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CBSE Questions for Class 12 Commerce Legal Studies Topics Of Law Quiz 7 - MCQExams.com
CBSE
Class 12 Commerce Legal Studies
Topics Of Law
Quiz 7
'Homicide' is killing of a human being by another human being. It may be __________.
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Lawful
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Unlawful
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Both (A) and (B)
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Neither (A) nor (B)
Explanation
Both (A) and (B).
Homicide is nothing but the action of killing of murdering someone. All homicides are not regarded as the offences. It is not a necessary factor that it will always be a criminal act. Sometimes it is lawful as self defence or accident and unlawful as murder.
Principle
: A person is said to do a thing fraudulently, if he does that thing with intent to defraud, but not otherwise.
Facts
: 'A' occasionally hands over his ATM card to 'B' to withdraw money for 'A'. On one occasion 'B' without the knowledge of 'A',uses 'A's ATM card to find out the balance in 'A's account, but does not withdraw any money.
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'B' has committed misappropriation.
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'B' has committed the act fraudulently
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'B' has committed breach of faith
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'B' has not committed the act fraudulently
Explanation
For fraud, it is necessary that a person intentionally makes a false statement to deceive another party and thereby induce him to enter into a contract. If the intention to deceive the party is absent, there is no fraud.
'B' does not have any intention of withdrawing money from account of 'A' without the consent of 'A" and no withdrawal has been carried out by 'B' who only checks the balance in the account (Derry v Peek (1889)LR 14 App Cas 337, UKHL1).
Principle: When a future event on which a contract is dependent is the way in which a person will act at an unspecified time, then the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time, or otherwise than under further contingencies. If the event become impossible such agreements become void.
Factual Situation: A agrees to pay B a sum of $$Rs. 1$$ if B marries D in A's lifetime. D marries E and soon thereafter. A dies. Whether an agreement between A and B could be enforced if E dies within $$1$$ year of marriage and B marries D?
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No, the agreement has become void
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Yes, because B married D which was so agreed between A and B
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Yes, because essence of contract was marriage between B and D
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Both 'b' and 'c'
Explanation
Is correct. The principle ruling the given case clearly states that if the future contract is dependent on a future event and such becomes impossible than agreement becomes void now in the given case A promises to pay B if and only if B marries D in A's life time but A dies before D marries B hence the agreement between A and B stands void. Further the event of marriage between D and E is irrelevant with regard to this case.
Thus it can easily be concluded that the given assertion and reason stand individually true that 'R' is not correct explanation of 'A'.
Principle: Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
Factual Situation: Roxanne supplies designer clothes to big showrooms and famous cloth houses. Max agrees to buy a certain consignment of only pink designer clothes for his shop due to the pink coloured theme of his famous shop. Issue cropped up when the exclusive pink coloured dresses were not delivered to Max's showroom, but to some other buyer, who had earlier contracted with Roxanne's store and all this was neither in the knowledge of Roxanne nor Max Decide whether the contract between Roxanne and Max is void?
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Yes, because Roxanne and Max were under a mistake as to matter of fact which is essential to the agreement
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No, because Max's agreement was fresh, so it is legally binding
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Yes, because an earlier commitment made by store owner to some other buyer is far more relevant than another commitment
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Roxanne and Max's contract is valid
Explanation
(d) (d) is correct. An agreement will be binding on both the parties and will remain so until anyone of the violates the terms of the agreement. In the given case what happened between Roxanne and third party does effect the agreement between Roxanne and Max. Further neither of them is planning to violate the terms of agreements so the contract stands valid.
(c) is incorrect as the agreement between Roxanne and some earlier party holds no relevance whatsoever on the validity of agreement between Roxanne and Max.
(b) is also incorrect as validity of agreement does not depend upon its freshness or staleness.
(a) is incorrect. As any commitment with any other party will not be a mistake as to the matter of fact essential to this agreement.
Match List I with List II.
List I
List II
A. Alienation
$$1$$. the transfer of property
B. Alimony
$$2$$. Written statement of allegation
C. Allegation
$$3$$. Maintenance charges to wife from husband
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A-$$1$$, B-$$3$$, C-$$2$$
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A-$$2$$, B-$$1$$, C-$$3$$
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A-$$3$$, B-$$2$$, C-$$1$$
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A-$$3$$, B-$$1$$, C-$$2$$
Explanation
A-1, B-3, C-2.
