Common Law Admission Test (CLAT) Exam-2016
Legal Aptitude

Follow the instructions carefully and choose the most appropriate option:
The question number 1- in this section consist of legal proposition(s) (hereinafter referrred 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 purpose of this section. In other words, in answering the following 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 towards 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.       
To answer a question, the given principle is to be applied to the given facts so as to arrive at most reasonable conclusion.
Q.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.
Ans.
1. 'D' is not liable as 'P' is not seriously injured.
2. 'D' is liable as he intentionally caused injury to P.
3. 'D' is not liable as such jokes are common in the society.
4. 'D' is not liable as the injury is not directly caused.
Q.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.
Ans.
1. Yes it is only a collateral agreement to horse racing and therefore the bank can recover the money from Sabu.
2. Horse racing is illegal and therefore XYZ Bank cannot recover anything from Sabu.
3. No, as it is as wagering contract.
4. Bank can recover money from Sabu so that payment of prize money can be made to Randeep.
Q. 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 something done or thing provided, or to restore, the thing so delivered.
Facts: Trader 'A' delivers certain eatables at 'B's house by mistake. 'B' consumed the eatables without asking anything. Which of the following derivations is correct?
Ans.
1. 'B' is bound to pay 'A' for the eatables.
2. 'B' can be made liable to pay for the eatables, only if 'A' establish as an express contract between 'A' and ''B'.
3. 'B' is not bound to pay 'A' for the eatables.
4. It is the discretion of 'B' to make payment to 'A'
Q. 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.
Ans.
1. 'B' has interfered with privacy of 'A'.
2. 'B' has committed no trespass as he entered the house with 'A's consent.
3. 'B' has offended 'A' by moving to bed room.
4. 'B' has committed trespass as there was no consent of 'A' for entry in the Bed room.
Q. 5Principle : 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.
Ans.
1. 'A' has committed theft as soon as he entered the house of 'C'.
2. 'A' has not committed theft.
3. A' has committed theft.
4. 'A' has not committed theft till 'B' did not accompany him.
Q. 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 house of 'B'.
Ans.
1. The communication of proposal is complete when 'B' reads the letter.
2. The communication of proposal is complete when A sent the letter.
3. The communication of proposal is complete when B's wife received it.
4. The communication of proposal is complete when B's wife handed over the letter to 'B'.
Q. 7Principle: 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 table which touched the hands of 'B'.
Ans.
1. 'A' is liable for his act, as the file touched 'B's hand.
2. 'A' is liable for his act, as it assaulted 'B'.
3. 'A' is liable for insulting 'B'.
4. 'A' is not liable for his act, as it was of trivial nature.
Q. 8Principle: Copyright law protects only work. 'Work' means cinematographic film but does not include performance by an actor in a cinematographic film.
Facts: Alia Bhatt acted in a movie
Ans.
1. The acting of Alia Bhatt can be protected under copyright law as professional work.
2. The acting of Alia Bhatt cannot be protected under copyright law.
3. The acting of Alia Bhatt can be protected under copyright law only as an artistic work.
4. The acting of Alia Bhatt can be protected as film producer's work.
Q. 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.
Ans.
1. The consignment will only be imported into India when it enters into the stream of commerce in India.
2. The consignment was not imported into India.
3. The consignment was imported into India.
4. The consignment will only be imported into India when it crosses the Indian custom barrier.
Q.10Principle: 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 physical 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.
Ans.
1. 'A' has caused apprehension of assault in the mind of 'B'.
2. 'A' has committed assault against 'B'.
3. A has not committed assault  against 'B'.
4. 'A' has caused fear of assault in the mind of 'B'.
Q.11Principle: Sale of liquor is illegal. All agreements relating to prohibited items do not exist in the eyes of law.
Facts: 'A' entered into an agreement with 'B' for the sale of liquor. 'A' failed to supply the agreed quantity of liquor to 'B'.
Ans.
1. 'B' can bring a legal action against 'B'.
2.'A' can bring a legal action against 'B'.
3. 'B' cannot bring any legal action against 'A'.
4. 'A' and 'B' can initiate appropriate legal proceeding against each other.
Q.12Principle: Nothing is an offence which is done by a child under twelve years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.
Facts: Himesh, 11 years old boy, picks up a gold ring worth Rs 5000/-lying on a table in his friend's house and immediately sells it for Rs 2000/-, and misappropriates the money.
Ans.
1. Himesh would not be protected under the principle stated above because, irrespective of the age, stealing is an offence.
2. Himesh would be protected under the principle stated above because he is below 12 years of age.
3. Himesh would be protected under the principle stated above because his acts show that he was not sufficiently mature to understand the nature and consequences of his conduct.
4. Himesh would not be protected under the principle stated above because his acts show that he was sufficiently mature to understand the nature and consequences of his conduct.
Q.13 Principle: One who dishonestly misappropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.
Facts: 'A' takes property belonging to 'Z' out of Z's possession, in good          faith, believing when he takes it, that the property belongs to him self. Subsequently, 'A', on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.
Ans.
1. 'A' may be guilty of theft but not for misappropriation.
2. 'A' is guilty of an offence of misappropriation.
3. 'A' is not guilty because when he took the property, he believed in good faith that it belonged to him.
4. 'A' is not guilty as the property can be recovered from the stranger.
Q.14 Principle: Letters or words not describing quality of things can be registered as a trade mark.
Facts: Ram made an application for registration of alphabet 'B' written in a fancy style as trade mark to be applied on packets and cartoons of shoes manufactured by him.
Ans.
1. The alphabet 'B' can be registered as trade mark because it describes the quality of things.
2. The alphabet 'B' cannot be registered as trade mark because it is an English letter.
3. The alphabet 'B' can be registered as trade mark.
4. The alphabet 'B' cannot be registered as trade mark because it belongs to humanity.
Q.15 Principle: Defamation is the publication of a statement which tends to lower reputation of         a person in the estimation of other members of the society generally.
Facts: 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly to 'B' in a sealed cover.
Ans.
1. 'A' is liable to 'B' for defamation, as the letter is highly offensive and derogatory and is directly sent to 'B'.
2. A' is not liable to 'B' for defamation, since there is no publication to any other person in whose estimation the reputation of 'B' could be brought down.
3. 'A' is liable to 'B' for defamation, as the letter is highly offensive and derogatory.
4. 'A' is liable to 'B' for defamation, as it has hurt his (B's) self-esteem.
Q.16 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 citizen of England, is accused of committing murder of 'B' in India by taking part in a conspiracy hatched in England.
Ans.
1. Only the fact that 'A' citizen of England is accused of committing murder of 'B' in India is relevant.
2. 'A' citizen of England cannot be tried in India.
3. Only the fact that 'A' is accused of conspiracy hatched in England is relevant.
4. The facts that 'A' citizen of England is accused of commission of murder in India and of conspiracy hatched in England are relevant facts.
Q.17 Principle: An agreement without free consent can be enforced only at the option of the party whose consent was not free.
Facts: ‘A’ obtains the consent of 'B' to enter into an agreement by putting a gun on the head of B's girl friend.
Ans.
1. 'B' can enforce the agreement.
2. 'B' cannot enforce the agreement.
3. Neither 'A' nor 'B' can enforce the aggrement.
4. 'A' can enforce the agreement.
(To be continued...)