UG-CLAT entrance exam Important Questions

Vote on accounts is meant for.

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.

Principle: Letters or words not describing the quality of things can be registered as a trademark.

Facts: Ram made an application for registration of alphabet 'B' written in a fancy style as a trademark to be applied on packets and cartons of shoes manufactured by him.

Principle: Nothing is an offence, which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.

Facts: 'A' takes up a gun, not knowing whether it is loaded or not, points it playfully at 'B' and pulls the trigger. Consequently, 'B' falls dead.

Principle: A condition to a contract can also be complied with after the happening of the event to which such a condition is attached.

Facts: 'A' promises to pay Rs. 5000 to 'B' on the condition that he shall marry with the consent of 'C', 'D' and 'E'. 'B' marries without the consent of 'C', 'D' and 'E', but obtains their consent after the marriage.

Principles:

• A person is said to abet the doing of a thing when he instigates any other person to do that thing.

• Mere acquiescence, however, does not amount to instigation.

Facts: 'A' says to 'B': I am going to kill 'C'." And, 'B' replies: "Do as you wish and take the consequences"; whereafter 'A' kills 'C'.

Principle: Defamation is the publication of a statement that tends to lower reputation of a person in the estimation of other members of the society generally.

Facts: 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly to 'B' in a sealed cover.

Principle: Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so or to provide gratuitously, and such other person takes the benefit of that; the latter is bound to compensate the former for something is done or thing provided, or to restore, the thing so delivered.

Facts: Trader 'A' delivers certain eatables at B's house by mistake. 'B' consumed the eatables without asking anything. Which of the following derivations is correct?

Principle: Intentional application of force to another person is actionable in law.

Facts: 'P' and 'D' are unknown to each other. When 'P' is about to sit on a chair, 'D' intentionally pulls it away as a result of which 'P' falls on to the floor and is injured.

Principle: A person is said to have committed assault when apprehension is caused in the mind of a person that he is about to use physical force against his body.

Facts: 'A' abuses 'B' while he was sitting in a moving train, by aggressively shaking his fists when 'B' was standing on the railway platform at a distance.

Principle: Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.

Fact: 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bedroom of the house. 'A' sued 'B' for trespass.

Principle: Copyright law protects only work. 'Work' means cinematographic film but does not include performance by an actor in a cinematographic film.

Facts: Alia Bhatt acted in a movie.

Principle: A person, who is usually of unsound mind, but occasionally normal, may make a contract when he is not of unsound mind.

Facts: 'A' generally remains in the state of unsound mind and rarely becomes capable of understanding the things.

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 conductor for the tourist vehicle. During one trip, at the end of the journey, 'C', while 'D' was not on the driver's seat, and 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'.

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 ex ercising his vote in an assembly election. However, the candidate for whom he wanted to caste his vote won the election. Still, he ('P') brou ght an action claiming damages. Which of the following derivations is correct?

Principle: Killing is not murder if the offender, whilst deprived of the power of self­control by intense and sudden provocation, causes the death of the person who gave the provocation.

Facts: 'A', a man found his girlfriend sleeping, in her own bedroom, with another man named 'B'. 'A' did not do anything but went to his home, picked a gun and cartridges, returned to the girl friend's bedroom with a loaded gun but found the place empty. After fifteen days he saw his girlfriend dining in a restaurant. Without waiting for even a second, 'A' fired five bullets at his girlfriend who died on the spot.

Principle: Whoever does not arrest the killer and report the matter to the concerned authorities commits an offence.

Facts: 'A', a woman, sees 'B', another woman, killing a third woman 'C'. 'A' neither attempted to arrest 'B' nor informed the concerned authorities.

Principles: 

• An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for services. He undertakes to produce a given result, and in the actual execution of the work, he is not under the direct control or following directions of his employer. He may use his own discretion in execution of the work assigned.
• In general, an employer is not liable for the torts (wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.

Facts: Ramesh hired a taxi­cab to go to Delhi Airport. As he started late from his home, he kept on urging the taxi­driver to drive at a high speed and driver followed the directions; and ultimately due to high speed an accident took place causing injuries to a person.

Principle: One who dishonestly mis­appropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.

Facts: 'A' takes property belonging to 'Z' out of Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, 'A', on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.

Principle: False imprisonment is a tort (wrong) which means the total restraint of a person's liberty without lawful justification.

Facts: A part of a public road had been closed for spectators of a boat race. 'P' wanted to enter but he was prevented by 'D' and other policemen because he had not paid the admission fee. 'P' was able to enter the enclosure by other means but was unable to go where he wanted to go. The policemen refused access to where he wanted to go but allowed him to remain where he was or to go back. 'P' remained within the enclosure and refused to leave. Subsequently, 'P' sued 'D' for false imprisonment.

Principle: Import means bringing some consignment into India from a foreign country.

Facts: A consignment from Sri Lanka entered the territorial waters of India. However, this consignment never crossed the Indian custom barrier nor did it enter into the stream of commerce in India.