Topics of Law Test 26

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Topics of Law Test 26

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Weekly Quiz Competition

Question 1
1 / -0

The phrase 'due process of law' means ______.

A
as ordained by statute law

B
in course of time

C
in course through courts

D
judice by tribunals

Solution

The concept of due process of law originated in English Common Law. It signifies that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards.
Question 2
1 / -0

Principle: In order to be eligible to appear in the semester examination, a student is required to attend, under all circumstances, atleast $$70$$% of the total classes held in that semester as per University rules.

Facts: Anand, an economically poor but a very brilliant student of LLB final semester, while going to his University by cycle received some leg injuries in road accident. Consequently Anand could not attend his classes for one week as he was advised rest by his doctor for that period. Due to this absence from the university, Anand failed to have $$70$$% attendance essential to appear in the examination and, therefore, he was debarred from appearing in the examination by the University authorities. Anand challenges this decision in the court of law.

Decide

A
Anand will succeed in the court of law as the accident was beyond his control.

B
Anand will definitely get favour of the court on humanitarian ground as he comes from a economically poor family and may not afford to take readmission.

C
Anand will not succeed as he could very easily fulfil eligibility criteria for appearing in the examination by being reasonably regular in the class throughout the semester.

D
Anand will succeed as requirement of $$70$$% attendance may be declared arbitrary and, therefore, unreasonable by the court of law.

Solution

If we go through the principle, then it is clearly mentioned that an attendance of $$70$$% is mandatory to appear in the examination. Anand will not succeed, because he was advised rest only for one week in the whole semester. If he was regular in attending the classes, he could have very easily fulfilled the eligibility criteria for appearing in the examination.
Question 3
1 / -0

According to Mc Naughten rules, legal insanity is quite different from medical insanity. It is relates to the ___________.

A
total loss of co-native faculties

B
total loss of cognitive faculties

C
congenital insanity

D
none of these

Solution

Insanity is fundamentally utilized in criminal cases. It depends on the suspicion that at the hour of the wrongdoing, the litigant was experiencing serious psychological problem and subsequently, was unequipped for valuing the idea of the wrongdoing and separating directly from wrong conduct, thus making them not lawfully responsible for wrongdoing.
Hence, B is the correct option.
Question 4
1 / -0

'Damages' are awarded except in one case ____________.

A
Tort

B
Breach of contract

C
Libel suit

D
Criminal conduct

Solution

The damages are intended to bring the injured party up to the monetary position that was normal from the accomplishment of the agreement. To get compensatory harms, the plaintiff needs to demonstrate that a show misfortune happened and that it was inferable from the defendant.
Hence, D is the correct option.
Question 5
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Principle: Generally an agreement without consideration is not valid. Therefore, in order to make a valid agreement, some consideration which may have some value in the eyes of law, is essentially required.

Facts: William has an older car of which he makes seldom use. He voluntarily enters into an agreement with Smith to sell this car for rupees ten thousand. Thereafter one Anson approaches William and offers to buy that car for rupees one lakh as the car was one which Anson has been searching for long. Now, William wants to cancel his agreement with Smith and refuses to deliver the car to him saying that consideration price for the car promised by Smith is negligible and therefore, agreement with him cannot be said to be valid one.

Decide

A
William can cancel his agreement with Smith as the consideration involved in that is really inadequate

B
William cannot cancel his agreement with Smith as the sale of car for rupees ten thousand was voluntary and this price has some value in the eyes of law

C
William can cancel his agreement with Smith as he was ignorant about the value/ price of the car for which it could be sold

D
William can cancel his agreement with Smith as he is entitled to get full market value/ price of his car

Solution

As per the principle mentioned in the question and also supported by the Indian Contract Act, $$1872$$ generally an agreement without consideration is not valid. In this case, William cannot cancel his agreement with Smith because the sale of car to Smith for $$Rs. 10000$$ was a voluntary act and this price or consideration has some value in the eyes of law.
Question 6
1 / -0

Unliquidated damage means _________.

A
damage to something mean

B
damage caused by a firm which has gone in liquidation

C
damage to firm in the hands of receivers

D
damage to be assessed by a Court as these are not pre-determined
Question 7
1 / -0

Mens rea is translated as ___________.

