Topics of Law Test 31

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Topics of Law Test 31

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Question 1
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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 that 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 test 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 the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: Every agreement, by which any party is restricted absolutely from enforcing his right in respect of any contract, by the usual legal proceedings in the ordinary Tribunals, is void to that extent. The law also provides that nobody can confer jurisdiction to a civil court by an agreement between parties.
Facts: A and B entered into a valid contract for rendering certain services. A clause in the contract was that in case of any dispute arose out of the contract; it shall be referred to for Arbitration only. Is the contract valid?

A
The parties were trying to confer jurisdiction to some authority to decide a dispute and hence the clause would be invalid

B
Arbitration is also a valid dispute settlement machinery recognized by law and hence the entire contract is valid

C
The contract is valid but the clause regarding Arbitration is void

D
Arbitrator cannot be termed as an ordinary Tribunal. Hence, the agreement is void and would be unenforceable

Solution

Arbitration is also a valid dispute settlement machinery recognised by law and hence the entire contract is valid.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. The parties opt for a private dispute resolution procedure (Arbitration) instead of going to court.
The contract between A and B provided that in case of a dispute, it would be resolved through an Arbitration only. The contract is valid because Arbitration is a valid dispute settlement means and sis recognised by the Indian legal system.
Question 2
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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 makes such a statement which lowers other person's reputation in the estimation of other persons, is liable for committing defamation.
Facts: 'A' writes a letter to 'B' in which he uses abusive language against 'B' and also states that 'B' is a dishonest person. 'A' put the letter in a sealed envelope and delivered it to 'B'.

A
'A' has committed a moral wrong

B
'A' has not committed defamation

C
'A' has not committed moral wrong

D
'A' has committed defamation

Solution

'A' has only written abuses on a letter and puts it in a sealed envelop delivered only to 'B'. The statement did not lower reputation of 'B' in the estimation of others. There is no defamation.
Question 3
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Volenti non fit injuria means __________.

A
no wrong is done to one who consents

B
no one should be condemned unheard

C
when the thing speaks for the itself

D
it is a principle of extradition law

Solution

The above Latin phrase is a common law doctrine which denotes that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they will not be able to bring a claim against the other party in tort. 'Volenti' is also known as "voluntary assumption of risk."
Question 4
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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: If a party to a contract agrees to it under undue influence of any other party then the party under the undue influence may refuse to perform in accordance with the agreement.
Facts: A, a rich youngster became a member of a religious group and soon he was appointed by P the head of the group as his personal secretary. As per the rules of the group, all officials and staff of the group were supposed to stay in the group's official premises itself. Some days later, A was asked by P to execute a Gift deed in favour of P, in which it was mentioned that all immovable properties in his name are being gifted to P. A was unwilling to execute the deed, but he was forcefully restrained by P and his body guards in P's office and made A sign the gift deed. Soon after this A left the group and refused to hand over the property as agreed to in the gift deed. Is A's action valid?

A
It is illegal for religious groups acquire property from its members

B
A executed the deed, under compulsion and undue influence, and was right in withdrawing from the contract

C
As the gift deed was executed by A, he cannot refuse

D
As Gift is also a contract, the consent of A was not obtained by P while executing the deed

Solution

A executed the deed under compulsion and undue influence, and was right in withdrawing from the contract.
The deed was executed by A who was unwilling, under undue influence, forcefully and under compulsion. A has the right to refuse to perform the deed as it violated the terms of a valid contract. (Mahboob Khan And Ors. vs Hakim Abdul Rahim AIR $$1964$$ Raj $$250)$$.
Question 5
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The model code of conduct for political parties and candidates to be followed during the election is___________________.

A
laid down in the Constitution of India

B
specified in the Representation of the People's Act, $$1951$$

C
enjoined by the Supreme Court

D
a voluntary agreement among the recognised political parties
Question 6
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Which one of the following statements regarding the Central Vigilance Commission set up in $$1998$$ is incorrect?

A
The Commission enjoys a statutory status.

B
The Commission is a multi-member body.

C
The main focus of the Commission shall be implementation of the Prevention of Corruption Act.

D
None of the above.

Solution

The Government of India set up The Central Vigilance Commission in February, 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam, to advise and guide Central Government agencies in the field of vigilance. The Commission shall consist of:
A Central Vigilance Commissioner- Chairperson;
Not more than two Vigilance Commissioners- Members.
Question 7
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Evaluate the following statements.
I. The legal interpretation of equality is chiefly influenced by equality before law and equal protection of law.
II. Equality before law means rule of law.

A
I is correct but II is incorrect.

B
II is correct but I is incorrect.

C
Both are correct.

D
Both are incorrect.

Solution

Equality before law can also be termed as equality under the law, equality in the eyes of the law, or legal equality. This principle has been embodied under article 14 of Indian Constitution. It is one of the most essential fundamental right. It seeks to guarantee to every person the right to quality before law & equal protection of the laws.
Question 8
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Principle : There are legal provisions to give authority to a person to use necessary force against as assailant or wrong doer for the purpose of protecting one's own body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.
Facts : X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm.
They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing his pistol the dog stopped barking and started walking with the owner. However X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X plead the right of private defence.
Decide

A
Shooting a fierce dog is not to be brought under the criminal law. So the case should be dismissed.

