Topics of Law Test 30

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Topics of Law Test 30

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Question 1
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Match List I with List II.
List I List II
A. Extradition $$1$$. Red handed
B. Fiduciary $$2$$. Based on faith
C. Flagrante delicto $$3$$. To extradite a criminal

A
A-$$3$$, B-$$2$$, C-$$1$$

B
A-$$2$$, B-$$1$$, C-$$3$$

C
A-$$3$$, B-$$1$$, C-$$2$$

D
A-$$1 $$, B-$$3$$, C-$$2$$

Solution

A-3 , B-2 , C-1.
Extradition is the procedure by which one state, upon the appeal of another, impacts the arrival of an individual for preliminary for an offence deserving of the laws of the mentioning state and submitted outside the condition of refuge.
A fiduciary is an individual or association that follows up for the benefit of someone else or people to oversee resources. It is based on faith.
Flagrante delicto is just to demonstrate that a criminal has been trapped in the action of carrying out an offense.
Question 2
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Study the following information and answer the question that follows:
Principle: A 'fixture' is something attached to land or a building in such a way that it is regarded as an irremovable part of the property you are considering buying. Some typical 'fixture' in a home included the hot water service, range top, wall oven, fixed floor coverings, light fittings and a bulitrin (under bench) dishwasher. Garden plants, including bushes and trees are also 'fixtures'.
Rule A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
Rule B. If a movable thing is attached to the land or any building on the land, than it becomes a 'fixture'.
Factual Situation Khaleeda wants to sell a plot of land she owns in Beghmara (Meghalaya) and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for $$Rs. 60$$ lakh. After completing the sale, she removes the expensive Iranian carpet which used to cover entire wooden floor of one of the bedrooms. The room had very little light and Khaleeda used this light-coloured radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realises this and files a case to recover the carpet from Khaleeda.
Assume that in the above fact scenario, Khaleeda no longer wants the carpet. She removes the elaborately carved door to the house after the sale has been concluded and claims that Gurpreet has no claim to the door. The door is question was part of Khaleeda's ancestral home in Nagercoil (Tamil Nadu) for more than $$150$$ years before she had it fitted as the entrance to her Beghmara house.
Rule C. If a moveable thing is placed on land with the intention that it should become an integral part of the land or any structure on the land, it becomes a fixture. Applying Rules A and C, to the fact situations in questions $$44$$ and $$45$$, as a judge you would decide in favour of

A
Khaleeda in both situations

B
Gurpreet only in $$44$$

C
Khaleeda only in $$45$$

D
Gurpreet in both situations

Solution

(d) is correct. Looking into the case, the facts state that Khaleeda did not disclose her intention of removing the carpet or the carved door while entering into the contract thus in both cases the judgement until going in favour of Gurpreet.
Question 3
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LEGAL PRINCIPLE: A contract which is impossible to perform becomes void.
FACTUAL SITUATION: Surender agreed to deliver a specific quality of rice to Sonakshi identified by both of them. Before delivery, the rice was burnt by short circuit. Is Surender discharged from the performance of the contract?

A
Surender is discharged from performance as the subject matter of the contract is destroyed

B
Surender is discharged from performance as the subject matter has been specifically identified

C
Surender is not discharged from performance as he can procure rice from other sources

D
None of the above

Solution

Agreement to do impossible act becomes void. In the present matter surender is discharged from performance as the subject matter of the contract is destroyed.
Question 4
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A. Mala fide 1. Fraudulent or dishonest act
B. Mens rea 2. Hostile attitude
C.Malice 3. Guilty mind

A
A-1, B-3, C-2

B
A-3, B-2, C-1

C
A-2, B-1, C-3

D
None of these

Solution

A-1, B-3, C-2.
Mala fide is in dishonesty, with expectation to be untrustworthy or to delude somebody.
Mens rea is a legitimate expression used to portray the psychological express an individual must be in while carrying out a wrongdoing for it to be purposeful.
Malice is an evil aim with respect to an individual who submits an unfair action damaging to other people.
Question 5
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'Homicide' is killing of a human being by another human being. It may be __________.

A
Lawful

B
Unlawful

C
Both (A) and (B)

D
Neither (A) nor (B)

Solution

Both (A) and (B).
Homicide is nothing but the action of killing of murdering someone. All homicides are not regarded as the offences. It is not a necessary factor that it will always be a criminal act. Sometimes it is lawful as self defence or accident and unlawful as murder.
Question 6
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Principle: When a future event on which a contract is dependent is the way in which a person will act at an unspecified time, then the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time, or otherwise than under further contingencies. If the event become impossible such agreements become void.
Factual Situation: A agrees to pay B a sum of $$Rs. 1$$ if B marries D in A's lifetime. D marries E and soon thereafter. A dies. Whether an agreement between A and B could be enforced if E dies within $$1$$ year of marriage and B marries D?