Alienation is defined as, the selling or transferring the own property to other individual.
Alimony is the pay which is paid to the wife as a compensation for maintenance by her husband.
Allegation is the believe to someone who has committed an offense.
Principle: Contract is an agreement entered into between the parties.
Factual Situation: Ramlal was a dealer in cement. The Government of India, by an order issued under the Essential Commodities Act, fixed the price of cement and also, the quantity which a person can buy from the dealer, Ramlal carried on his business under this new order for sometime, but he refused to pay sales tax on his sales transactions on the ground that these were not the contracts freely entered into by him.
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Ramlal would succeed because free consent between the parties were there despite the restriction on price and quantity
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Ramlal would not succeed because free consent between the parties were there despite the restriction on price and quantity
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Ramlal would succeed because the government under the new order, forced him to enter into contracts
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None of the above
Explanation
Option D is correct as sales tax is the tax levied by the government which is binding on all the persons encompassed under its rulings. Firstly sales tax does not come under contract law further any individual contract can't have an effect on salestax so Ramlal cannot avoid its liability to pay sales tax.
The object of which one of the following writs is to prevent a person to hold public office which he is not legally entitled to hold?
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Mandamus
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Quo warranto
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Certiorari
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Prohibition
Explanation
Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.
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Both Assertion and Reason are correct and Reason is the correct explanation for Assertion
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Both Assertion and Reason are correct but Reason is not the correct explanation for Assertion
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Assertion is correct but Reason is incorrect
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Assertion is incorrect but Reason is correct
Explanation
Both A and R are true but R is not the true explanation of A.
Certain tests or essentials have been laid down by the jurists which a custom must satisfy for its judicial recognition. One of the essentials of a valid custom is antiquity, i.e., custom should be recognised as law must be proved to be in existence from time immemorial. In Subramanian Chettiar v. Kumarappa Chettiar, custom has been defined as, "Aparticular rule which has existed from the time immemorial and has obtained the force of law in a particular locality."
Customs also represent the common consciousness of a group, its sense if what is fitting, decorous and seemly. It corresponds somewhat to the literate notion of equity, whether legal or moral.
Res ispa I
oquitur
means ___________.
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no one should be condemned unheard
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the thing speaks for itself
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it is a principle of extradition law
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none of these
Consists of legal proposition(s) principle(s) (herein after referred to as 'principle') and facts. Such principle may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: Every agreement, by which any party is restricted absolutely from enforcing his right in respect of any contract, by the usual legal proceedings in the ordinary Tribunals, is void to that extent. The law also provides that nobody can confer jurisdiction to a civil court by an agreement between parties.
Facts: A and B entered into a valid contract for rendering certain services. A clause in the contract was that in case of any dispute arose out of the contract; it shall be referred to for Arbitration only. Is the contract valid?
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The parties were trying to confer jurisdiction to some authority to decide a dispute and hence the clause would be invalid
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Arbitration is also a valid dispute settlement machinery recognized by law and hence the entire contract is valid
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The contract is valid but the clause regarding Arbitration is void
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Arbitrator cannot be termed as an ordinary Tribunal. Hence, the agreement is void and would be unenforceable
Explanation
Arbitration is also a valid dispute settlement machinery recognised by law and hence the entire contract is valid.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. The parties opt for a private dispute resolution procedure (Arbitration) instead of going to court.
The contract between A and B provided that in case of a dispute, it would be resolved through an Arbitration only. The contract is valid because Arbitration is a valid dispute settlement means and sis recognised by the Indian legal system.
A tender is ____________.
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an agreement
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a proposal
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an invitation to offer
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an offer
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.
Rule C. If a moveable thing is placed on land with the intention that it should become an integral part of the land or any structure on the land, it becomes a fixture. Applying Rules A and C, to the fact situations in questions $$44$$ and $$45$$, as a judge you would decide in favour of
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Khaleeda in both situations
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Gurpreet only in $$44$$
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Khaleeda only in $$45$$
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Gurpreet in both situations
Explanation
(d) is correct. Looking into the case, the facts state that Khaleeda did not disclose her intention of removing the carpet or the carved door while entering into the contract thus in both cases the judgement until going in favour of Gurpreet.
