Topics of Law Test 22

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Topics of Law Test 22

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Weekly Quiz Competition

Question 1
1 / -0

A minor child was provided treatment in hospital by a doctor. The doctor can recover his reasonable expenses from _________.

A
can't recover as there was no contract

B
can recover from minor personally

C
can recover from guardian's of minor

D
can recover from estate of minor as it was a necessary of life - supplied to him.

Solution

According to section 68 of Indian Contract Act if a person, incapable pf entering into a contract, or any one whom he is legally bound to support,is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person.
Question 2
1 / -0

_____means "adhere to the decision and do not unsettle things which are established"

A
Stare decisis

B
Ratio decidendi

C
Obiter dicta

D
None of the above

Solution

The doctrine of judicial precedent is based on stare decisis. It means standing by previous decisions. Once a point of law has been decided in a particular case, that law must be applied in all future cases containing the same material facts.
Question 3
1 / -0

Law is an "essentially and exclusively a social fact" whose definition of law is this?

A
Duguit

B
Jeremy Benthan

C
Savigny

D
Keisen

Solution

Duguit.
Leon Duguit was a French jurist. He was one of the most popular and revolutionary legal scholar and thinker of his time. Various legal natural theories and philosophies are given by him. He has stated the law as essentially and exclusively a social fact. He also stated several theories about morality with law.
Question 4
1 / -0

Under the revised Uniform Partnership Act, which of the following have the right to inspect partnership books and records?

A
Employees

B
Former partners

C
Inactive partners

D
Transferees of partners interests
Question 5
1 / -0

When the consent of a party is obtained by fraud, the contract is ________.

A
valid

B
voidable

C
illegal

D
void

Solution

When the consent of a party is obtained by fraud, the contract is voidable reasons that can make a contract voidable include failure by one or both parties to disclose a material fact; a mistake, misrepresentation or fraud; undue influence or duress; one party's legal incapacity to enter a contract; one or more terms that are unconscionable ; or a breach of contract.
Question 6
1 / -0

Joint heirs to a property are called ____________.

A
co-heirs

B
coparceners

C
successors

D
joint owners

Solution

Joint heirs to a property are called as Coparceners. They share equal rights and liabilities over the property. The coparceners jointly inherit the property and they have unity of possession and community of interest in joint family property. Hence the correct answer is B.
Question 7
1 / -0

Principles:-
1. A master shall be liable for the fraudulent acts of his servants committed in the course of employment.
2. Whether an act is committed in the course of employment has to be judged in the context of the case.
3. Both master and third parties must exercise reasonable care in this regard.
Facts
Rama Bai was an uneducated widow and she opened a S.B. account in Syndicate Bank with the help of her nephew by name Keshav who was at that time working as a clerk in the Bank. Keshav used to deposit the money of Rama Bai from time to time and get the entries done in the passbook. After the years or so, Keshav was dismissed from the service by the Bank. Being unaware of this fact, Rama Bai continued to hand over her savings to him and Keshav misappropriated them. Rama Bai realized this only when Keshav disappeared from, the scene one day and she sought compensation from the Bank.
Possible Decisions
(a) Syndicate Bank shall be liable to compensate Rama Bai.
(b) Syndicate Bank shall not be liable to compensate Rama Bai.
(c) Rama Bai cannot blame others for her negligence.
Possible Reasons
(i) Keshav was not an employee of the Bank when the fraud" was committed.
(ii) The Bank was not aware of the special arrangement between Rama Bhai and Keshav.
(iii) It is the Bank's duty to take care of vulnerable customers.
(iv) Rama Bhai should have checked about Keshav in her own interest.
Your decision with the reason.

A
(a)(iii)

B
(c)(iv)

C
(b)(ii)

D
(b)(i)

Solution

The bank is not liable to compensate. The bank was unknown of the fact of Rama Bhai and Keshav. A servant is locked in less than a contract of administrations though a self employed entity is locked in less than a contract for administrations. The obligation of the business for the wrongs submitted by his servant is more difficult than his risk in regard of wrongs submitted by a self employed entity. In the event that a servant does an unfair demonstration over the span of his business, the master is at risk for it. The servant, obviously, is additionally obligated.
Hence, C is the correct option.
Question 8
1 / -0

Custom as a source has a very inferior place in the ____________________.

A
Hindu law

B
Judicial decision

C
Criminal law

D
Mohammedan law
Question 9
1 / -0

In pari delicto means ________________.

A
where the lawyer is at fault

B
where the judge is at fault

C
where the petitioner is at fault

D
where both parties to a dispute are equally at fault

Solution

In pari delicto is a Latin legal maxim.
It means that both parties are in equal fault regarding the dispute.
The legitimate doctrine of "In Pari Delicto" stops a functioning who took an interest in illicit conduct or unfortunate behavior from recovering harms for a misfortune resulting from the offense.
Hence, D is the correct option.
Question 10
1 / -0

Conspiracy is ____________.

A
absconding from the police

B
a secret plan to commit a crime

C
disobeying the criminal process

D
wilful deceiving of the fact

Solution

Option (b) is correct. An agreement between two or more persons to engage jointly in a unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of factors like intention to break the law or a plan to break the law.

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Topics of Law Test 22

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Topics of Law Test 22

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Rank

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SHARING IS CARING

Question 1

can't recover as there was no contract

can recover from minor personally

can recover from guardian's of minor

can recover from estate of minor as it was a necessary of life - supplied to him.

Solution

Question 2

Stare decisis

Ratio decidendi

Obiter dicta

None of the above

Solution

Question 3

Duguit

Jeremy Benthan

Savigny

Keisen

Solution

Question 4

Employees

Former partners

Inactive partners

Transferees of partners interests

Question 5

valid

voidable

illegal

void

Solution

Question 6

co-heirs

coparceners

successors

joint owners

Solution

Question 7

(a)(iii)

(c)(iv)

(b)(ii)

(b)(i)

Solution

Question 8

Hindu law

Judicial decision

Criminal law

Mohammedan law

Question 9

where the lawyer is at fault

where the judge is at fault

where the petitioner is at fault

where both parties to a dispute are equally at fault

Solution

Question 10

absconding from the police

a secret plan to commit a crime

disobeying the criminal process

wilful deceiving of the fact

Solution

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