Legal Principle Reasoning and Aptitude for CLAT:
Directions: Given below is a statement of legal principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among the alternatives given:
Principle: Any person who provides service to others is bound to ensure that such service is without any defect.
Factual Situation: X, a resident of a middle class housing colony was habituated to taking morning walks in the RWA Park. One day X accompanied by his wife after taking one round in the Park, decided to go out to walk on the main road, maintained by the Municipal Corporation. They were walking on the beautiful footpath which was paved with interlocking concrete bricks. Suddenly X’s wife, who was walking behind her husband fell down into a big hole on the pavement, which was not there when X crossed the point. X pulled out his wife from the pit and observed that the hole occurred due to a bad construction of the pavement. X wants to sue the Corporation for compensation for the injuries suffered by his wife.
(a) X will not succeed, as the Corporation did not know of the defect on the pavement.
(b) X will succeed, as the Corporation is liable for compensating any loss suffered by its residents.
(c) X will succeed, as the accident occurred due to the carelessness of the Corporation in not ensuring safety in the construction of the pavement.
(d) X will succeed, as the Corporation is duty bound to ensure the security of anyone using its facilities
Principle: Under law, persons in possession of property are entitled to the quiet enjoyment of their property.
Factual Situation: Ram and his wife occupied a flat in New Delhi to reside peacefully during his retired life. His neighbour who was staying on rent was a young couple having a two months old baby. The cries of the baby disturbed Ram during his afternoon nap and at night. Irritated by the baby’s cries, Ram asked the young couple to shift their residence, to which they turned a deaf ear. Ram wants to file a suit against the young couple for nuisance.
(a) Ram will not succeed, as the sound of a crying baby is an expected part of quiet enjoyment of property and does not constitute a nuisance.
(b) Ram will succeed, as the sound of a crying baby is annoying.
(c) Ram will succeed, as the refusal by the young couple to shift the residence is a violation of Ram’s right of quiet enjoyment of his property.
(d) Ram will not succeed, as he ought to have checked who is staying in the neighbourhood before purchasing a flat.
Principle: Preparation is not an offence except the preparation of some special offences.
Factual Situation: Rameshwar keeps poisoned halua in his house, wishing to kill Binoy whom he invited to a party and to whom he wishes to give it. Unknown to Rmeshwar, his only son takes the halua and dies. In this case
(a) Rameshwar is liable for the murder.
(b) He is not liable for murder since it is a preparation alone.
(c) He is liable for culpable homicide
Principle: An occupier or owner of land owes a duty to warn a suspected trespasser of deadly conditions on the land which would be hidden to a trespasser, but of which the property owner is aware.
Factual Situation: Shiva, the owner of a Fire Cracker Factory owned a large plot of land, which he used for testing his crackers. One day while he was about to set fire to some special crackers, he noticed some children wandering on his land. Shiva did not pay any attention to the children as according to him they were trespassers. He set fire to the test crackers. One of the crackers which was supposed to ignite a series of crackers up in the sky at a height of 100 metres, did not burst in the sky. Instead, it fell to the ground and exploded, injuring one of the children. In a suit for compensation initiated by the parents of the injured child, how would you decide?
(a) The child is not entitled to compensation as the child had a duty to take care.
(b) Shiva is not liable for payment of any compensation to a trespasser.
(c) Shiva is liable as he did not give any warning to the children about any danger.
(d) The child is not entitled to any compensation as the child is a trespasser.
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PRINCIPLE: Every member of unlawful assembly guilty of offence committed in prosecution of common object:- Factual Situation: A, -along with eight others went to a near village to beat some of his enemies. In this fight A was injured. The members of the opposite party ran away. Thereafter A’s friends followed the opponents and killed one of them.
(a) A and his companions are liable to be punished for the murder.