LEGAL PRINCIPLE: A contract which is impossible to perform becomes void.
FACTUAL SITUATION: Surender agreed to deliver a specific quality of rice to Sonakshi identified by both of them. Before delivery, the rice was burnt by short circuit. Is Surender discharged from the performance of the contract?
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Surender is discharged from performance as the subject matter of the contract is destroyed
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Surender is discharged from performance as the subject matter has been specifically identified
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Surender is not discharged from performance as he can procure rice from other sources
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None of the above
Explanation
Agreement to do impossible act becomes void. In the present matter surender is discharged from performance as the subject matter of the contract is destroyed.
Volenti non fit injuria
means __________.
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no wrong is done to one who consents
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no one should be condemned unheard
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when the thing speaks for the itself
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it is a principle of extradition law
Explanation
The above Latin phrase is a common law doctrine which denotes that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they will not be able to bring a claim against the other party in tort. 'Volenti' is also known as "voluntary assumption of risk."
Consists of legal proposition(s) principle(s) (herein after referred to as 'principle') and facts. Such principle may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles those are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to testy your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
Principle: When a person who has made a promise to another person to do something does not fulfill his promise, the other person becomes entitled to receive, from the person who did not fulfill his promise, compensation in the form of money.
Facts: 'X' made a promise to 'Y' to repair his car engine. 'Y' made the payment for repair. After the repair, 'Y' went for a drive in the same car. While driving the car, 'Y' met with an accident due to bursting of a tyre.
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'X' will be entitled to receive compensation from 'Y' in the form of money
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'X' will not be entitled to receive compensation
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'Y' will be entitled to receive compensation from 'X' in the form of money
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'Y' money not be entitled to receive compensation from 'X'
Explanation
'Y' will not be entitled to receive compensation from 'X'.
The promise made by 'X' to repair the car engine of car of 'Y' and 'Y' making the payment for the same was completed. The accident of 'Y' falls outside the purview of the promise between the two and there will be no compensation involved.
An act done under threat or fear is done under __________.
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Duress
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Dunress
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Compulsion
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None of the above
Which one of the following statements regarding the Central Vigilance Commission set up in $$1998$$ is incorrect?
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The Commission enjoys a statutory status.
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The Commission is a multi-member body.
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The main focus of the Commission shall be implementation of the Prevention of Corruption Act.
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None of the above.
Explanation
The Government of India set up The Central Vigilance Commission in February, 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam, to advise and guide Central Government agencies in the field of vigilance. The Commission shall consist of:
A Central Vigilance Commissioner- Chairperson;
Not more than two Vigilance Commissioners- Members.
Evaluate the following statements.
I. The legal interpretation of equality is chiefly influenced by equality before law and equal protection of law.
II. Equality before law means rule of law.
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I is correct but II is incorrect.
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II is correct but I is incorrect.
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Both are correct.
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Both are incorrect.
Explanation
Equality before law can also be termed as equality under the law, equality in the eyes of the law, or legal equality. This principle has been embodied under article 14 of Indian Constitution. It is one of the most essential fundamental right. It seeks to guarantee to every person the right to quality before law & equal protection of the laws.
Consists of legal proposition(s) principle(s) (herein after referred to as 'principle') and facts. Such principle may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles those are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to testy your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
Principle: When a person makes such a statement which lowers other person's reputation in the estimation of other persons, is liable for committing defamation.
Facts: 'A' writes a letter to 'B' in which he uses abusive language against 'B' and also states that 'B' is a dishonest person. 'A' put the letter in a sealed envelope and delivered it to 'B'.
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'A' has committed a moral wrong
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'A' has not committed defamation
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'A' has not committed moral wrong
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'A' has committed defamation
Explanation
'A' has only written abuses on a letter and puts it in a sealed envelop delivered only to 'B'. The statement did not lower reputation of 'B' in the estimation of others. There is no defamation.
Principle
: There are legal provisions to give authority to a person to use necessary force against as assailant or wrong doer for the purpose of protecting one's own body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.
Facts
: X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm.
They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing his pistol the dog stopped barking and started walking with the owner. However X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X plead the right of private defence.
