale of the excise shop was ordered and hence X was liable for the deficiency in price and all expenses of such resale which was caused by his default.
Decide, giving reason, whether X is liable to make payment to the Delhi Government.
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No, X is not liable to make payment as the shop was sold to the highest bidder
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X is liable to pay because the Government of Delhi has to conduct re-auction and also suffered loss in the sale of the shop
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X is liable because his bid was accepted but he failed to deposit the required amount on time
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No, contract for sale was not complete till the bid was confirmed by the Chief Commissioner and till such confirmation: the bidder was entitled to withdraw the bid
Explanation
No, contract for sale was not complete till the bid was confirmed by the Chief Commissioner and till such confirmation; the bidder was entitled to withdraw the bid. The contract for sale was uncertain and not absolute till confirmed by the Chief Commissioner. Because it was an uncertain contract, the bidder had the choice to withdraw the bid. (smt. Sohbatdei vs Devipal And Ors AIR $$1971\ SC\ 2192, (1972) 3\ SCC\ 495, 1971\ III\ UJ\ 395\ SC)$$.
Match List I with List II.
List I
List II
A. Extradition
$$1$$. Red handed
B. Fiduciary
$$2$$. Based on faith
C. Flagrante delicto
$$3$$. To extradite a criminal
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A-$$3$$, B-$$2$$, C-$$1$$
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A-$$2$$, B-$$1$$, C-$$3$$
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A-$$3$$, B-$$1$$, C-$$2$$
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A-$$1 $$, B-$$3$$, C-$$2$$
Explanation
A-3 , B-2 , C-1.
Extradition is the procedure by which one state, upon the appeal of another, impacts the arrival of an individual for preliminary for an offence deserving of the laws of the mentioning state and submitted outside the condition of refuge.
A fiduciary is an individual or association that follows up for the benefit of someone else or people to oversee resources. It is based on faith.
Flagrante delicto is just to demonstrate
that a criminal has been trapped in the action of carrying out an offense.
A. Mala fide Fraudulent or dishonest act
B. Mens rea Hostile attitude
C.Malice Guilty mind
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A-1, B-3, C-2
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A-3, B-2, C-1
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A-2, B-1, C-3
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None of these
Explanation
A-1, B-3, C-2.
Mala fide is in dishonesty, with expectation to be untrustworthy or to delude somebody.
Mens rea is a legitimate expression used to portray the psychological express an individual must be in while carrying out a wrongdoing for it to be purposeful.
Malice is an evil
aim with respect to an individual who submits an unfair action damaging to other people.
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Practice Class 12 Commerce Legal Studies Quiz Questions and Answers
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