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Question
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.
Options
The alphabet 'B' cannot be registered as trade mark because it is an English letter.
The alphabet 'B' can be registered as trade mark because it describes the quality of things.
The alphabet 'B' can be registered as trademark.
The alphabet 'B' cannot be registered as trademark because it belongs to humanity.
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Solution
The alphabet 'B' cannot be registered as a trademark because it is an English letter.
Explanation:
The reasonable conclusion is drawn that the alphabet "B" cannot be registered as a trademark it is an English letter. So, "The alphabet ‘B’ cannot be registered as a trade mark because it is an English letter." is correct.
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In this Question, problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question.
Rules
A. The act of using threats to force another person to enter into a contract is called coercion.
B. The act of using influence on another and taking undue advantage of that person is called undue influence.
C. In order to prove coercion, the existence of the use of threat, in any form and manner, is necessary. If coercion is proved, the person who has been so threatened can refuse to abide by the contract.
D. In order to prove undue-influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract.
Facts
Aadil and Baalu are best friends. Aadil is the son of a multi-millionaire business person, Chulbal who owns Maakhan Pharmaceuticals. Baalu is the son of a bank employee, Dhanraj. One day, Aadil is abducted from his office by Baalu. Chulbul receives a phone call from Dhamaj telling him that if he does not make Baalu the CEO of NIaakhan Pharmaceuticals, Aadil will be killed. Chulbul reluctantly agrees to make the Baalu the CEO. Subsequently, Chulbul and Baalu sign an employment contract. However, as soon as Aadil is released and safely returns home, Chulbul tells Baala that he shall not enforce the employment contract. Baalu and Dhanraj are not sure as to what is to be done next.
As per the rules and the given facts, who coerces whom:
The 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. In other words, in answering the following question, you must not rely on any principles except the principle that is given hereinbelow for the 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 in the study of law, research aptitude, and problem-solving ability.
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The question consists of two statements, one labelled as Assertion (A) and other as Reason (R).
You are to examine the two statements carefully and select the best option.
Assertion: Attempt to commit an offence enough does not result in any harm should also be punished
Reason: A person who tries to cause prohibited harm and fails, is, in terms of moral culpability, not materially different from the person who tries and succeeds.
Principles:
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• Mere acquiescence, however, does not amount to instigation.
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Legal phrase is followed by four meanings. Choose the most appropriate option:
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Legal phrase is followed by four meanings. Choose the most appropriate option:
Autrefois convict
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Conclusions:
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2. The act of a man out of poverty and starvation stealing some food from a hotel is justified by the principle.
3. The act of a tourist killing a tiger when it was attacking a villager is justified by the principle.
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Local self-governance is an example of
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