Topics of Law Test 24

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Topics of Law Test 24

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Weekly Quiz Competition

Question 1
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Principle : A citizen is expected to take reasonable duty of care while driving on the road and not to cause injuries to any person.

Facts : X, the owner of a car, asked his friend Y to drive the car to his office. As the car was near his (X's) office, it hit a pedestrian P on account 'Y's negligent driving and injured him seriously. P sued X for damages.

Two persons are said to be joint tort-feasors when ______________.

A
a person on account of his negligence gives opportunity to another for committing a tort

B
two or more persons are simultaneously involved in committing a wrong

C
a tort is committed by two or more persons or any one of them when they are engaged in furtherance of a concerted purpose

D
two persons together commit a tort
Solution
Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be jointly liable, or severally liable, or jointly and severally liable.
In the legal parlance, joint tortfeasor means two or more persons whose collective negligence in a single accident or event causes damages to another person. Joint tortfeasors may be held jointly and severally liable for damages, meaning that any of them can be responsible to pay the entire amount, no matter what proportion of responsibility each has. Hence, it is a tort is committed by two or more persons or any one of them when they are engaged in furtherance of a concerted purpose.
Question 2
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Principle : A person is liable for all the injurious consequences of is careless act.
Fact: Ram, a snake charmer, was exhibiting his talents to a group of people. One of the snakes escaped and bit a child who had to be hospitalized for two days for treatment.

A
Ram is liable to compensate the child's family for his careless act

B
Ram is not liable to anything as such things to keep happening

C
Ram is not in a position to compensate as he is poor

D
None of these.

Solution

The snake charmer is liable as because of his carelessness the child was injured. The snake charmer is under a duty to take care of the snakes and see that the snakes do not escape.
Question 3
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Principle: Vicarious liability is the liability of the Master or Principal for the tort committee by his servant or agent, provided the tort is committed in the course of employment. The Master or Principal is not liable for private wrongs of the servant/agent.
Facts 'X' hands over some cash money at his house to 'Y' who is his (X's) neighbor and is also cashier in a bank, to be deposited in A's account in the bank. Instead of depositing the money, 'Y' misappropriates it.

A
The bank would not be liable because 'Y' die not do any wrong in the course of his employment

B
The bank would be vicariously liable because 'Y' was the employee of the bank

C
The bank would not be liable because 'Y' did not do any wrong

D
The bank would be liable because 'Y' acted as bank's agent

Solution

According to the provision of law of torts on vicarious liability, a master or principal is liable for the torts committed by his servant or agent, provided the tort is committed in the course of employment.
Question 4
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Which of the following is not included within the meaning of intellectual property ?

A
Patents

B
Copyrights

C
Trade Mark

D
Property of an intellectual

Solution

Intellectual property consists of intangible property which includes creations of mind. These are the creations of human intellect such as ideas and concepts which are legally protected. Certain examples of Intellectual property are patents, copyrights and trademark, and it does not include physical property of an intellectual. Hence the correct answer is D.
Question 5
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Given below is a statement of legal principle followed by factual situation. Apply the principle to the facts and select the most appropriate answer.

PRINCIPLE: An agreement is void to the extent that it restricts absolutely, a party from enforcing his contractual rights by usual proceedings in any ordinary court.

FACTS: A and B entered into a transaction in Delhi for sale of goods based in Delhi. The contract stated that in case of a dispute, only civil courts in Chennai would have jurisdiction. Neither A, nor B resided or carried on business in Chennai.

DECIDE

A
The contract is valid since it is still an Indian court that has jurisdiction.

B
The contract is void since it ousts the jurisdiction of the competent court.

C
The contract is void since the consent of the court is required before entering into such a contract.

D
The contract is valid since Chennai courts have expertise with respect to contractual matters.

Solution

As per the provided principle option (A) is correct because the contract does not absolutely restrict the party to approach to any court, rather it just restricts the party to go to the other court. Therefore restriction was not absolute and this is a valid contract.
Question 6
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Principle A person has no legal remedy for an injury caused by an act to which he has consented.
Facts 'R', a cricket enthusiast, purchases a tickets to watch a T$$20$$ match organized by the Indian Premier League (IPL). During the match, a ball struck for six hits 'R' on his body and injures him. He sues IPL for compensation for the medical expenses.
Which of the following derivation is correct?

A
'R' should be compensated as he purchased the ticket to get entertainment and not to get injured.

B
'R' would fail in his action, as he voluntarily exposed himself to the risk.

C
IPL would be liable as it did not ensure that the spectators were protected from the risk of such injuries.

D
None of the above

Solution

According to legal maxim 'volenti non fit injuria', in the given situation R would fail in his action, as he voluntarily consents to and takes on a risk (for example, by participating in a potentially dangerous sport, such as motor racing or skiing) cannot ask for compensation for the damage or injury resulting from it.
Question 7
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Who among the following judges had never been the chairman of the Law Commission of India?

A
Justice RC Lahoti

B
Justice AR Lakshamanan

C
Justice Jeevan Reddy

D
Justice Jagnnatha Rao

Solution

Justice RC Lahoti.
He served as the 35th CJI of India. He was appointed by Dr. APJ Abdul Kalam. Law commission is not the constitutional or legislative body. Its members are comprised of several law experts. The first law commission of independent India was formed in 1955.
Question 8
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Principle: A Master is liable to third persons for every such wrong of his servant as committed in the course of service. For acts committed beyond the scope of employment, the master is liable only if he has expressly authorized the act. A owned a bus and he had hired B to drive it and C to be the conductor. One day, when B had stepped out of the bus to have a cup of coffee. C decided to turn the bus around so that it was ready for its next trip. While doing so, C ran over D's leg, causing major injuries to him. D sued A for damages.

