Topics of Law Test 68

Question 1
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A owned a truck and he had hired B to drive it. On one of its trips, C flagged the truck down and asked to be dropped to a nearby city. B agreed to do so for a small amount of money. The truck met with an accident en route, in which C was badly injured. C sued in for damages.

A
A will be liable since B did the act in the course of his employment

B
A will be liable since he had not instructed B not to pick up passengers

C
A will not be liable since taking passengers in a truck had no connection with his business

D
A will not be liable because B was an experienced driver

Question 2
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When property is in possession of.a person other than the owner, the owner is in ____________.

A
Dispossession

B
Unpossession

C
Adverse possession

D
None of the above.

Question 3
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The BCCI decided to hold an auction to sell IPL teams. 12 bidders registered for the auction. Unknown to the BCCI, these 12 bidders had entered into a contract that they would not bid more than a certain amount.

A
The contract will be void because BCCI is not a party to it

B
The contract will be void since the object of the contract is to cause a loss to the BCCI

C
The contract will be void since the maximum number of parties to contract as per Indian law is 10

D
The contract will be valid

Question 4
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PRINCIPLE: Ignorance of law is no excuse.
FACTS: A fails to file his income-tax returns for ten years. The Income-tax department issues to him notice to show cause why proceedings should not be initiated against him for the recovery of the income-tax due from him with interest and penalty.
ADVISE.

A
He may take the plea that his advocate had advised him not to file the return as his income was not taxable

B
He may request the department to waive the interest and penalty

C
A must pay the tax due as ignorance of law cannot be ground of defence

D
None of the above

Question 5
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Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: If a person without any authority prevents a person to proceed in any direction and is kept confined, he commits an offence of criminal confinement.
FACTUAL SITUATION: The municipality allowed a special permit to hold a marriage party blocking a part of a public road. The marriage party blocked most of the roads and did not allow X, a passer-by, to cross the road. He brings a charge of criminal confinement against the head of the marriage party and other associates. Can X succeed?
DECIDE.

A
X cannot succeed because the head of marriage party has got previous authority from the Municipality and his blocked part of public road.

B
X can succeed because he has authority to walk on public road.

C
X cannot succeed because he must have to wait upto end of marriage party.

D
None of the above.

Question 6
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PRINCIPLE: In an agreement, a condition subsequent must be complied with, to claim the benefit of that agreement.
FACTS: A agrees to transfer a farm to B, provided that, if B does not go to England within three years after the date of the agreement, his interest in the farm shall cease. B goes not go to England within the term prescribed.

A
B's interest in the farm continue

B
B's interest in the farm does not continue

C
B has a fundamental right to go to England or not to go to England and hence the condition was illegal

D
The agreement between A and B was void

Question 7
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Choose the correct answer from the alternatives given.
Hadley v. Baxendale, (1854) case deals with ___________________.

A
anticipatory breach of contract

B
quantum of damages

C
supervening impossibility

D
quasi-contract

Question 8
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Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
PRINCIPLE: Attempt is not an offence until it is an attempt to commit an offence punishable with imprisonment.
FACTS: Z makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewels in it.

A
Z has done an act towards the commission of theft and therefore is guilty

B
In the absence of the definition of offence in the stated Principle it cannot be said that Z is guilty

C
The stated Principle neither defines the offence is punishable with imprisonment. So the position is unclear

D
Police should arrest Z and produce him before the Magistrate as only the court has the authority to decide his guilt or innocence

Question 9
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Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.

LEGAL PRINCIPLE: A master will be liable for the wrongful acts of his servants in course of employment.

FACTUAL SITUATION: Mrs. Nitu, an old woman had an account in a bank. Mr. Robert, her tenant used to collect Rs. 100 from Mrs. Nitu and deposited it every week in the account of Mrs. Nitu. Mr. Robert got a commission from the bank for depositing that amount every week. After few months of transaction, it was found that Mr. Robert had not deposited the amount for five months in the account and that he had run away with that amount. Mrs. Nitu filed a suit against the bank.

Question-Is the bank liable?

A
The bank is not liable as Mr.Robert was not an employee of the bank.

B
The bank is not liable for the failure on part of Mrs. Nitu to check the balance in her account in time.

C
The bank is liable as the bank paid commission to Mr. Robert for the work he did.

D
None of the above

Question 10
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The phrase per incuriam refers to ___________________

A
Judgment of a Court in accordance with law

B
Judgment of a Court without reference to a statutory provision

C
Judgment of a judge not of a Court

D
All the above.

Submit Test

Topics of Law T...

Question 1

A will be liable since B did the act in the course of his employment

A will be liable since he had not instructed B not to pick up passengers

A will not be liable since taking passengers in a truck had no connection with his business

A will not be liable because B was an experienced driver

Question 2

Dispossession

Unpossession

Adverse possession

None of the above.

Question 3

The contract will be void because BCCI is not a party to it

The contract will be void since the object of the contract is to cause a loss to the BCCI

The contract will be void since the maximum number of parties to contract as per Indian law is 10

The contract will be valid

Question 4

He may take the plea that his advocate had advised him not to file the return as his income was not taxable

He may request the department to waive the interest and penalty

A must pay the tax due as ignorance of law cannot be ground of defence

None of the above

Question 5

X cannot succeed because the head of marriage party has got previous authority from the Municipality and his blocked part of public road.

X can succeed because he has authority to walk on public road.

X cannot succeed because he must have to wait upto end of marriage party.

None of the above.

Question 6

B's interest in the farm continue

B's interest in the farm does not continue

B has a fundamental right to go to England or not to go to England and hence the condition was illegal

The agreement between A and B was void

Question 7

anticipatory breach of contract

quantum of damages

supervening impossibility

quasi-contract

Question 8

Z has done an act towards the commission of theft and therefore is guilty

In the absence of the definition of offence in the stated Principle it cannot be said that Z is guilty

The stated Principle neither defines the offence is punishable with imprisonment. So the position is unclear

Police should arrest Z and produce him before the Magistrate as only the court has the authority to decide his guilt or innocence

Question 9

The bank is not liable as Mr.Robert was not an employee of the bank.

The bank is not liable for the failure on part of Mrs. Nitu to check the balance in her account in time.

The bank is liable as the bank paid commission to Mr. Robert for the work he did.

None of the above

Question 10

Judgment of a Court in accordance with law

Judgment of a Court without reference to a statutory provision

Judgment of a judge not of a Court

All the above.

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