CLAT LEGAL AWARENESS FACTS & SITUATIONS QUESTIONS

1. . Legal Principle: Contractual liability is completely irrelevant to the existence of liability in tort
(Civil wrong).
Facts: X purchased a bottle of ginger-beer from a retailer. As she consumed more than ¾ of the contents of the bottle, she found decomposed remains of a snail in the bottle. After seeing the remains of a snail, she fell sick at the thought of what she consumed. She sued the manufacturer of the beer for negligence, though there is no contractual duty on the part of the manufacturer.

a. X cannot sue the manufacturer for negligence in the absence of a contract
b. X can sue the retailer from whom she purchased the beer c. X cannot sue the retailer
d. X can sue the manufacturer as he had a duty to take care to see that bottles did not contain any other substance than the beer and hence liable to have broken that duty.

2. Legal Principle: Any person who has received any unjust benefit, he/she must return it to the rightful owner.
Facts: A and B were staying in the same hostel room. B’s father had sent a parcel to him on his birthday containing expensive gifts. This parcel was delivered to A as B had gone out for a movie.
a. A can retain the parcel without informing B
b. A can keep some gifts from the parcel and return the rest to B
c. A has to return the entire contents of the parcel to B
d. A can inform B about the parcel and need not return the parcel to B

3. Legal Principle: A man must not make such use of his property as unreasonably and unnecessarily to cause inconvenience to his neighbours.
Facts: Mr. Z is the owner of a plot measuring 50 feet by 80 feet. He constructed a small house at one corner and was using the rest of the land as a cow shed. He had 20 cows and is involved in selling the milk to the public. The cow dung and other wastes were openly stored in a small 10 feet by 8 feet tank. This constantly paved way for bad smell and breeding of mosquitoes. Mrs. Y, his neighbour constantly complained to Mr. Z but in vain.

a. Y cannot take any other action against Z
b. Z can do something to prevent the foul smell
c. Y can complain to the police
d. Y can sue Z for damages based on the inconvenience caused by Z


4. Legal Principle: Special damage is the loss of some material advantage, pecuniary or capable of being estimated in money which arises on account of special or unusual circumstances affecting the plaintiff.
Facts: Raju has been sending his Tourist cars for repairs, maintenance and service to Lakshmi Service Centre, who promptly attended to all the works during the past five years. However, when Raju sent a new Sumo van for servicing and minor repairs, he indicated to the manager of Lakshmi Service Centre that the vehicle must be delivered, duly serviced, by 10th August 2010 at 5 PM as three foreign tourists had booked the vehicle for a period of 3 months. The vehicle was not delivered as required, but was delivered only on 12th August 2010. Raju had lost the contract with the foreign tourist and a loss of revenue to the extent of Rs.30,000.

a. Raju can sue the Lakshmi Service Centre for damages including exemplary or special damages to the extent of Rs.30,000/-
b. Raju can sue Lakshmi Service Centre for ordinary damages for two days delay
c. Raju cannot sue Lakshmi Service Centre for any damages
d. Raju can sue the Manager of the Service Centre for damages.

5. Legal Principle: The standard to determine whether a person has been guilty of negligence is the standard of care which, in the given circumstances, a reasonable man could have foreseen.
Facts: The Agricultural University constructed 200 houses for its employees in its premises. Two huge bore wells were sunk and motors were installed. They did not cover the pump rooms properly. A child, 6 years old, from one of the quarters was playing near the pump house. On hearing the noise of the pump, she was curious to see the motor. She touched the motor that was not covered properly and three of her fingers were cut.

a. The parents of the child cannot sue the University on any grounds
b. Inspite of the child’s act, her parents can successfully sue the University for damages
c. The University can be made liable only to the extent of the cost of treatment as the child also contributed to the incident.
d. Only child can sue and not her parents.



6. Legal Principle: A bailment is a delivery of goods on condition, express or implied, that they shall be restored to the bailor (person delivering the goods) as soon as the purpose for which the goods have been bailed is complete
Facts: Javed, the owner of two cows had to leave the town for a period of 3 months. He handed over these two cows to his friend Rahim that he would take them back on his return after three months. After two months, one of the cows gave birth to a healthy calf. Javed returns after three months and seeks the return of cows from Rahim.

a. Rahim need not return the cows
b. Rahim can return the cows provided Javed pays him some money towards expenses for maintaining them
c. Rahim need not return the calf, but should return the two cows
d. Rahim has to return the cows and the calf without any demand for money


7. Legal Principle: An act of God is an operation of natural forces so unexpected that no human foresight or skill could reasonably be expected to anticipate it.
Facts: The New Friends Association was celebrating its 10th Anniversary and arranged for a concert by a leading musical group. The event was organized in one of the best auditoriums and all the tickets were sold out. On the day of the event, an earthquake destroyed many buildings including the auditorium. People who had purchased the tickets asked for refund from the New Friends Association as the show could not take place.

a. The New Friends Association must refund the cost of tickets
b. The management of the auditorium must refund the cost of the tickets
c. The New Friends Association or anyone else need not refund the cost of tickets as it is act of God
d. The ticket holders can demand the show to be organized at a later point of time

8. Legal Principle: A contract entered into by a minor, who is less than 18 years of age, is a void contract and cannot be enforced against the minor in law except for the contract entered by the minors for his necessities.
Facts: A, a minor enters into the contract with a book seller. The book seller supplied the school books and stationery as required by A. After receiving the books and stationery, A refuses to pay the book seller on the ground that he is a minor, and as such the contract with the book seller is not enforceable.

a. Book seller cannot enforce the contract as ‘A’ is a minor, but can compel A to return the books.
b. Book seller can enforce the contract even against the minor as the contract was for his necessities
c. Book seller can enforce the contract after ‘A’ becomes a major
d. Even after A becomes a major, this contract cannot be enforced by the book seller

9. Legal Principle: An agreement is void and unenforceable if considerations and objects are unlawful.
Facts: A enters into an agreement with B for manufacture of 10 country made pistols and 10 land mines. A promises to pay a sum of Rs.2,00,000/- and advances a sum of Rs.25,000/- to B. On completing the work and handing over the materials as required, A refuses to pay the remaining sum of Rs.1,75,000/- to B.

a. B cannot move any court for enforcement of this contract
b. B can move the Civil Court for enforcement of contract
c. B can move the High Court for enforcement of contract
d. B can move the Supreme Court directly as his fundament and legal right is violated.

10. Legal Principle: Agreement by way of wager is void and no suit lies for recovering anything won by such wager.
Facts: Mr. X and Mrs. Y enter into a contract with Rehman who is an expert in betting on horse racing. Both pay a sum of Rs.2,000/- to Rehman to bet on a particular horse. Rehman followed the instructions and he won a sum of Rs.20 lakhs.

a. Rehman has to pay Rs.20 lakhs to Mr. X and Mrs. Y
b. Rehman can divide Rs.20 lakhs into three parts and share it equality with Mr. X and Mrs. Y
c. Rehman can keep Rs.15 lakhs and give 5 lakhs to Mr. X and Mrs. Y
d. Rehman need not give anything to Mr. X and Mrs. Y as this agreement is not enforceable.


1 comment:

TAMAL KUMAR DAS said...

For Best Classroom Coaching Crash Course In Kolkata Or Study Materials (Online/Offline) Solved Previous Year Papers Tips Tricks Strategies & Preparation Plan For CLAT & Other Law Entrance Exam 2015 Visit http://tsa1998.blogspot.in/2015/01/clat-2015-exam-study-material-tips.html