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Law of Property Test - 2

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Law of Property Test - 2
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  • Question 1
    1 / -0.25

    Where statute law and common law conflict __________.

    Solution

    Common laws are regarded as the laws which are decided by the Judicial body in order to give guidance to future judgments. Statute law is formed by the legislative body of a state. Parliament is the legislative body so it works in the formation of the laws. Parliament is superior for making laws so it prevails. 

  • Question 2
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    Law is an "essentially and exclusively a social fact "whose definition of law is this?

    Solution

    Leon Duguit was a French jurist. He was one of the most popular and revolutionary legal scholar and thinker of his time. Various legal natural theories and philosophies are given by him. He has stated the law as essentially and exclusively a social fact. He also stated several theories about morality with law. 

  • Question 3
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    Joint heirs to a property are called _______.

    Solution

    Joint heirs to a property are called as Coparceners. They share equal rights and liabilities over the property. The coparceners jointly inherit the property and they have unity of possession and community of interest in joint family property. Hence the correct answer is B. 

  • Question 4
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    All motor vehicles are required to have third party insurance. Any vehicle not using mechanical device is not a motor vehicle.
    Which of the following is correct derivation from the above?

    Solution

    Vehicle insurance is insurance for car, trucks, motorcycles, and other road vehicles. Its primary use is to provide financial protection against physical damage and/ or bodily injury resulting from traffic collisions and against liability that could also arise there from.

  • Question 5
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    Principle: Defamation is the publication of a statement which tends to lower reputation of a person in the estimation of other members of the society generally.
    Facts: 'A 'writes a highly offensive and derogatory letter about 'B ', and sends it directly of 'B 'in a sealed cover.

    Solution

    A 'is not liable to 'B 'for defamation, since there is no publication to any other person in whose estimation the reputation of 'B 'could be brought down .And ,A doesn 't made it public or included any other person to effect B 's respect .A written and sent it personally to B .If A made it public then A is liable but in this case he 's not . 

  • Question 6
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    Principle: Letters or words not describing quality of things can be registered as a trade mark.
    Facts: Ram made an application for registration of alphabet 'B 'written in a fancy style as trade mark to be applied on packets and cartons of shoes manufactured by him.

    Solution

    The alphabet B can be registered by Ram as his trademark .The trademark reflects ownership and originality of the goods or product .Trademark law is the arrangement of laws and lawful guidelines that are set up to secure trademarks.A trademark is a lawful assurance given to any word, name, image, or plan that is utilized in business to recognize the result of one maker from another.

  • Question 7
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    Principle: Import means bringing some consignment into India from a foreign country.
    Facts: A consignment from Sri Lanka entered the territorial waters of India. However, this consignment never crossed the Indian custom barrier nor did it enter into the stream of commerce in India.

    Solution

    The consignment was entered into India . When the goods or merchandise enters the border of that particular country for the consignment contract is said to be entered . Consignment is defined as a business course of action in which a business, likewise alluded to as a recipient, consents to pay a dealer, or agent, for stock after the thing sells.  
    The business acknowledges things available to be purchased and consents to pay the merchant a level of the returns if and when the products do sell.

  • Question 8
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    Principle: Whoever takes away any moveable thing form the land of any person without that person 's consent, he is said to have committed theft.
    Facts: During his visit to the house of 'C ', 'A 'asked 'B 'the son of 'C ', to accompany 'A 'to the forest. Neither 'A 'nor 'B 'informed 'C 'in his regard. 'B 'accompained 'A 'to the forest.

    Solution

    There is no theft in the above case as there 's no stealing or moving of any object from one place to another without any ntention . As there is no object discussed there 's no theft . Theft means stealing or moving someone 's property with his/her consent intentionally . 

  • Question 9
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    Principle: Mere silence as to facts lakely to affect the decision of a person to enter into a contract is not fraud.
    Facts: 'A 'sells to 'B '(A 's daughter who is minor) a horse which 'A 'knows to be unsound. 'A 'says nothing to 'B 'about the unsoundness of the horse.

    Solution

    In case of fiduciary relationships , contracts of family arrangements after its formation , contracts for sale of immovable property , etc all material facts must be disclosed . Here 's the relationship between the parties would make it A 's duty to tell B if the horse is unsound .

