Legal Aptitude : Law - Facts and Concepts

The temporary release of convicted prisoner from jail for a fixed period is called-

•  Bail 

•  Parole 

• Acquittal 

• Acquittal 

Governor of a state can make Laws during the recess of state legislative Assembly through…………

• Act 

• Bills

• Notification

• Ordinance

Choose the best option for the following statement:

The distinction between fraud and misrepresentation:

1. Fraud is more or less intentional wrong, whereas misrepresentation be quite innocent.

2. In addition to rendering the contract voidable, is a cause of action in tort for damages, Simple misrepresentation is not a tort but a person who rightfully rescinds a contract is entitled compensation for any damages which he has sustained through the non-fulfillment of the contract.

3. A person complaining of misrepresentation can be met with the defences that he had “the means of discovering the truth with ordinary diligence” But excepting fraud by silence in other cases of fraud it is no defence that “the plaintiff had the means of discovering the truth by ordinary diligence”.

•  1 is correct 
• 1 & 2 are correct
•  1, 2 & 3 are correct
•  1, 2 & 3 are correct

PRINCIPLE: Agreements, the meaning of which is not certain, or capable of being made certain, are void.

FACT: A horse was bought for a ceratin price coupled with promise to give Rs. 500 more if the horse proved lucky.

• This is a valid agreement
•  This agreements is void for uncertainty because it is very difficult to determine what luck, bad or good, the horse had brought to the buyer.
• The agreement is partially valid and partially void.
• The agreement is partially valid and partially void.

PRINCIPLE: A person in said to be sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect up on his interests.

FACT: Mr. X who is usually of sound mind, but occasionally of unsound mind enters into a contract with Mr. When he is of unsound mind, Y came to know about this fact afterwards and now wants to file a suit against Mr. X.

• Mr. X cannot enter into contract because he is of unsound mind when he entered into contract.
• Mr. X can enter into contract but the burden is on the other party to prove that he was of unsound mind at the time of contract.
• Mr. X can enter into a contract but burden is on Mr. X to prove that he was of unsound mind at the time of contract.
• Mr. X can enter into a contract but burden is on Mr. X to prove that he was of unsound mind at the time of contract.

• She is not guilty of attempt to commit suicide because shet might have changed her mind before jumping into the well.
•  She is guilty of attempt to commit suicide.
• Right to life includes rights right to die hence a person should not be held responsible for attempt to commit suicide.
• Right to life includes rights right to die hence a person should not be held responsible for attempt to commit suicide.

• JAM is guilty for attempt to murder his wife.
• JAM is guilty for attempt to murder his wife.
• JAM is not guilty for attempt to murder his wife as she always had option to escape.
• JAM is not guilty for attempt to murder his wife as she always had option to escape.

For Questions 30 - 33

Read the definition and elements of the attempt, apply them on the given situations and answer the question:

Definition 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 ended in the crime if not interrupted, there is Cleary an attempt to commit the crime.”

1. Fault element: Intention or knowledge requisite for committing an offence; 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 fails in object because to facts not known to him or because of circumstances beyond his control.

 ’SINY’ with an intention to pick-pocket his hand into MINU’s pocket, MINU had loaded pistol in his pocket. The thief touches the pistol and trigger goes on, whereby MINU is shot dead.

• SINY will be liable only for attempting to pick-pocket and not killing because she cannot be treated differently from all other pick-pockets who steal under exactly similar circumstances and same intention, with no rick of causing death and with not greater care to avoid it.
• SINY will be liable for attempting to murder.
• SINY will be liable for culpable homicide not amounting to murder as his interntion was definitely not to kill
• SINY will be liable for culpable homicide not amounting to murder as his interntion was definitely not to kill

 PRINCIPLE: A master is liable for the acts committed by his servant in the course of employment.

FACT: Sanjay is a driver working in Brooke bond and co. one day, the Manager asked him to drop a customer at the airport and get back at the earliest. On his way back from the airport, he happened to see his fiancé Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be closed to his office. She got into the car and soon thereafter; the car somersaulted due to the negligence to Sanjay. Ruhina was thrown out of the car suffered multiple injuries. She seeks compensation from Brooke bond and Co.

• Brooke bond and Co. shall be liable, because Sanjay was in the course of employment at the time of accident.
•  Brooke bond and Co. Shall not be liable, Sanjay was not in the course of employment when he took Ruhina inside the car.
• Ruhina got into the car at her own risk, and therefore, she cannot sue anybody.
• Ruhina got into the car at her own risk, and therefore, she cannot sue anybody.

 PRINCIPLE: When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.

FACT: “Ramanuj telegrammed to the Shyamsunder, writing.” will you sell me your Rolls Royce Car? Telegram the lowest cash price “Shyamsunder replied too by telegram: ‘Lowest price for CAR is Rs. 20 Lacs, asked by you’ Now Shyams under refused to sell the Car.

• He cannot refuse to sell the CAR because the contract has already been made.
•  He can refuse to sell the CAR because it was only invitation to offer and not the real offer.
•  It was not a valid offer because willingness to enter into a contract was absent.
•  It was not a valid offer because willingness to enter into a contract was absent.