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Question
Principle: When, at the desire one person, any other person has done or abstained from doing something, such act or abstinence or promise is called a consideration for the promise.
Facts: X, the uncle of Y, made a promise to pay him an amount of Rs. 1,00,000/- as a reward if Y quits smoking and drinking within one year. Y quit smoking and drinking within six months.
Options
Consideration has moved from the side of X.
Consideration has moved from the side of Y.
No consideration has moved from the side of Y.
Quitting smoking and drinking cannot be a consideration.
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Solution
Consideration has moved from the side of Y.
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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. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rule:
Whoever finds an unattended object can keep it unless the true owner claims that object. This does not affect the property owner's right to the ownership of the property on which the object is found. The right to ownership of a property does not include the right to ownership of unattended objects on that property.
Facts:
Elizabeth is the CEO of a global management services company in Chennai and is on her way to Ranchi to deliver the convocation address at India's leading business school on the outskirts of Ranchi. Flying business class on Dolphin Airlines, she is entitled to use the lounge owned by the airline in Chennai Airport while waiting for her flight. She finds a diamond ear-ring on the floor of the lounge and gives it to the staff of Dolphin Airlines expressly stating that in the event of nobody claiming the ear-ring within six months, she would claim it back. The airline sells the ear-ring after eight months and Elizabeth files a case to recover the value of the ear-ring from the airline when she is informed about its sale. To the original fact scenario, the following fact is added: In the lounge there are numerous signboards which proclaim 'Any unattended item will be confiscated by Dolphin Airlines'. In this case, you would:
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.
Legal phrase is followed by four meanings. Choose the most appropriate option:
Caveat venditor
Legal phrase is followed by four meanings. Choose the most appropriate option:
Faux pas
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