Decide
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Shooting a fierce dog is not to be brought under the criminal law. So the case should be dismissed.
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As there was no guarantee that the dog would not bark again, shooting it was a precautionary measure and hence within the right available to X under law.
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There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of right of private defence and hence liable for killing the dog.
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The right of private defence is available to persons against assilants or wrong-doers only and a dog does not fall in this category.
Explanation
There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of the right to private defence and hence liable for killing the dog. The principle provides that a person can use force against an assailant or wrong doer in self-defence when imminent danger is present. The right to private defence can only be exercised when the circumstances justify and not otherwise.
In the given question, the dog stopped barking after which X used his gun to kill the dog. Therefore, the force used by X was excessive and unnecessary.
Which one of the following statements is correct?
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Neither the Finance Commission nor the Planning Commission is a constitutional body.
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The scope of the Finance Commission is limited to a review of the revenue segment of the budget while the Planning Commission takes an overall review embracing both capital and revenue requirements of the States.
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There is no overlapping of work and responsibility of the Finance Commission and those of the Planning Commission.
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None of these
Explanation
Finance Commission is a body set up under the Article 280 of the Constitution. Its main function is to recommend measures and methods on how revenues need to be distributed between the Centre and States.
While, Planning Commission has been replaced by a new institution named NITI Aayog. One of its main functions is to make an assessment in the material, capital and human resources of the country.
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: Pragya had been worked for a businessman 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 offer up her flat as a financial security against an overdraft facility for the business. In July of that year, the bank's 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.
Irrespective of your answer, assume it is a case of undue influence. Decide whether the bank has done enough to allay concerns of undue influence?
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The bank had not made all reasonable steps to allay themselves of the concerns regarding undue influence. The fact that; on advice from the bank, the defendant did not seek independent advice, should have been taken as confirmation of undue influence
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Yes, the Bank has advised Pragya that she should take independent legal advice before putting her property up as security for the debt
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Pragya has a duty to be aware of the consequences of her act
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Bank has done enough as it had notified Pragya that the guarantee was unlimited in both time and financial amount
Explanation
The bank had not made all reasonable steps to alloy themselves of the concerns regarding undue influence. The fact that, on advice from the bank, the defendant did not seek independent advice, should have taken as confirmation of undue influence.
The bank did not take enough steps to put concerns of undue influence at rest. The bank was already aware about the element of undue influence in this case and should have taken more appropriate steps in this regard.
Consists of legal proposition(s) principle(s) (herein after referred to as 'principle') and facts. Such principle may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles those are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to testy your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
Principle: If a party to a contract agrees to it under undue influence of any other party then the party under the undue influence may refuse to perform in accordance with the agreement.
Facts: A, a rich youngster became a member of a religious group and soon he was appointed by P the head of the group as his personal secretary. As per the rules of the group, all officials and staff of the group were supposed to stay in the group's official premises itself. Some days later, A was asked by P to execute a Gift deed in favour of P, in which it was mentioned that all immovable properties in his name are being gifted to P. A was unwilling to execute the deed, but he was forcefully restrained by P and his body guards in P's office and made A sign the gift deed. Soon after this A left the group and refused to hand over the property as agreed to in the gift deed. Is A's action valid?
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It is illegal for religious groups acquire property from its members
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A executed the deed, under compulsion and undue influence, and was right in withdrawing from the contract
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As the gift deed was executed by A, he cannot refuse
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As Gift is also a contract, the consent of A was not obtained by P while executing the deed
Explanation
A executed the deed under compulsion and undue influence, and was right in withdrawing from the contract.
The deed was executed by A who was unwilling, under undue influence, forcefully and under compulsion. A has the right to refuse to perform the deed as it violated the terms of a valid contract. (Mahboob Khan And Ors. vs Hakim Abdul Rahim AIR $$1964$$ Raj $$250)$$.
Chapter XXIA of Criminal Procedure Code, which added recently, deals with_______________.
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transfer of criminal cases
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disposal of property
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plea bargaining
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bail
Explanation
Ch XXIA of
Criminal Procedure Code
deals with plea bargaining. It is an act of arranging an understanding between the defence and the prosecution whereby the respondent confesses to a lesser offenses to at least one of the offenses charged in return for proposals.
Hence, C is the correct option.
