AILET entrance exam Question Bank Solutions for Legal Reasoning

PRINCIPLE A principal is liable for such acts as committed in the course of an agency but is not liable for such acts as committed outside the course of the agency.

FACTS ABC, a partnership between A, B and C maintained a bank account with XYZ. As per the standing arrangement with the bank, signatures of at least two partners were required for the withdrawal of the money from the partnership account. B forged the signatures of A, which were exactly alike and withdrew a large amount of money and disappeared. In a suit brought by A and C 

PRINCIPLE The test as to whether the act done by an officer or agency of the state is a sovereign function or a function done ordinarily is dependent on the fact that an alternative person may also carry out the latter, but the former may only be carried out by the state.

FACTS In a boundary settlement dispute between India and Bangladesh, a certain territory was exchanged in pursuit of a treaty agreement. X's land which lay in the Indian enclave thus got transferred to Bangladesh, which did not recognise his proprietary rights. In a suit against the Indian Government, the likely outcome is

PRINCIPLE Vis major or an act of God entails a sudden manoeuvre by elements of nature over which we have no control.

FACTS In a bus accident where the driver died of a sudden cardiac arrest, the legal heirs of the deceased brought a suit against the bus company for not making the driver undergo the mandatory health and fitness test before giving employment. The bus company claims a defence of 'vis major'. The defence of vis major in this case shall

PRINCIPLE An unlawful action is sufficient to establish an actionable claim under the law of torts and the court need not go into the motivations behind such unlawful action.

FACTS Z, a reporter, had approached A, a famous politician, several times for an interview. Z knew that A was having an affair with his secretary. Frustrated and vengeful, z ran a cover story about the affair disclosing all the information and evidence of the affair. A in tum sued Z for defamation, stating the action was based on vendetta and malice on account of his refusal to give Z an interview. The suit against Z shall

When the master is held liable for the wrongful acts of his servant, the liability is

LEGAL PRINCIPLE 'Consent' defined as - Two or more persons are said to consent when they agree upon the same thing in the same sense.

What does 'consent' include?

LEGAL PRINCIPLE 'Free consent' defined as - Consent is said to free when it is not caused by

I. coercion as defined in Section 15
II. under influence, as defined in Section 16
III. fraud, as defined in Section 17, or
Iv. misrepresentation, as defined in Section 18
v. mistake, subject to the provisions of Sections 20, 21 and 22 Consent is said to be so caused when it would not have been given but for the existence of such coercion, under the influence, fraud, misrepresentation or mistake. 'Fraud' is defined in which Section?

LEGAL PRINCIPLE An occupier is not normally liable to a trespasser except in respect of a wilful act intended to cause him harm or done with reckless disregard.

FACTUAL SITUATION Tony, a Richman, had kept a ferocious dog to guard his house. He strictly instructed all his servants not to go near the dog. Further, a special handler was hired to take care of the dog. Visitors were warned by a prominent warning signboard about this dog.

One day, a 13 years old boy playing in the neighbourhood, running after his ball got into the house. The dog attacked him and kill him, Tony was sued for damages.

LEGAL PRINCIPLE A master will be liable for the wrongful acts of his servants in the course of employment.

FACTUAL SITUATION Maria was an old widow who opened an account with the Indian Overseas Bank, whereby she would deposit ₹5 every day in the bank. Stephen was her neighbour, who used to collect the amount and deposit them in the bank. Stephen would get a small commission from the bank for the money deposited. One day, it was discovered that Stephen who had not deposited the money for more than three months had vanished with the amount. Maria filed a suit against the Bank. 

Suit and nuisance are

Unliquidated damages mean

LEGAL PRINCIPLE A person, who lawfully brings on something but which though harmless, but mischief if it escapes, must keep it at his and if he does not, he is answerable for all the damage.

FACTUAL SITUATION 'A' was the owner of a mill. In order to supply it with water, he constructed a reservoir upon nearby land by employing engineers and contractors. 'B' was the owner of coal mines, under lands, close to but not adjoining the premises on which the reservoir was constructed. The contractors, while excavating for the bed of the reservoir, came upon abandoned shafts and filled them with soil not suspecting that they were abandoned mine shafts. The reservoir was completed and partly filled. Within days the bed of the reservoir gave way and burst, leading to the flow of water through the channels connected with B's mine. Is 'A' liable to pay damages for loss caused to 'B'?

PRINCIPLE A person is entitled to protect his property by using lawful means.

FACTS Ramlal is growing valuable vegetables and fruits on his farm and he has fenced the farm to prevent the cattle from entering into it. In addition, he has kept a ferocious dog to chase away intruding urchins and catties. Some children were playing in a nearby playground and the ball slipped into the farm. A boy running after the ball came near the fence and shouted for the ball. But when there was no response, he managed to creep into the farm to get the ball. The dog which was surreptitiously waiting attacked the boy and badly mauled him. The boy's parents filed a suit against Ramlal.

Negligence means

A person is said to be vicariously liable when

In Torts, the remedy is

In Law of Torts,

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. 

Legal Principle

1. A careless person becomes liable for his negligence when he owed a duty of care to others.

2. Valenti's non-fit injury is a defence to negligence.

Factual Situation

K was a friend of L and was teaching her to drive. Prior to such an arrangement, K had sought assurances from L that appropriate Insurance had been purchased in the event of an accident. On the third day, L was executing a simple manoeuvre at slow speed when she panicked which resulted in the car crashing into a lamp-post injuring K. L was subsequently convicted of driving without due care and attention. L denied liability to pay compensation to K on the ground of volenti non-fit injuria and also that she was just learning to drive and was not in complete control of the vehicle. Decide.

Assertion (A): In the event of a violation of any legal right (tort) the aggrieved party is entitled to recover damages as determined by the court.

Reason (R): The object of awarding damages to the aggrieved party is to put him in the same position in which he would have been in the wrong would not have been committed. Damages are, therefore, assessed on that basis. 

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.

Legal Principle: If a person brings anything dangerous on his land which may prove harmful if escapes, then that person must keep it at his peril. If a man fails to do so then he must be made responsible to all-natural consequences of its escape.

Factual situation: A grows poisonous trees on his own land and lets the projection of the branches of his trees on the B’s land. B’s cattle die because of nibbling the poisonous leaves. DECISION: