Law - Facts and Concepts

Multiple Choice Questions

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Mr. Samay was severely hurt while working in his factory and fell unconscious. He was rushed to a hospital by his fellow workers. In the hospital (at emergency/casualty ward) the doctors opined that he should be operated immediately. While conducting preliminary examinations, he was found to be HIV positive. The doctors are in a dilemma regarding what should they do first-

 

  •  Doctors should operate first

  •  Doctors should inform his family members

  •  Doctors should inform his employers

  •  Doctors should inform his employers

A.

 Doctors should operate first

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    Principle: When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the other party may put an end to the contract.
    Facts: A engaged B on April 12 to enter his service on June 1, but on May 11, A wrote to B that his services would not be needed. On May 22, B joined C for employment. 

    • B must wait till June 1

    • B must have joined C on May 11 

    • B is not bound to wait till June 1
    • B is not bound to wait till June 1
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    Principle: Whoever desires any Court to give judgment about any legal right or liability which depends on the existence of those facts which he asserts, must prove that those facts exist.
    Facts: A asserts that B, C and D have committed an offence of criminal conspiracy and therefore A desires a Court to give judgment that B, C and D shall be punished for that crime which A says B, C and D have committed
    • A must prove that B, C, and D have committed the crime
    • B, C, and D must prove that they have not committed the crime
    • A must prove that B, C, and D were present at the place of crime
    • A must prove that B, C, and D were present at the place of crime
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    Principle: Existence of all the alleged facts is relevant whether they occurred at the same time and place or at different times and places.
    Facts: A, a permanent resident in a foreign country who never visited India, is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked and prisons are broken open.

    • The existence of all the above mentioned alleged facts is relevant

    • Only the alleged fact that A is accused of waging war against the Government of India is relevant

    • The fact that A was a permanent resident in a foreign country who never visited India is not relevant
    • The fact that A was a permanent resident in a foreign country who never visited India is not relevant
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    Principle: When a person voluntarily agrees to suffer some harm, he is not allowed tocomplain for that.

    Facts: ‘A’ was one of the spectators at a formula one car race, being held at Gurgaon, on a track owned by on e ‘M’ company. During the race, there was a collision between two racing
    cars, one of which was thrown away amidst spectators, thereby causing an injury to ‘A’. ‘A’ claims damages for the injuries caused to him
    • M company will be liable for damages because the injury was caused during the race organized by it
    • M company will not be liable for damages because A had come to see the race on his own will
    • M company will not be liable for damages because the collision between the cars was beyond its control
    • M company will not be liable for damages because the collision between the cars was beyond its control
    76 Views
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    The Right to Equality is guaranteed by-

    •  Article 14 to 18

    •  Article 14

    •  Article 14 and 15 

    •  Article 14 and 15 

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    A lady wanted to get a railway ticket but finding a crowd near the ticket window at the station, asked Raju, who was near the window, to get a ticket for her and handed him money for the same. Raju took the money and instead of getting the ticket, ran away with it. What offence has been committed by Raju?

     

    •  No offence 

    • Criminal breach of trust

    •  Criminal misappropriation 

    •  Criminal misappropriation 

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    Principle: A condition precedent must be complied with before the happening of the event to which such a condition is attached. Fulfilment of such a condition after the happening of the event is no fulfilment of condition.

    Facts: A transfers Rs. 5000 to B on condition that he shall marry with the consent of C, Dand E. As C, D and E had to go abroad for some business purposes and as the date of marriage was already fixed, therefore, B marries without the consent of C, D and E, but obtains their consent after the marriage when C, D and E return to their country
    • B has fulfilled the condition
    • B has not fulfilled the condition
    • B was free to marry anyone without the consent of anybody
    • B was free to marry anyone without the consent of anybody
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    Principle: An interest which is created on a transfer of property and depends upon thefulfillmentof a condition will fail if the fulfillment of the condition is impossible or is forbidden by lawor is of such a nature that, if permitted, it would defeat the provisions of any law or isfraudulent or involves or implies injury to the person or property of another or the courtregards it as immoral or opposed to public policy.
    Facts: A gives Rs. Ten Lacs to B on condition that B shall marry A’s daughter C. On the date
    on which A gave Rs. Ten Lacs to B, C was dead.
    •  B’s interest in Rs. Ten Lacs fails because of impossibility
    • B’s interest in Rs. Ten Lacs fails because of immorality
    • B’s interest in Rs. Ten Lacs fails because of prohibition by law
    • B’s interest in Rs. Ten Lacs fails because of prohibition by law
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    Principle: In an agreement, a condition subsequent must be complied with, to claim the benefit of that agreement
    .    Facts: A agrees to transfer a farm to B, provided that, if B does not go to England within three years after the date of the agreement, his interest in the farm shall cease. B does not go to England within the term prescribed.
    • B’s interest in the farm continues
       
       
    • B’s interest in the farm does not continue
       

    • B has a fundamental right to go to England or not to go to England and hence the condition was illegal

    • B has a fundamental right to go to England or not to go to England and hence the condition was illegal

    55 Views
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