B
As there was no guarantee that the dog would not bark again, shooting it was a precautionary measure and hence within the right available to X under law.

C
There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of right of private defence and hence liable for killing the dog.

D
The right of private defence is available to persons against assilants or wrong-doers only and a dog does not fall in this category.

Solution

There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of the right to private defence and hence liable for killing the dog. The principle provides that a person can use force against an assailant or wrong doer in self-defence when imminent danger is present. The right to private defence can only be exercised when the circumstances justify and not otherwise.
In the given question, the dog stopped barking after which X used his gun to kill the dog. Therefore, the force used by X was excessive and unnecessary.
Question 9
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Chapter XXIA of Criminal Procedure Code, which added recently, deals with_______________.

A
transfer of criminal cases

B
disposal of property

C
plea bargaining

D
bail

Solution

Ch XXIA of Criminal Procedure Code deals with plea bargaining. It is an act of arranging an understanding between the defence and the prosecution whereby the respondent confesses to a lesser offenses to at least one of the offenses charged in return for proposals.
Hence, C is the correct option.
Question 10
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Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Legal Principle:
1. Volenti non fit injura is defence to negligence.
Factual Situation: K was a friend of L and was teaching her to drive. Prior to such an arrangement, K had sought assurances from L that appropriate insurance had been purchased in the event of an accident. On the third day, L was executing a simple maneuver at slow speed when she panicked which resulted in the car crashing into a lamp-post injuring K. L was subsequently convicted of driving without due care and attention. L denied liability to pay compensation to K on the ground of volenti non fit injuria and also that she was just learning to drive and was not in complete control of the vehicle. Decide.

A
L is liable as the defence of volenti non fit injura was not applicable. Secondly, that the duty of care owed by a learner driver to the public (including passengers) was to be measured against the same standard that would be applied to any other driver

B
L is not liable as K voluntarily accompanied her

C
L is not liable as she is just learning to drive and duty of care rests upon the instructor

D
L is not liable as a learner driver do not owe a duty of care towards public ingeneral and towards the passenger in specific

Solution

L is liable as the defence of volenti non fit injuria was not acceptable. Secondly, that the duty of care owned by a learned driver to the public (including passengers) was to be measured against the same standard that would be applied to any other driver. L even though was a learner driver had a duty just like any other driver to undertake proper care towards the public and co-passengers (K). She will be held liable for the injuries caused to K. Volenti non fit injuria will not be applicable to L.

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Topics of Law Test 31

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Question 1

The parties were trying to confer jurisdiction to some authority to decide a dispute and hence the clause would be invalid

Arbitration is also a valid dispute settlement machinery recognized by law and hence the entire contract is valid

The contract is valid but the clause regarding Arbitration is void

Arbitrator cannot be termed as an ordinary Tribunal. Hence, the agreement is void and would be unenforceable

Solution

Question 2

'A' has committed a moral wrong

'A' has not committed defamation

'A' has not committed moral wrong

'A' has committed defamation

Solution

Question 3

no wrong is done to one who consents

no one should be condemned unheard

when the thing speaks for the itself

it is a principle of extradition law

Solution

Question 4

It is illegal for religious groups acquire property from its members

A executed the deed, under compulsion and undue influence, and was right in withdrawing from the contract

As the gift deed was executed by A, he cannot refuse

As Gift is also a contract, the consent of A was not obtained by P while executing the deed

Solution

Question 5

laid down in the Constitution of India

specified in the Representation of the People's Act, $$1951$$

enjoined by the Supreme Court

a voluntary agreement among the recognised political parties

Question 6

The Commission enjoys a statutory status.

The Commission is a multi-member body.

The main focus of the Commission shall be implementation of the Prevention of Corruption Act.

None of the above.

Solution

Question 7

I is correct but II is incorrect.

II is correct but I is incorrect.

Both are correct.

Both are incorrect.

Solution

Question 8

Shooting a fierce dog is not to be brought under the criminal law. So the case should be dismissed.

As there was no guarantee that the dog would not bark again, shooting it was a precautionary measure and hence within the right available to X under law.

There was no imminent danger to X as the dog stopped barking and was walking with the owner. Hence, shooting it amounted to excessive use of right of private defence and hence liable for killing the dog.

The right of private defence is available to persons against assilants or wrong-doers only and a dog does not fall in this category.

Solution

Question 9

transfer of criminal cases

disposal of property

plea bargaining

bail

Solution

Question 10

L is liable as the defence of volenti non fit injura was not applicable. Secondly, that the duty of care owed by a learner driver to the public (including passengers) was to be measured against the same standard that would be applied to any other driver

L is not liable as K voluntarily accompanied her

L is not liable as she is just learning to drive and duty of care rests upon the instructor

L is not liable as a learner driver do not owe a duty of care towards public ingeneral and towards the passenger in specific

Solution

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