Beruflich Dokumente
Kultur Dokumente
Test
Legal Aptitude
Test Code
L3
Topic
Legal Reasoning
No. of Questions
10
Maximum Marks
10
Competitive score
8 and above
Time allowed
10 12 minutes
Question 1
Principle : The Bailee is bound to take care of the goods whether the
bailment is gratuitous or non-gratuitous. [Bailment is the delivery of goods
by one person to another for some purpose, upon a contract that they shall,
when the purpose is accomplished, be returned to the person delivering the
goods.]
Fact: Ram and Shyam go the beach on a Sunday morning. Shyam decides to go
surfing. He
removes and hands over to Ram his diamond ring for safe keeping while
he goes surfing.
Ram spreads out a dhurri on the sand and decides to lie down and rest. He soon gets
into a nap under the benign sun. Shyam eventually returns, wakes up his pal and
asks for his ring.
Ram finds out after much search that the ring is lost/stolen. Shyam demands the
price of his diamond ring. Ram regrets the loss of the ring, but refuses to accept the
liability to compensate Shyam.
a. Ram is liable to pay for the lost ring. As it is clear that it must have
been obvious to anyone that it was a diamond ring and that Ram was
careless and negligent in keeping custody of it.
b. No, Ram is not liable. Ram can argue that Shyam never warned him
that it was an expensive ring.
c. Ram is not liable, as he has not appropriated it for himself and it must
have been lost when he inadvertently dozed off.
d. Shyam is careless and he should have kept the ring to himself.
1
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Question 2
Principle: No one can pass a better title on goods than he himself has on
those goods.
Fact: Rajesh Ranjan, a resident of Delhi and his cousin Ramesh Ranjan, who run an
automobile workshop in Khatmandu. Ramesh often buys and sells second hand cars,
after converting their engines into CNG driven. Lokesh Sharma, a resident of
Kathmandu, purchases a converted second hand car from Ramesh, uses it for some
time, and then sells it to one Jayendra. While processing the papers to get the car
transferred to his name, Jayendra discovers that the papers have all been cleverly
forged, and registers a complaint before the Police against Lokesh Sharma. By then,
the Delhi Police bursts a gang of car thieves led by Rajesh Ranjan, and finds out that
Jayendras car had been originally stolen from the house of Rajinder Oberoi, Delhi,
Having paid Lokesh Sharma the negotiated amount in full and in good faith as the
cost of the car, can Jayendra refuse to return the car to Rajinder Oberoi unless he was
reimbursed the money that he had to pay Lokesh Sharma as the cost of the car?
a. Yes, because the transaction between Jayendra and Lokesh Sharma was
genuine and conducted in good faith. Upon completion of the transaction,
Jayendra is entitled to be the full owner of the car. He had no reason to
suspect that it was a stolen car at the time of his purchase.
b. No, because Lokesh acquired a defective ownership of the car from Rajesh.
Rajesh sold the car to Lokesh Sharma knowing fully well that he was not
the rightful owner of the car. Rajesh could not have legally transferred the
full ownership of the car to anybody an ownership that he did not have.
c. Yes, Jayendra should insist on getting the payment from Lokesh
d. None of the above
Question 3
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.
Fact: 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 passerby to cross the road. He brings a charge of criminal confinement against
the head of the marriage party and other associates.
a. X will succeed as the marriage party had blocked most of the roads
b. X will not succeed as the marriage party had obtained permission from the
municipality
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c. X will succeed as Municipality had not such right to give permission to block
a public road
d. X will not succeed as he could have taken an alternate route
Question 4
Principle: A person, who is interested in the payment of money which
another is bound by law to pay, and who therefore pays it, is entitled to be
reimbursed by the other.
Facts: Mr. Ahmed is staying in the house of Mr. Vinod as a tenant. Mr. Vinod is
required to pay the municipality tax for the house in which Mr. Ahmed is staying. Mr.
Vinod was not in station. When the Municipal authorities came, Mr. Ahmed paid the
tax amount. Tax demanded was Rs.5000/-.
a. Mr. Ahmed should have waited for Mr. Vinod to come back
b. Mr. Ahmed is entitled to reimbursement of Rs. 5,000/c. Mr. Ahmed cannot claim Rs. 5,000/- from Mr. Vinod as the payment is
made without Vinod asking for it.
d. Mr. Ahmed should have contacted Mr. Vinod over phone before making the
payment. Hence Mr. Ahmed cannot claim reimbursement.
Question 5
Principle:
To
commit
the
offence
of
defamation,
there
must
be
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Question 6
Principle: Nothing is an offence, which is done by a person, who, owing to
unsoundness of mind, is incapable of knowing the nature of the act or that
what he is doing is wrong or contrary to law.
