CLAT LLM Test Paper #06

  • December 13, 2016
  • 9:13 am
  • Rakesh Singh Bhadoriya

Clat llm

1. LEGAL PRINCIPLE: Theft is the dishonest moving of property moving of property with the intention of taking it out from the person’s possession without his consent.
FACTUAL SITUATION: Naman wants to put on Levis jeans and a Monte Carlo sweater on the Christmas night. But, both the clothes are dirty. He therefore gives them to a dry cleaner for, dry cleaning. He is told to collect the clothes after two days from the shop. When he reaches the shop after two days, he finds that he does not have enough money to pay to the dry cleaner. But since due to winter he needs the sweater desperately, he surreptitiously places the sweater near his other goods so that he can quickly take it without the knowledge of the dry cleaner.
a) Naman is guilty of theft.
b) Naman is not guilty of theft.
c) Naman is not guilty of theft but he must pay the dry cleaning charges.
d) Naman is partly guilty of theft
Ans- (a)

2. PRINCIPLE: A careless person becomes liable for his negligence when he owned a duty of care to others.
FACTUAL SITUATION: As the bus was leaving the platform, Kashish rushed and boarded the bus keeping the door open. Ashish, who was standing at the edge of the platform, was hit by the door of the moving bus and injured. Ashish claims compensation from Kashish.
(a) Kashish is liable to Ashish for not having taken care to close the door of the moving bus.
(b) Kashish is not liable to Ashish as it was the duty of the conductor of the bus to close the door.
(c) Kashish is not liable to Ashish, as it was the duty of the latter, to take sufficient care, while standing on the platform, as not to expose oneself to such accident harm.
(d) None of the above.
Ans- (a)

3. LEGAL PRINCIPLE: Time is the essence of a contract.
FACTUAL SITUATION: Ghantewala is the oldest and most reputed sweet-shop in Delhi. It requires large quantities of sugar for making sweets. Ghantewala plans to sell some new, unique and delicious items of sweets on the eve of New Year, 2004. Therefore it places an order to M/s. ABC Sugar Company, Meerut, for Supply of 1,000 tonnes of top-quality- sugar. But, it does not receive the sugar till 1st of January, 2004. The consignment of sugar does reach the sweets-shop, but on 5th of January, 2004. Due to delay in supply of sugar, Ghantewala incurs heavy losses in business.
(a) Ghantewala can claim damages from M/s. ABC Sugar Company, Meerut.
(b) Ghantewala cannot claim damages from M/s. ABC Sugar Company, Meerut, because the company did supply the sugar and performed the contract.
(c) Both the parties can claim damages from each other because both the parties incurred losses.
(d) None of the parties is entitled to damages because the contract was not clear.
Ans- (a)

4. In India the Election Commission consists of
(a) 2 members
(b) 3 members
(c) 5 members
(d) None of the above
Ans- (b)

5. “Exemplary Damages” is related to
(a) Damages awarded to set an example
(b) Damages of loss arising in special circumstances
(c) Damages fixed by the court in ordinary circumstances
(d) None of the above.
Ans- (a)

6. A party who suffers loss as a result of breach of contract can, in the usual course, claim
(a) Ordinary damages
(b) Exemplary damages
(c) Special damages
(d) Penal damages
Ans- (a)

7. _____________ are those offences which are punishable with imprisonment for two years or less. These offences can be compromised between the parties.
(a) Compoundable offences
(b) Non-compoundable offences
(c) Bailable offences
(d) Non-cognizable offences
Ans- (a)

8. There are four stages in the commission of a crime: intention, preparation, attempt and commission. The attempt to commit a crime is
(a) punishable
(b) not punishable
(c) not ordinarily punishable
(d) None of the above

Ans- (a)

9. A master is liable for the wrongs committed by his servants. It is called:
(a) joint liability
(b) vicarious liability
(c) concurrent liability
(d) civil liability
Ans- (b)

10. The Supreme Court of India has been granted power of Judicial Review, a feature which was borrowed from the Constitution of:
(a) Britain
(b) U.S.A.
(c) Switzerland
(d) France
Ans- (b)

11. The Law of Torts has largely developed through
(a) Judicial decisions
(b) Customs
(c) Legislations
(d) None of the above
Ans- (a)

12. How many persons are required to be nominated by the President to the Rajya Sabha?
(a) 8
(b) 10
(c) 12
(d) 14
Ans- (c)

13. In criminal law intention is an essential constituent of offence. In Law of Torts
(a) Intention is relevant
(b) Intention is irrelevant
(c) Intention is relevant only in some torts
(d) None of the above
Ans- (b)

14. ‘P’ offers to shell his car to ‘Q’ for Rs.50,000/- ‘Q’ agrees to buy the car offering Rs.45,000/- the reply of ‘Q’ amount to
(a) Offer
(b) Counter offer
(c) Invitation to an offer
(d) Standing offer
Ans- (b)

15. An agreement made to sell a cargo of Corn which was not in existence at the time of contract is.
(a) Voidable at the option of the either party
(b) A valid agreement
(c) A void agreement
(d) An enforceable agreement
Ans- (c)

16. If a newspaper published a defamatory article written by ‘X’, who can be sued?
(a) Publisher of that newspaper
(b) Printer of that newspaper
(c) Mr. X only
(d) Mr. X, Printer, Publisher and Editor
Ans- (d)

17. The Supreme Court of India was set up:
(a) By the Constitution
(b) By a law of Parliament
(c) By a Presidential order
(d) None of the above
Ans- (a)

18. The Council of Ministers is jointly responsible to:
(a) The Prime Minister
(b) The Vice-President
(c) The President of India
(d) Lok Sabha
Ans- (d)

19. Legal Principle: Whoever, a doctor harbours or protects an enemy shall be punished with death.
Facts: Sylvia, a doctor treats a wounded man and makes him well. Later, it emerges that the wounded man was actually an enemy
General Decision: Is the sentence of death appropriate in this case?
(a) No, because death penalty has been abolished in India?
(b) No, because death penalty is awarded only in the rarest cases and this penalty is too harsh in this case
(c) No, because Sylvia did not harbour or protect the wounded man, she merely treated him.
(d) No, because whatever Sylvia she did not do knowingly
Ans- (d)

20. Legal Principle: Everyone has the right to defend their life and property against criminal harm provided it is not possible to approach public authorities and more harm than that is necessary has not been caused to avert the danger.
Facts: The farm of X on outskirts on the Delhi was attacked by a gang of armed robbers. X without informing the police, at first warmed the robbers by firing in the air. As they were fleeing from the farm, he fired and killed one of them. At the trial
I. X can avail the right of private defence as he was defending his life and property
II. X cannot avail the right as he failed to inform the police
III. X cannot avail the right as he caused more harm than was necessary to ward off the danger
IV. X can avail of the right as at first he only fired in the air.

(a) and IV
(b) II only
(c) II and III
(d) IV only
Ans- (c)