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:
1.
1.
Volenti non fit injura is defence to negligence.
Factual Situation: K was a friend of L and was teaching her to drive. Prior to such an arrangement, K had sought assurances from L that appropriate insurance had been purchased in the event of an accident. On the third day, L was executing a simple maneuver at slow speed when she panicked which resulted in the car crashing into a lamp-post injuring K. L was subsequently convicted of driving without due care and attention. L denied liability to pay compensation to K on the ground of volenti non fit injuria and also that she was just learning to drive and was not in complete control of the vehicle. Decide.
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L is liable as the defence of volenti non fit injura was not applicable. Secondly, that the duty of care owed by a learner driver to the public (including passengers) was to be measured against the same standard that would be applied to any other driver
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L is not liable as K voluntarily accompanied her
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L is not liable as she is just learning to drive and duty of care rests upon the instructor
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L is not liable as a learner driver do not owe a duty of care towards public ingeneral and towards the passenger in specific
Explanation
L is liable as the defence of volenti non fit injuria was not acceptable. Secondly, that the duty of care owned by a learned driver to the public (including passengers) was to be measured against the same standard that would be applied to any other driver. L even though was a learner driver had a duty just like any other driver to undertake proper care towards the public and co-passengers (K). She will be held liable for the injuries caused to K. Volenti non fit injuria will not be applicable to L.
Tort means ______________.
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a wrong
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a legal wrong
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a legal civil wrong
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none of the above
Explanation
In common law jurisdictions, a tort is a civil wrong that causes a claimant to bear loss or harm resulting in legal liability for the person who commits the tortious act. Torts are grounds for lawsuits to compensate a grieving party for any damages or injuries suffered.
The report of the UPSC __________.
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is to be accepted by the Government in toto
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may be ignored without explanation
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has to be discussed in the Parliament before being accepted
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is presented to the President
Explanation
According to Article 323 of the Indian Constitution it shall be the duty of the Union commission to present annually to the President a report as to the work done by the commission and on receipt of such report the president shall lay before the parliament the report along with a memorandum explaining(in respect to certain cases) the reasons for non-acceptance of advice given by the commission and the reason for such non-acceptance.
Principle
: When a person interferes with peaceful possession of another person without the permission of the person in possession of those premises, commits trespass to land.
Facts
: 'T' just walked over the land of 'P' to reach his house as it was short cut. 'P' had displayed a notice that it is not a thoroughfare. 'P' did not cause any damage to the land.
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'T' has committed trespass to land
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'T' has created nuisance for 'P'
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'T' has not committed any trespass on the land of 'P'
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'T' has violated privacy of 'P'
Explanation
'T' has not taken permission of 'P' to walk over the land. The and has a notice informing that it is not a thoroughfare. Even though there is no damage caused to the land, 'T' has caused trespass.
Ultra vires implies ________________.
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a writ
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pending before court
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beyond one's power
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beyond one's knowledge
Principle: A citizen is expected to take reasonable duty of care while driving on the road and not to cause hurt to any person.
Factual Situation: X, the owner of a car, asked his friend Y to drive the car to his office. As the car was near his (X's) office, it hit a pedestrian P on account of Y's negligent driving and injured him seriously. P sued X for damages. Which one of the following is correct?
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X is not liable as it was the negligence of Y.
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The liability was solely of Y as X was not accompanying him.
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As Y was driving under X's care and authority, X is liable.
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X is not liable under the principle of inevitable accident.
'Tort is a civil wrong for which the remedy is common law action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation.' This definition of 'Tort' is given by _______________.
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Clerk and Lindsell
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Salmond
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Sir Frederick Pollock
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Winfield
Explanation
The definition provided by Salmond fails to appreciate the essential features of tortious acts. The definition states that, tort is a wrong but it fails to explain what is wrong and what are the types of wrongs. The expression "civil wrong" requires for further explanation.
In which case the following rule was laid: 'We think that the truth of law is that the person who for his own purposes brings on his lands and keeps there anything likely to do mischief if it escaped, must keep it in at his peril, and if he does not do so, is prima facie answerable for all the damage which the natural consequence of its escape. He can excuse himself by showing that the escape was owing to the plaintiff's default; or perhaps that the escape was the consequence of Vis major, or the act of God; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.'