A
D will succeed since C was employed A

B
D will not succeed since A had not authorized C to drive the bus

C
D will not succeed since the bus was not on an official trip

D
D will succeed since turning the bus was in the course of employment

Solution

A only authorized the conductor for cleaning the bus or for issuing ticket and never authorized him to drive the bus. So when conductor caused the accident and he is liable. Therefore (b) is the correct option.
Question 9
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LEGAL PRINCIPLES:
1. Bigamy is not permitted under Hindu law.
2 A Hindu of sound mind can adopt a child of the gender they don't already have a child of.
3. Only the child's father, mother or guardian has the capacity to give the child up in adoption, under Hindu law.
FACTUAL SITUATION : Ramesh comes from a family where from the past two generations; all male members have had two wives. He also wants to continue this tradition and thus he married Suman first and then Tania. Ramesh has a son,Gunjan with Suman. However, with Tania, he is childless. He thus wishes to adopt some children. Rajat is the child of Ramesh's brother. However, Rajat's parents decide to go of to Dubai for 5 years and they leave their son under the care of Ramesh's sister. Ramesh and Tania ask for Rajat in adoption from his sister who agrees and Rajat is adopted. Later, Ramesh and Sum an want to adopt a daughter as well and they do adopt a girl -Sara-from an orphanage. However, at the time of signing the adoption deed, Ramesh was dead drunk. Ramesh and his entire Sunny member are Buddhists. Keeping in mind the given principles and facts, solve the questions Is Rajat's adoption a valid adoption ?
DECISION:

A
No, because Ramesh already has a son.

B
No, because Ramesh's sister has no authority to give Rajat up in adoption.

C
Yes, it is a valid adoption because Ramesh has no child with Tania and Ramesh's sister is Rajat's guardian for 5 years at least.

D
Both (a) and (b)

Solution

There are two condition in the present scenario i.e.; a couple can adopt a child of either gender if the couple does not have a any child, or when a couple has a child like in the above case, then they can have a child of another gender (not same gender) but they Can't adopt same gender child. As Ramesh already has a male child he cannot adopt a child of same gender. Secondly, Ramesh's sister does not have right to give Rajat in adoption because Rajat's parents are alive and he is given in care of his Aunt. Therefore, her Aunt doesn't have authority to give Rajat in adoption in whatsoever.
Question 10
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A. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor's property the age of majority is twenty one.
B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that the minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.
Facts
Ajay convinces Bandita, a girl aged $$18$$ that she would sell her land to him. Bandita's mother Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming the Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus Ajay is in a difficult situation and has no idea how to recover his money from Bandita.
Which of the following is correct?

A
Ajay should be allowed to recover the money because even though there is no contract, Bandita and Chaaru should not be allowed to unjustly benefit from Ajay's money

B
Ajay should be allowed the possession of the land because Chaaru can always decide to approve the transaction between Ajay and Bandita

C
Ajay should not be allowed to recover because he induced Bandita, a minor, to sell the land

D
None of the above

Solution

Fact provide the Ajay 'induced' Bandita to sell the land even though her mother was the guardian. Thus, there was no misrepresentation on part of Bandita.

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Topics of Law Test 24

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Question 1

a person on account of his negligence gives opportunity to another for committing a tort

two or more persons are simultaneously involved in committing a wrong

a tort is committed by two or more persons or any one of them when they are engaged in furtherance of a concerted purpose

two persons together commit a tort

Solution

Question 2

Ram is liable to compensate the child's family for his careless act

Ram is not liable to anything as such things to keep happening

Ram is not in a position to compensate as he is poor

None of these.

Solution

Question 3

The bank would not be liable because 'Y' die not do any wrong in the course of his employment

The bank would be vicariously liable because 'Y' was the employee of the bank

The bank would not be liable because 'Y' did not do any wrong

The bank would be liable because 'Y' acted as bank's agent

Solution

Question 4

Patents

Copyrights

Trade Mark

Property of an intellectual

Solution

Question 5

The contract is valid since it is still an Indian court that has jurisdiction.

The contract is void since it ousts the jurisdiction of the competent court.

The contract is void since the consent of the court is required before entering into such a contract.

The contract is valid since Chennai courts have expertise with respect to contractual matters.

Solution

Question 6

'R' should be compensated as he purchased the ticket to get entertainment and not to get injured.

'R' would fail in his action, as he voluntarily exposed himself to the risk.

IPL would be liable as it did not ensure that the spectators were protected from the risk of such injuries.

None of the above

Solution

Question 7

Justice RC Lahoti

Justice AR Lakshamanan

Justice Jeevan Reddy

Justice Jagnnatha Rao

Solution

Question 8

D will succeed since C was employed A

D will not succeed since A had not authorized C to drive the bus

D will not succeed since the bus was not on an official trip

D will succeed since turning the bus was in the course of employment

Solution

Question 9

No, because Ramesh already has a son.

No, because Ramesh's sister has no authority to give Rajat up in adoption.

Yes, it is a valid adoption because Ramesh has no child with Tania and Ramesh's sister is Rajat's guardian for 5 years at least.

Both (a) and (b)

Solution

Question 10

Ajay should be allowed to recover the money because even though there is no contract, Bandita and Chaaru should not be allowed to unjustly benefit from Ajay's money

Ajay should be allowed the possession of the land because Chaaru can always decide to approve the transaction between Ajay and Bandita

Ajay should not be allowed to recover because he induced Bandita, a minor, to sell the land

None of the above

Solution

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