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The Question Consists of Legal Propositions/Principles (Hereinafter Referred to as 'Principle') and Facts. These Principles Have to Be Applied to the Given - Legal Reasoning

MCQ

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.

Principle: A pact, other than a pact to commit suicide, to suffer any harm is not an offence, provided the age of the person who has given his consent to suffer harm is above eighteen years.

Facts: A enters into a pact with B, a boy of less than 18 years of age, to fence with each other for amusement. They agreed to suffer any harm which, in the course of such fencing, may be caused without foul play.

Options

  • A, while playing fairly, hurts B, A commits no offence

  • A, while playing only unfairly, hurts B, A commits an offence

  • A, while playing fairly, hurts B, A commits an offence

  • A, while playing unfairly, hurts B, A commits no offence

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Solution

A, while playing unfairly, hurts B, A commits no offence

Explanation:

The guiding principle states that a pact to suffer any harm is not an offence provided the age of a person who has given his consent to suffer harm is above 18 yrs. However, in the case presented before us "B" who has given his consent to suffer harm is a minor thus "A' even though he was playing fairly will be considered offender in the eyes of Court of Law.

Concept: Contract Law
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