Facts: Mithilesh is a mentally ill person under treatment. He has been responding to
the treatment so well that he is lately allowed to move about in the close vicinity of
his house. When his elder brother, Manish, returns home after work, he usually brings
a piece of chocolate for Mithilesh. Today, however, Manish gets very late in the night
to return home, and therefore is unable to bring the usual piece of chocolate.
Mithilesh demands his chocolate, and on being denied one, hell breaks loose and he
runs out, jumps into his brothers jeep, finds the keys in place, drives away at a very
high speed into a lightless street and runs over a pavement dweller sleeping right on
the road, who in the process gets killed. Is there a crime committed, and if so by
whom?
a. Yes, by Mithilesh-he was not completely mad.
b. Yes, by Manish-he left the keys on the jeep ready to be driven away,
knowing fully well that his brother was still somewhat mad. And he
infuriated him
c. No, the pavement dweller was reckless enough to sleep on mid road
d. No Mithilesh, not having been completely cured, could not have
committed any crime for want of criminal intention or criminal
knowledge. Also, Manish could not be blamed except for
forgetfulness, as he could not have programmed Mithilesh to drive
away just in order to kill the pavement driver.
Question 7
Principle: A breach of contract occurs if any party refuses or fails to perform
his part of the contract.
Facts: Rajesh and Ram Charan have been close friends. Rajesh promised to sell his
only scooter to Ram Charan for Rs. 10,000. After sometime, Ram Charan began using
the scooter as if it were his own. One day, Rajesh demanded the money. Ram Charan
denied having agreed to pay anything and said, being a friend, he had the right to use
the scooter. Can Rajesh sue his friend for a breach of contract?
a. Yes, because non-payment of consideration amounts to breach of
contract.
b. No. As a friend, Ram Charan may use the scooter, but its owner
remains Rajesh
c. Claiming a right of user of a property belonging to another is both a
civil and criminal offence.
d. As the contract was not in writing, it cannot be enforced.
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Question 8
Principle:
committed beyond India shall be dealt with under IPC for any act committed
beyond India in the same manner as if such act had been committed within
India
Facts: There was a criminal conspiracy among 5 Indian nationals to print and
distribute in India counterfeit currency notes. One of them contacted a French
national, Wheeler who sold them the necessary printing machine and materials,
including computerized software to print 500 Rupee notes. The police apprehended
and arrested the 5 Indian culprits and proceeded against them. After some time,
Wheeler landed in Mumbai, was soon apprehended and arrested by the police. Could
the Mumbai courts try him?
a. Yes, because Wheeler was a willing participant in the offence, eager to
make profits from the transaction
b. No, because he was not involved in the criminal conspiracy.
c. No, because he was just a trader selling such commodities
d. No, because he is a foreigner who committed the offence outside India
Question 9
Principle : Manufacturers owe a duty of care to the end users
Facts: The Prevention of Food Adulteration Act defines ice-cream in terms of its
contents, namely ice, cream, permitted colour, and permitted sweetener. An icecream manufacturer is arrested as a sample taken by a food inspector showed that
the colour used contained toxic chemicals. The lawyer defending the accused argues
that since the colour used was not a permitted colour, the seized sample did not
contain ice cream as defined in the Act, that consequently one of the elements that
should constitute ice-cream was missing and that therefore, the Act does not apply
to the case. Is this argument tenable?
a. Yes, because it is based on the literal interpretation of the law.
b. Yes, because the accused has the right to use every argument possible
to defend himself.
c. No, because the very purpose of the law is to prevent food adulteration.
The food Manufacturer has a special duty of care while making food for
public consumption. The defence argument renders the law impossible
to implement.
d. Yes, because the prosecution has not produced any evidence to show
the adverse impact of this food material on consumers at large.
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Question 10
Facts: Ram Ratan promised his friend Rajesh that one month after the marriage
between Rams son and Rajeshs daughter, Ram would like to gift away a Maruti
Esteem to Rajesh . Ram failed to fulfil his promise even after Rajesh gave him six
more months time. Can Rajesh enforce it?
a. Yes, Rajesh can because this is a contract.
b. No, Rajesh cannot, because there is no contract, as there is no
consideration for the
cannot be enforced.
c. No, Rajesh cannot, because of the dowry prohibition law
d. No, because it is not shown that the gift of the car is conditional upon
the marriage taking place.
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Question
Answer
Hint
Since Ram has taken custody of the diamond ring for safe
custody, he is clearly negligent in losing it.
Ram
Charan
is
liable
for
defamation
because
he
10
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