The above lines relate to which case?
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Donoghue vs. Stevenson
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Rylands vs. Fletcher
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M. C. Mehta vs. Union of India
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Nicholas vs. Marsland
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.5,000 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. 3,000 per year.
Question: Can A claim damages from B for the loss caused to him?
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Yes, he can as B has violated his legal right.
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No, A has reduced the fees on his own.
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No, because though there was damage there was no legal injury.
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None of the above.
Explanation
The above case is based on the legal doctrine of Injuria sine damnum which means injury of legal rights without damage. It basically states that infringement of an absolute private right without any actual loss or damage. Here, physical damages or actual loss means loss or damage in terms of health, money, etc.
Therefore, A will not be compensated since his legal rights are not violated even though actual damage/loss is suffered.
Legal Principle: If a person brings anything dangerous on his land which may prove harmful if escapes, then that person must keep it at his peril. If a man fails to do so then he must be made responsible to all natural consequences of its escape.
Factual Situation: A grows poisonous trees on his own land and lets the projection of the branches of his trees on B's land. B's cattle die because of nibbling the poisonous leaves.
Choose the correct option.
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A is not liable to B because B must have taken due care to control his cattle.
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A is not liable to B because trees are still on A's land and there is no escape of dangerous thing.
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A is liable to B because projection of branches with poisonous leaves amounts to escape.
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A is not liable to B because he is not acting negligently.
The propounder of 'Pigeon-hole theory' is ______________.
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Salmond
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Austin
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Winfield
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Clerk and Lindsell
'Tort' which is derived from the Latin term 'tortus' which means ______.
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damage
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liabiliy
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wrong
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illegal
Explanation
The word 'tortus' denotes 'twisted' or 'cooked act' in latin. The expression 'tort' is of French Origin. It basically means a wrongful act committed by a person, causing injury or damage to another, thereby the injured party files an action in Civil Court for a remedy.
In commercial transactions, time is considered to be of the essence of the contract, and if the party fails to perform the contract within specified time, the contract becomes _____.
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Voidable at the option of the other party
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Void and cannot be enforced
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Illegal for non-compliance of legal terms
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Enforceable in higher court only
Legal Principle:
A parent is not liable for tort committed by his/her child except when the parent affords the child an opportunity to commit to the tort.
Factual Situation:
A mother takes her seven-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 in the car and while doing so 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?
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The mother is not liable because she took great care to ensure that the car would remain stationary.
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The mother is liable because she was negligent.
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The son is liable because his action caused accident.
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The pedestrian is liable as he should have been careful while walking on the road.
Explanation
In order to succeed in an action for negligence, the plaintiff must prove the following five things:
1. The defendant(mother)was under a legal duty to exercise due care and skill, as there cannot be any liability for negligence unless there is a breach of some legal duty.
2. That the duty was towards the plaintiff ( pedestrian on the road)
3. That, in the circumstances of the case, the defendant failed to perform that duty that is, the duty to exercise due care and skill( here as she left the child unattended)
4. That the breach of duty was the causa causans, that is, the direct and proximate cause, of the damage complained of. ( Unattended child= accident)
5. That the damage was caused on account of this breach of duty (accident was caused as she failed to perform her duty of looking after her child)
And also the doctrine of contributory negligence does not generally apply to children, it is no defence to say that the child itself was negligent, for negligence is a state of mind, and children are not expected to have sufficient intelligence to judge as accurately or as quickly as an adult, and also here in this case the child was just seven year old lacking the sufficient maturity and understanding.
Legal Principle: Whoever used 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?
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Mary is not liable because Maya was not hurt.
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Mary is not liable because their argument justified her action.
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Mary is not liable because it did not require any force to pull the chair out before Maya sat.
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Mary is liable because her action is not justified.
Under the rule of vicarious liability, ______________________.
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individuals are liable for the tort committed by their neighbours
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employer is liable for the torts committed by his ex-employee
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employer is not liable for the torts committed by an independent contractor
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both (a) and (b) are correct
Explanation
Vicarious liability can be defined as a legal doctrine that assigns liability for an injury to a person who did not cause the injury who has a particular relationship with the person who did act negligently. It can also be called as imputed negligence. This doctrine arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator.
