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AILET entrance exam Question Bank Solutions for Legal Reasoning

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Legal Reasoning
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Where a contract has to be inferred from the conduct of parties, it is called

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................. is a one-sided contract in which only one party has to perform his promise or obligation.

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Given below is the 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: The acceptance of an offer will be valid only if it is made in the way it was expected to be made.
FACTUAL SITUATION: There was a telephonic discussion between 'J' and 'K' for negotiating the sale of the shop of former to the latter. Upon reaching an agreement as to the price of the shop of 'J' at Rs 20 lakh, 'J' told 'K' to send a letter to him within two weeks confirming that she wishes to buy the shop for the price finalized. Two days thereafter, 'K' gave her acceptance to 'J' over the telephone but sent the letter of confirmation after a lapse of one month.
ls 'J' bound by the acceptance of 'K'?
DECISION:

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The following question consists of two statements, one labelled as. 'Assertion' and the other as 'Reason'. Read both the statements carefully and answer using the codes given below.

Assertion (A): The parties to the contract must be competent to contract otherwise it will be a void contract.
Reason (R): All wagering agreements are void.

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The institutional infrastructure under the Insolvency and Bankruptcy Code, 2016, rests on certain pillars:

  1. Insolvency Professionals
  2. Information Utilities
  3. Adjudication
  4. The Insolvency and Bankruptcy Board of India
  5. Asset Construction Companies

Correct code is :

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The speaker vote in the Lok Sabha is called

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Which article provides for the office of the Attorney General of India?

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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: A violation of a legal right of someone, whether results in a legal injury or not, gives rise to an action in tort for compensation. At the same time, action by someone, which results in some loss or damage to somebody else is not actionable, if there is no violation of a right of that somebody.

Facts: AB Coaching Centre was a popular CLAT coaching academy with several good trainers. A lot of aspirants used to attend its coaching classes from all over and was making a good profit. This was going on for the past several years. During a session, T, one of the very good and popular trainers of ABCC, had some difference of opinion with the owner of ABCC and left the coaching centre. In August 2016, T started another Entrance Coaching Centre closer to ABCC which resulted in a substantial drop in its students and huge financial loss. The owner of ABCC wants to file a case against T for the loss sustained by ABCC. What do you think is the right legal position?

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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: A master shall be liable for the fraudulent acts of his servants committed in the course of employment. However, the master and third parties must exercise reasonable care in this regard.

Facts: Rahul was a door to door salesman with United Manufacturing Company (the Company). The Company was manufacturing Water Purifiers. Rahul, along with the Company’s products, used to carry Water Purifiers manufactured by his Cousin in a local Industrial Estate. He used to sell the local product at a lower rate giving the impression to the buyers that he is offering a discount on the Company’s product. Company Management detected the fraudulent activity of Rahul and dismissed him from service. Rahul still continued to carry on with his activity of selling the local product pretending that he was still a salesman of the Company. Several customers got cheated in this process. The fraud was noticed by the Company when the customer began to complain about the product. The customers demanded the Company to compensate for their loss.

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Mark the best option:
Principle:

  1. Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished.
  2. Any officer serving in the Indian Forest Service (IFS) is barred from trading in timber.

Facts: Surya, an IFS officer was appointed as Assistant Conservator of Forests of the district of MP. After serving for a few years she came to know that his father owned a plot of land dotted with a good number of trees adjoining the highway and adjacent to an industrial complex in the same district. Surya wanted to sell this plot of land so he got the trees on the plot cut and decided to sell the timber thus obtained. While he was negotiating the price of timber with few interested parties; the police appeared on the scene and arrested him based on the information given by one of Surya's seniors.

What will be Surya's liability?

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Mark the best option:
Principle: If a person below 18 years of age obtains property or goods by misrepresenting his age, he can be compelled to restore it, but only so long as the same is in his possession.
Facts: Abdullah, aged 16 years went to a furniture shop and misrepresenting his age as 19 years and identity as the son of Zaheer Bhai, the local MLA obtained an ornate stool worth Rupees one thousand on credit and promised to pay back the amount within a week. However, he sold the stool for Rupees eight hundred. Now the shop- owner seeks to recover this amount from Abdullah in lieu of the stool.

Decide Abdullah's liability.

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Intellectual Property Rights (IPR) protect the use of information and ideas that are of

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The term ‘Intellectual Property Rights’ covers

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The design does not include

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Year of Digital Millenium Copyright Act

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World Intellectual Property Day Celebrated in

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Mark the best option:
Principle: No person shall be deprived of his property save by authority of law.

Facts: The District Magistrate of Dastar district issued an order transferring all privately owned property within the two-kilometer range of the Kashti river in the district in the name of the state government for the purpose of converting the said area into an environmental green belt. The owners of the land filed a petition for quashing of the order under the principle. Will the petition succeed?

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Read both the statements carefully and answer.
Assertion (A): No action lies for mere damage caused by some act which does not violate a legal right.
Reason (R): An action lies for interference with another's legal right even where it causes no actual damage.

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Read both the statements carefully and answer.
Assertion (A): Custom to have the force of law must be followed from time immemorial.
Reason (R): Custom represents the common consciousness of the people.

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Recently, the Supreme Court allowed _______________ euthanasia and right to give advance medical directives, _____________ stating that human beings have the right to die with dignity as part of fundamental right to life.

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