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Topics of Law Test 59

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Topics of Law Test 59
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Weekly Quiz Competition
  • Question 1
    1 / -0
    The contract can come under the preview of mistake if ________________.
  • Question 2
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    A basic principle of the doctrine of precedent is that ________________.
  • Question 3
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    This question consists of legal proposition(s)/principle(s) (hereinafter referred to as 'principle') and facts. Such principles 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 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 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 interferes with peaceful possession of another person without the permission of the person in possession of those premises, commits trespass to land.
    FACTS : T just walked over the land of 'P' to reach his house as it was a short cut. 'P' had displayed a notice that it is not a thoroughfare.
    'P' did not cause any damage to the land.
    Solution
    T has committed trespass to land .As he entered to the land of P without T's permission .P displayed a notice for not entering into his land .Trespass means when a person intentionally entered someone's prohibited land or area without permission .Now ,P can sue T in the court of law and T can be punished with 2-3 months of imprisonment or penalty . 
    Trespass to land is a common law tort or crime that is committed when an individual or the object of an individual intentionally (or, in Australianegligently) enters the land of another without a lawful excuse. Trespass to land is actionable per se. Thus, the party whose land is entered upon may sue even if no actual harm is done.
  • Question 4
    1 / -0
    This question consists of legal proposition(s)/principle(s) (hereinafter referred to as 'principle') and facts. Such principles 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 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 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 consented to an act to be done by another, he cannot claim any damages resulting from doing that act, provided the act done is the same for which consent is given.
    FACTS : 'P' submitted a written consent to a surgeon 'S' for undergoing a surgical operation for removal of appendicitis. The surgeon while doing surgery also removed the gall bladder of 'A'
    Solution
    Yes , P can claim damages from S . It is an example of remedies of specific performance only when it is just and equitable so to do that is where the legal remedy is inadequate or ineffective   Specific performance is not granted where monetary compensation is an adequate relief , or where the court cannot superwise the actual execution of contract or where the contract is a personal services . 
  • Question 5
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    Which are the contracts entered into by promoters on behalf of a prospectus company?

  • Question 6
    1 / -0
    A voidable contract is one which is______________.
  • Question 7
    1 / -0
    In case of breach of contract of sale of some rare article or thing for which there is no substitute in the market the court may grant
  • Question 8
    1 / -0
    This question consists of legal proposition(s)/principle(s) (hereinafter referred to as 'principle') and facts. Such principles 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 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 law.
    Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
    PRINCIPLE : There are legal provisions to give authority to person to use necessary force against an assailant or wrong-doer for the purpose of protecting one's own body and property as also another's 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 the pistol the dog stopped barking and started walking with the owner. However, X shot at the dog, the owner of the dog files a complaint against X, which is in due course reached the Magistrate Court. X pleads the right of private defence
    .Decide.
    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 of private defence and hence liable for killing the dog. 
    Section 96 to 106 of IPC deals with the right of an individual to private defence but in this case there's no danger to X from dog as dog stopped barking so the owner of dog can sue to X . 
  • Question 9
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    As per Indian contract act for coercion ______________.
  • Question 10
    1 / -0
    This question consists of legal proposition(s)/principle(s) (hereinafter referred to as 'principle') and facts. Such principles 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 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 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 falsifies something with the intent to deceive another person or entity is forgery and is a criminal act. Changing or adding the signature on a document, deleting it, using or possessing the false writing is also considered forgery. In the case of writing to fall under the definition, the material included must have been fabricated or altered significantly in order to represent something it is actually not.
    FACTS : John was a publisher of ancient books and papers. In one of his books on the World Wars, he gave photograph of some letters written by famous historic personalities. A researcher in history noted that in the pictures of some of the letters printed in the book, John had added some words or sentences in his own handwriting to give completeness to the sentences, so that the readers will get a clear picture of the writer's intention. The researcher challenges the originality of those pictures and claims that the book containing the forged letters should be banned. Examine the validity of the researcher's demand.
    Solution
    As in this case , John doesn't substituted or copied the content he just added the pictures to the document or book to make it understand better . He don't have any intention to make people believe about his content . He's just publishing it . Hence , John doesn't attempted forgery.
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