However in this case the independent contractor works independently i.e. he/she is not under the control or supervision of the employer.Hence employer is not liable for the torts committed by an independent contractor.
Which of the following is/are the exception/exceptions to the strict liability rule?
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Volenti non fit injuria
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Vis major
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Statutory authority
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All of the above
Explanation
In tort law, strict liability is the imposition of liability on a party without a finding of fault (such as negligence or tortious intent). The claimant needs to only prove that tort occurred and that the defendant was responsible. The law applies strict liability to those situations it considers to be inherently dangerous.Option A,B and C are exceptions to the strict liability rule.
Inevitable accident means ___________________.
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an act of God
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an unexpected injury which could not have been foreseen and avoided
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an unexpected injury which could have been foreseen and avoided
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both (a) and (b)
Explanation
Inevitable accidents are those accidents, as evident from the name, which could not have been prevented by the parties through the exercise of ordinary care, caution, and skill. It is also known as unavoidable- accident doctrine. The doctrine of inevitable accident is a significant defence in the law of tort.
Law of tort has developed mainly through __________________.
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customs and precedents
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judicial decisions
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enactments
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all of the above
Explanation
The law of torts in India is mainly the English law of torts which itself is based on the principles of common law of England. Furthermore, the law of torts has in the main been developed by courts proceeding from the simple problems of primitive society to those of our present complex civilisation.
Conspiracy is _______________.
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a crime
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a tort
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both a crime and a tort
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neither (a) nor (b)
Explanation
The word "conspiracy" states the kinds of agreements in both civil and criminal cases, although certain elements required in each kind of case may be different. A civil conspiracy only requires that the conspirators have made some kind of agreement, either to do an illegal act or to commit a tort. But, a criminal conspiracy requires the defendant to have done something toward completing the conspiracy's goals, in addition to agreeing to do an illegal act.
The defence of volenti non fit injuria, is not available ___________________.
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if the consent is obtained by a compulsion
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if the consent is obtained by fraud
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if the consent is obtained under a mistake
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all of the above
Explanation
The defence of violent non fit injuria absolves the tort- feasor from any liability, if it is proved that the tort arose out of an informed and wilful act of the injured/aggrieved party. Hence, the consent of the injured/aggrieved party forms the essence of this defence. It is crucial that the consent must be free.
The liability of a master for acts of his servant in law of torts is called _________________.
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absolute liability
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tortious liability
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vicarious liability
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none of the above
Explanation
Vicarious Liability is a kind of strict, secondary liability that arises under the common law doctrine of agency, respondent superior, the responsibility of the superior for the acts of their subordinate or, the responsibility of any third party that had the 'right, ability or duty to control' the activities of a violator.
Easement is a right _____________________.
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in rem
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in personam
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neither (a) nor (b)
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in rem in general but in personam in exceptional cases
Explanation
Easement can be defined as a non possessory right to use and/or enter onto the real property of another without possessing it. It can be further defined as a right, which the owner of a particular land enjoys over an adjacent property, which he does not possess. It is actually a right over a property belonging to someone else and not to the person claiming easement.
The rule of strict liability is contained in ___________________.
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Donoghue vs. Stevenson
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Rylands vs. Fletcher
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Lloyd vs. Grace, Smith & Co.
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Ormord vs. Orosville Motors Service Ltd.
Explanation
Under the rule in Rylands vs. Fletcher, it was established that if an individual who allows a dangerous element on his land which, if it escapes and damages a neighbour, is liable on a strict liability basis which means that it is not necessary to prove negligence on the part of the landowner from where the dangerous substance has escaped.
Draconian means __________________.
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harsh and severe
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outdated
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not practical
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impossible
Explanation
The term Draconian is derived from the name of an Athenian law scribe Draco under whom small crimes had severe punishment. The term is generally used for those laws which are excessively severe and harsh in nature.
An official working in an organization or a government department, especially one who follows the rules of the department too strictly is called a _______________.
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bureaucrate
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bureaucrat
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buraeucrate
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buraeeucrat
Explanation
Bureaucrats are army experts or efficient public servants who run the government at ministerial levels or district levels. They hold administrative functional or
managerial
positions in government.
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Practice Class 12 Commerce Legal Studies Quiz Questions and Answers
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