(b) Only A is liable ,others are liable for minor offences only
(c) No one is liable since they exercised the private defence
Principle: A defendant is liable for all direct consequences of his act or omission, which he could have reasonably foreseen as naturally flowing from his action.
Factual Situation: A bus driver was driving a bus along the BRT corridor in New Delhi. At a Bus stand he carelessly drove the bus resulting in hitting a railing and crushing a Marshall on duty at the spot. A lady standing at a distance, on hearing about the accident rushed to the spot and saw the injured covered in blood, hanging on a piece of the railing. The sight terrified the lady and as a result she fainted and had to be treated for nervous shock. The lady on recovery filed a suit for compensation against the driver and the owner of the bus.
(a) She will succeed as the accident sight was really shocking and anybody would have collapsed on seeing it.
(b) She will succeed only against the driver and not against the owner of the bus who did not foresee the accident.
(c) She will not succeed as the driver could not have foreseen the illness of the lady who came to the site.
(d) She will not succeed as she voluntarily went to the accident site
PRINCIPLE: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”.
Factual Situation: A threatens to publish a defamatory libel concerning B unless B gives Rs.5 lakhS. A induces B to give money.
(a) A is guilty of defamation
(b) A is guilty of extortion
(c) A is not guilty since it is a preparation only
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PRINCIPLE: Nothing which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm
Factual Situation: A fake doctor operated on a man for internal piles by cutting them out with an ordinary knife. The man died of haemorrahage.
(a) Doctor is guilty of murder
(b) Doctor is not guilty
(c) Doctor is guilty of culpable homicide not amounting to murder.
Principle: A plaintiff who suffers some injury will be entitled to receive compensation even if he suffers no loss.
Factual Situation: Reddy was a strong political worker of Party X. He was proceeding to the poling booth at about 7:30 am, to cast his vote in favour of Mr. Naik, his party candidate. On the way, the State Police officials suspected Reddy to be an anti-social element and took him into custody for questioning. Reddy pleaded with the officials that he was a genuine voter and had no previous criminal records and requested them to allow him to cast his vote. The officials allegedly detained him in custody till about 4:45 pm and thereafter released him, recording that they could not find any thing against him. By the time Reddy reached the poling booth the polling time was over and he could not vote for Mr. Naik. When the results were eclared Mr. Naik got a Majority of over 6000 votes and Party X got the majority to form the Government. Reddy files a suit for compensation against the State.
(a) Reddy will succeed as the police could not prove anything against him.
(b) Reddy will succeed as his right to vote was denied by the police.
(c) Reddy will not succeed as his candidate won the election and therefore there is no cause of action against the police.
(d) Reddy will not succeed as the police can arrest a suspected criminal.
PRINCIPLE: Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Factual Situation: A finds a diamond ring, not knowing to whom it belongs. He sells it immediately to a jeweller.
(a) A is guilty of Criminal Misappropriation
(b) A is not guilty of Criminal Misappropriation
(c) A is guilty of cheating
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PRINCIPLE: voluntary drunkenness is not a Defence under ss. 85 and 86 of the Code
Factual Situation: A has in his possession a bottle of poisonous lotion for external application and a bottle of medicine for internal use. A in a drunken condition gives to his child an ounce of the poisonous lotion to drink as result of which the child died. Is A guilty of any offence?
(a) A is guilty of’ death caused by rash and negligent act.
(b) A is guilty of murder
(c) A is not guilty since he is in a drunken state.
PRINCIPLE: Attempt to murder is punishable under S.307 IPC but preparation is not an offence.
Factual Situation: A mixes sugar, thinking that it was poison in the tea meant for B with an intention to cause his death. What offence, if any, has been committed by A?
(a) A is not liable to be punished for any offence. ‘A’ has done only preparation, for the commission of crime
(b) A is liable for attempt to murder
(c) He is guilty of criminal conspiracy
Principle: Even if a person suffers a loss, he will be entitled to receive compensation only if a legal right is violated.
