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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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Consists of legal proposition(s)/ principle(s) (hereinafter referred to as 'principle') and facts. Such principles 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 in the 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: Where one of the parties to a contract was in the position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate the decision of the other party.
Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment, the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.
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: Idol is a person who can hold property.
Reason: Only human being can be called person, not lifeless things.
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.
Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of Attempt: Lord Blackburn has said that "there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
'RANI' ran to a well stating that she would jump into it. and she started running towards the well but she was caught before she could reach it.
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.
Examine the Statement and Conclusions given below and choose a suitable answer from the options given:
Statement: Necessity knows no law.
Conclusions:
1. The act of a captain throwing some cargo into the ocean to save the ship from sinking is justified by the principle.
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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