A
No, the agreement has become void

B
Yes, because B married D which was so agreed between A and B

C
Yes, because essence of contract was marriage between B and D

D
Both 'b' and 'c'

Solution

Is correct. The principle ruling the given case clearly states that if the future contract is dependent on a future event and such becomes impossible than agreement becomes void now in the given case A promises to pay B if and only if B marries D in A's life time but A dies before D marries B hence the agreement between A and B stands void. Further the event of marriage between D and E is irrelevant with regard to this case.
Thus it can easily be concluded that the given assertion and reason stand individually true that 'R' is not correct explanation of 'A'.
Question 7
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Match List I with List II.
List I List II
A. Motive $$1$$. Cheque
B. Negligence $$2$$. Gross carelessness
C. Negotiable Instrument $$3$$. Purpose behind action

A
A-$$1$$, B-$$2$$, C-$$3$$

B
A-$$3$$, B-$$2$$, C-$$1$$

C
A-$$2$$, B-$$1$$, C-$$3$$

D
A-$$2$$, B-$$3$$, C-$$1$$

Solution

A-3 , B-2 , C-1 .
Motive can be characterized as some internal drive, feeling which makes an individual accomplish something or act with a specific goal in mind.
Negligence portrays a circumstance where an individual acts in a thoughtless way, which brings about another person getting injured or property being harmed.
A negotiable instrument is a marked archive that guarantees an entirety of pay to an individual or the appointee, which in this case is a cheque.
Question 8
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Consists of legal proposition(s) principle(s) (herein after referred to as 'principle') and facts. Such principle may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles those are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to testy 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. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
Principle: When a person who has made a promise to another person to do something does not fulfill his promise, the other person becomes entitled to receive, from the person who did not fulfill his promise, compensation in the form of money.
Facts: 'X' made a promise to 'Y' to repair his car engine. 'Y' made the payment for repair. After the repair, 'Y' went for a drive in the same car. While driving the car, 'Y' met with an accident due to bursting of a tyre.

A
'X' will be entitled to receive compensation from 'Y' in the form of money

B
'X' will not be entitled to receive compensation

C
'Y' will be entitled to receive compensation from 'X' in the form of money

D
'Y' money not be entitled to receive compensation from 'X'

Solution

'Y' will not be entitled to receive compensation from 'X'.
The promise made by 'X' to repair the car engine of car of 'Y' and 'Y' making the payment for the same was completed. The accident of 'Y' falls outside the purview of the promise between the two and there will be no compensation involved.
Question 9
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An act done under threat or fear is done under __________.

A
Duress

B
Dunress

C
Compulsion

D
None of the above
Question 10
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Res ispa Ioquitur means ___________.

A
no one should be condemned unheard

B
the thing speaks for itself

C
it is a principle of extradition law

D
none of these

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Re-Attempt Weekly Quiz Competition

List I	List II
A. Extradition	$$1$$. Red handed
B. Fiduciary	$$2$$. Based on faith
C. Flagrante delicto	$$3$$. To extradite a criminal

List I	List II
A. Motive	$$1$$. Cheque
B. Negligence	$$2$$. Gross carelessness
C. Negotiable Instrument	$$3$$. Purpose behind action

Topics of Law Test 30

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Topics of Law Test 30

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Question 1

A-$$3$$, B-$$2$$, C-$$1$$

A-$$2$$, B-$$1$$, C-$$3$$

A-$$3$$, B-$$1$$, C-$$2$$

A-$$1 $$, B-$$3$$, C-$$2$$

Solution

Question 2

Khaleeda in both situations

Gurpreet only in $$44$$

Khaleeda only in $$45$$

Gurpreet in both situations

Solution

Question 3

Surender is discharged from performance as the subject matter of the contract is destroyed

Surender is discharged from performance as the subject matter has been specifically identified

Surender is not discharged from performance as he can procure rice from other sources

None of the above

Solution

Question 4

A-1, B-3, C-2

A-3, B-2, C-1

A-2, B-1, C-3

None of these

Solution

Question 5

Lawful

Unlawful

Both (A) and (B)

Neither (A) nor (B)

Solution

Question 6

No, the agreement has become void

Yes, because B married D which was so agreed between A and B

Yes, because essence of contract was marriage between B and D

Both 'b' and 'c'

Solution

Question 7

A-$$1$$, B-$$2$$, C-$$3$$

A-$$3$$, B-$$2$$, C-$$1$$

A-$$2$$, B-$$1$$, C-$$3$$

A-$$2$$, B-$$3$$, C-$$1$$

Solution

Question 8

'X' will be entitled to receive compensation from 'Y' in the form of money

'X' will not be entitled to receive compensation

'Y' will be entitled to receive compensation from 'X' in the form of money

'Y' money not be entitled to receive compensation from 'X'

Solution

Question 9

Duress

Dunress

Compulsion

None of the above

Question 10

no one should be condemned unheard

the thing speaks for itself

it is a principle of extradition law

none of these

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