A
guilty mind

B
intention

C
evil

D
unlawful act
Question 8
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Liability is _________.

A
subjection to legal obligation

B
a responsibility

C
a duty

D
none of the above

Solution

The term 'liable' means "responsible or answerable in law; legally obligated." In such cases, the claimant is the one who seeks to establish, or prove, liability. The theory of liability has certain conditions that must be proven by the claimant before liability will be established.
Question 9
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LEGAL PRINCIPLE : The occupier of a premise owes a duty of care to all his invitees and visitor.
FACTUAL SITUATION : Radhika's brother, Akash,had come to visit at her place. After seeing her wealth. Akash decided to commit theft that night. While he was trying to escape that night he get electrocuted by the wires which were fixed on the boundary walls. Akash plans to sue Radhika. Will his claim succeed?
DECISION :

A
Yes, because in Indian tradition, guests are like Gods.

B
No, because one has to be himself cautious about his safety.

C
Yes, because it is the occupiers duty to take care of its visitors.

D
No, because he himself is guilty of theft. He is no longer an invitee or visitor.

Solution

It is not a case of easement because construction if a shed in Vijay's property also pretuding in the part of Namit's property. Moreover, easement is given for temporary period with the consent of the owner of the said property. Here, Vijay constructed the shed against the will of Namit. Therefore, this is not the case of easement.
Question 10
1 / -0

Assertion (A) : All minorities, whether based on religion or language, shall have the right to establish or administer educational institutions of their choice.
Reason (R) :Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.

A
Both A and R are true and R is the correct explanation of A.

B
Both A and R are true and R is not the correct explanation of A.

C
A is true but R is false

D
A is false but R is true

Solution

Tort is a wrongful act other than a breach of contract for which relief may be obtained in the form of damages or an injunction. The law of torts serves four objectives. First, it seeks to compensate victims for injuries suffered by the culpable action or inaction of others. Second, it seeks to shift the cost of such injuries to the person or persons who are legally responsible for inflicting them. Third, it seeks to discourage injurious careless and risky behavior in the future. Fourth, it seeks to indicate legal rights and interest that have been compromised, diminished, or emasculated.
Thus it can easily be concluded that the given assertion and reason stand individually true also reason is correct explanation of the assertion. Hence option (a) is correct.

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Topics of Law Test 26

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Topics of Law Test 26

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SHARING IS CARING

Question 1

as ordained by statute law

in course of time

in course through courts

judice by tribunals

Solution

Question 2

Anand will succeed in the court of law as the accident was beyond his control.

Anand will definitely get favour of the court on humanitarian ground as he comes from a economically poor family and may not afford to take readmission.

Anand will not succeed as he could very easily fulfil eligibility criteria for appearing in the examination by being reasonably regular in the class throughout the semester.

Anand will succeed as requirement of $$70$$% attendance may be declared arbitrary and, therefore, unreasonable by the court of law.

Solution

Question 3

total loss of co-native faculties

total loss of cognitive faculties

congenital insanity

none of these

Solution

Question 4

Tort

Breach of contract

Libel suit

Criminal conduct

Solution

Question 5

William can cancel his agreement with Smith as the consideration involved in that is really inadequate

William cannot cancel his agreement with Smith as the sale of car for rupees ten thousand was voluntary and this price has some value in the eyes of law

William can cancel his agreement with Smith as he was ignorant about the value/ price of the car for which it could be sold

William can cancel his agreement with Smith as he is entitled to get full market value/ price of his car

Solution

Question 6

damage to something mean

damage caused by a firm which has gone in liquidation

damage to firm in the hands of receivers

damage to be assessed by a Court as these are not pre-determined

Question 7

guilty mind

intention

evil

unlawful act

Question 8

subjection to legal obligation

a responsibility

a duty

none of the above

Solution

Question 9

Yes, because in Indian tradition, guests are like Gods.

No, because one has to be himself cautious about his safety.

Yes, because it is the occupiers duty to take care of its visitors.

No, because he himself is guilty of theft. He is no longer an invitee or visitor.

Solution

Question 10

Both A and R are true and R is the correct explanation of A.

Both A and R are true and R is not the correct explanation of A.

A is true but R is false

A is false but R is true

Solution

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