CLAT Legal Aptitude Test Prep-4

Test Preparation on CLAT Legal Aptitude Test Prep-4

1.

Principle: Intentional application of force to another person is actionable in law.

Facts: 'P' and 'D' are unknown to each other. When 'P' is about to sit on a chair, 'D' intentionally pulls it away as a result of which 'P' falls on the floor and is injured.

1'D' is not liable as 'P' is not seriously injured.
2'D' is liable as he intentionally caused injury to P.
3'D' is not liable as such jokes are common in the society.
4'D' is not liable as the injury is not directly caused.

2.

Principle :

1. Wagering agreements are void.

2. Collateral agreement to wagering contracts are valid.

Facts: XYZ Bank lends Rs. 40,000 to Sabu in order to enable him to award a prize to Randeep who is the winner of a horse race. Later Sabu refused to pay the prize stating that horse racing is a wagering agreement. Can XYZ Bank recover money from Sabu?

1Yes it is only a collateral agreement to horse racing and there fore the bank can recover the money from Sabu.
2Horse racing is illegal and therefore XYZ Bank cannot recover anything from Sabu.
3No, as it is as wagering contract.
4No, as it is as wagering contract.

3.

Principle: Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so or to provide gratuitously, and such other person takes the benefits of that; the latter is bound to compensate the former for something done or thing provided or to restore, the thing so delivered.

Facts: Trader 'A' delivers certain eatables at 'B's house by mistake. 'B' consumed the eatables without asking anything. Which of the following derivations is correct?

1'B' is bound to pay 'A' for the eatables.
2'B' can be made liable to pay for the eatables, only if 'A' establish as an express contract between 'A' and ''B'.
3'B' is not bound to pay 'A' for the eatables.
4It is the discretin of 'B' to make payment to 'A'

4.

Principle: Consent is a good defense in a civil action for tort but the act should be the same for which consent was given.

Facts: 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in the drawing-room, moved to the bedroom of the house. 'A' sued 'B' for trespass.

1'B' has interfered with privacy of 'A'.
2'B' has committed no trespass as he entered the house with 'A's consent.
3'B' has offended 'A' by moving to bed room.
4'B' has committed trespass as there was no consent of 'A' for entry in the Bed room.

5.

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 this regard. 'B' accompanied 'A' to the forest.

1'A' has committed theft as soon as he entered the house of 'C'.
2'A' has not committed theft.
3A' has committed theft.
4'A' has not committed theft till 'B' did not accompany him.

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