  • Question 10
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    Principle: Existence of all the alleged facts is relevant, whether they occurred at the same time and place or at different times and places.
    Facts: 'A ', a citizen of England, is accused of committing murder of 'B 'in India by taking part in a conspiracy hatched in England.

    Solution

    A , who is a citizen of England accused of murder in India . There are certain possibilities of that A murdered B . There should be a proper evidence of date and time that the accused was not present on that spot and was somewhere else . Likewise , if he was in other country at that time he have to show his flight tickets or hotel bills as a proof . Proof might be given of actualities in issue and important realities:- Evidence might be given in any suit or continuing of the presence of non-presence of each reality in issue and of such different certainties as are hereinafter announced to be significant, and of no others .

  • Question 11
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    Principle: A person, who is usually of unsound mind, but occasionally normal, may make a contract when he is not of unsound mind.
    Facts: 'A 'generally remains in the state of unsound mind and rarely becomes capable of understanding the things.

    Solution

    A can make a contract when normal . Under English law , a person of unsound mind is competent to contract , although he may avoid a contract if he satisfies the court that he was incapable of understanding the contract and the other party knew it . The contract is voidable at his option .

  • Question 12
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    The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
    PRINCIPLE: Any direct physical interference with the goods in somebody 's possession without lawful justification is called trespass to goods.
    FACT: A purchased a car from a person who had no title to it and had sent it to a garage for repair. X, believing, wrongly, that the car was his, removed it from the garage.

    Solution

    To constitute a tort, there must be: 
    (i) a wrongful act or omission of the defendant; 
    (ii) the wrongful act must result in causing legal damage to another; and  
    (iii) the wrongful act must be of such a nature as to give rise to a legal remedy.
    Trespass to goods means wrongful interference with the goods in possession of another. It is a wrongful act, and hence, punishable under tort.
    In the above case, X removing the car ,which does not belong to him, can be held responsible for trespass to goods.

  • Question 13
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    Principle: False imprisonment is a tort(wrong) which means the total restraint of a person 's liberty without lawful justification.
    Facts: A part of a public road had been closed for spectators of a boat race. 'P 'wanted to enter but he was prevented by 'D 'and other policemen because he had not paid the admission fee. 'P 'was able to enter the enclosure by other means but was unable to go where he wanted to go. The policemen refused access to where he wanted to go but allowed him to remain where he was or to go back. 'P 'remained.
    Within the enclosure and refused to leave. Subsequently, 'P 'sued 'D 'for false imprisonment.

    Solution

    To constitute false imprisonment, certain factors such as probable cause for imprisonment, knowledge of the plaintiff for the imprisonment , intention of the defendant while causing imprisonment and period of the confinement matters. For imprisonment, it is necessary that the person should be confined in such an area from where there are no possible ways of escape except the will of the person who is confining the person within that area. In the above case, all the elements were not satisfied to constitute the offence of false imprisonment.
    Hence, Option D is correct.

  • Question 14
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    The MRTP act has been amended in the year ______.

    Solution

    The MRTP Act, 1969 was amended in 1991 as a part of the new economic reforms set in motion by the Government of that day. The amendments reset the objectives enshrined in the original statute of 1969. The MRTP Act, before the 1991amendments sought to curb such power arising out of a monopoly.

  • Question 15
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    Principles:
    (i) A person is said to abet the doing of a thing when he instigates any other person to do that thing.
    (ii) Mere acquiescence, however, does not amount to instigation.
    Facts: 'A 'says to 'B ': I am going to kill 'C '. "And and B 'replies."Do as you wish and take the consequences "; whereafter 'A 'kills 'C '.

    Solution

    'B 'abetted 'A 'to kill 'C '. 
    As , A told B about the offence that he was going to commit with C that is murder . It was his duty to stop him also to inform police about the action that 's going to be happen . An individual abets an offense, who abets either the commission of an offense, or the commission of a function which would be an offense, whenever submitted by an individual able by law of commit ­ting an offense with a similar goal or information as that of the abettor. He 's commited abet under section 108 of IPC . 

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