Factual Situation: An English teacher in a famous ‘English School’ after having some rift with the management left the school and started a new ‘Language School’ very close to the English School. Many students of the English School left it and joined the new Language School. As a result, the English School suffered huge financial loss and hence filed a suit for compensation against the new school.
(a) The English School management will succeed as there is a substantial loss of their profit which is their legal right.
(b) The English School management will not succeed as anybody can start a new school which is their legal right.
(c) The English School will succeed as nobody can start a rival school in the close vicinity of an existing school.
(d) The English School management will not succeed as there is no violation of any legal right.
PRINCIPLE: By virtue of s. 330 of the Code, if a person voluntarily causes hurt for the purpose of extorting confession from the sufferer or any information which may lead to the detection of an offence, he shall be punishable with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine
Factual Situation: X, a police officer tortures Y, to tell him where the stolen property was kept by him. Has A committed any offence?
(a) X is not liable since he is discharging his duty.
(b) X is liable since the custodial torture is not part of duty
(c) X is not liable since the torture was to extract confession.
Principle: A defamatory statement is one which has a tendency to injure the reputation of the person to whom it refers to. Defamation is of two kinds –
(A.) Libel, when the defamatory statement is in some permanent and visible form and (B.) Slander, when it is in some transitory form, visible or audible. Libel is actionable per se, but slander is actionable only on proof of actual damage.
Factual Situation: A person accused of a crime is arrested by the police. The police give an open statement that the suspect had an extra-marital affair. It is subsequently proved in court that the suspect was innocent of the crime. Will the accused succeed if he files a civil suit for defamation, claiming compensation against the police?
(a) He will succeed as the statement is defamatory.
(b) He will not succeed as the police officer is doing his duty in finding a motive for the crime.
(c) He will not succeed as it was a bonafide allegation made by the police in the course of the investigation
(d) He will succeed if he can prove actual damage caused to his professional and/or personal life.
PRINCIPLE: “Nobody shall unlawfully interfere with a person’s use or enjoyment of land, or some right over, or in connection with it. The use or enjoyment, envisaged herein, should be normal and reasonable taking into account surrounding situation.”
Factual Situation: Jeevan and Pavan were neighbours in a residential locality. Pavan started a typing class in a part of his house and his typing sound disturbed Jeevan who could not put up with any kind of continuous noise. He filed a suit against Pavan.
(a) Pavan is liable, because he should not have started typing class in his house
(b) Pavan is liable, because as a neighbour, he should have realised Jeevan’s delicate nature
(c) Pavan is not liable, because typing sound did not disturb anyone else other than Jeevan
(d) None of the above.
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PRINCIPLE: Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person.
Factual Situation: A places men with fire arms at the outlets of a building, and tells B that he will fire at, if B attempts to leave the building.
(a) A is guilty of wrongful restraints
(b) A is guilty of wrongful confinement
(c) A is not guilty since it is a preparation only.
Principle: A manufacturer is liable to pay compensation to a consumer for any harm or damage caused due to a defect in the product.
Factual Situation: X purchased a banian from Y & Co. Before rushing for an interview he wore the new banian. When he was called in for the interview his entire body was itching. Throughout the interview he was embarrassed as he was repeatedly scratching his body. After the interview he rushed to a dermatologist, who diagnosed it as dermatitis due to the presence of some chemical present in the banian. The Doctor brought to his attention a warning strip in the banian “Wash before use”. He obviously lost the job due to his clumsy behaviour at the interview. X sues Y & Co. for compensation.
(a) Y & Co. will be liable because the manufacturer is answerable to a consumer for any defect in the product.
(b) Y & Co. is not liable as they had given specific instructions to “wash before use” and it was the responsibility of the consumer to comply with the same.
(c) Y & Co. will not be liable but the retailer should have reminded the customer to wash the banian before use.
(d) Y & Co. will be liable for using extra sensitive chemicals in such under Garments