Principle : Consent is a good defence in a civil action for tort

Subject

Legal Aptitude

Class

CLAT Class 12

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 Multiple Choice QuestionsMultiple Choice Questions

1.

Principle : Intentional application of force to another person is action able in law.
Facts : 'P' and 'D' are unknown to each other. When 'P' is about to sit on a chair, 'D' intentionally
pulls it away as a result of which 'P' falls on the floor and is injured.

  • 'D' is not liable as 'P' is not seriously injured.

  • 'D' is liable as he intentinally caused injury to P

  • D' is not liable as such jokes are common in the society.

  • D' is not liable as such jokes are common in the society.

111 Views

2.

Principle :
1. Wagering agreement are void.
2. Collateral agreement to wagering contracts are valid.
Facts : XYZ Bank lends Rs. 40,000 to Sabu in order to enable him to award as prize to Randeep who is the winner of horse race. Later Sabu refused to pay the prize stating that horse racing is wagering agreement. Can XYZ Bank recover money from Sabu.

  • Yes it is only a collateral agreement to horse racing and therefore the bank can recover the money from Sabu

  • Horse racing is illegal and therefore XYZ Bank cannot recover anything from Sabu.

  • No, as it is as wagering contract.

  • No, as it is as wagering contract.

88 Views

3.

Principle : Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so or to provide gratuitously, and such other person takes the benifits of that; the latter is bound to compensate the former for somethind done or thing provided, or ot restore, the thing so delivered.

Facts: Trader 'A' delivers certain eatables at 'B's house by mistake. 'B' consmed the eatables without asking anything. Which of the following derivations is correct?

  • 'B' is bound to pay 'A' for the eatables.

  • 'B' can be made liable to pay for the eatables, only if 'A' establish as an express contract between 'A' and ''B'.

  • 'B' is not bound to pay 'A' for the eatables.

  • 'B' is not bound to pay 'A' for the eatables.

70 Views

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4.

Principle : Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.

Facts : 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bed room of the house. 'A' sued 'B' for trespass.

  • 'B' has interfered with privacy of 'A'.

  • 'B' has committed no trespass as he entered the house with 'A's consent.

  • 'B' has offended 'A' by moving to bed room.

  • 'B' has offended 'A' by moving to bed room.


D.

'B' has offended 'A' by moving to bed room.

56 Views

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5.

Principle : Whoever takes away any moveable thing form the land of any person without that person's consent, he is said to have committed theft.
Facts : During his visit to the house of 'C', 'A' asked 'B' the son of 'C', to accompany 'A' to the forest. Neither 'A' nor 'B' informed 'C' in this regard. 'B' accompanied 'A' to the forest.

  • 'A' has committed theft as soon as he entered the house of 'C'.

  • 'A' has not committed theft.

  • A' has committed theft.

  • A' has committed theft.

50 Views

6.

Principle: The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.
Facts : 'A' sent a letter making a proposal to 'B' to purchase the hous e of 'B'.

  • The communication of proposal is complete when 'B' reads the letter.

  • The communication of proposal is complete when A sent the letter.

  • The communication of proposal is complete when B's wife received it.

  • The communication of proposal is complete when B's wife received it.

56 Views

7.

Principle: Law does not penalise for wrongs which are of trivial nature.
Facts: In the course of a discussion, 'A' threw a file of papers at the t able which touched the hands of 'B'.

  • 'A' is liable for his act, as the file touched 'B's hand.

  • 'A' is liable for his act, as it assaulted 'B'.

  • 'A' is liable for insulting 'B'.

  • 'A' is liable for insulting 'B'.

57 Views

8.

Principle: Copyright law protects only work. 'Work' means cinemato graphic film but does not include performance by an actor in a cine matographic film.
Facts: Alia Bhatt acted in a movie

  • The acting of Alia Bhatt can be protected under copyright law as professional work.

  • The acting of Alia Bhatt cannot be protected under copyright law.

  • The acting of Alia Bhatt can be protected under copyright law only as an artistic work

  • The acting of Alia Bhatt can be protected under copyright law only as an artistic work

54 Views

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9.

Principle: Import means bringing some consignment into India from a foreign country.
Facts: A consignment from Sri Lanka entered the territorial waters of India. However, this consignment never crossed the Indian custom barrier nor did it enter into the stream of commerce in
India.

  • The consignment will only be imported into India when it enters into the stream of commerce in India.

  • The consignment was not imported into India.

  • The consignment was imported into India.

  • The consignment was imported into India.

69 Views

10.

Principle: A person is said to have committed assault when an apprehension is caused in the mind of a person that he is about to use ph ysical force against his body.
Facts: 'A' abuses 'B' while he was sitting in a moving train, by aggressively shaking his fists when 'B' was standing on the railway platform at a distance.

  • 'A' has caused apprehension of assault in the mind of 'B'.

  • 'A' has committed assault against 'B'.

  • A has not committed assault against 'B'.

  • A has not committed assault against 'B'.

77 Views

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