(Paper) CLAT UG Question Paper 2008 : Legal Aptitude


(Paper) Previous Year Question Paper (BA LLB) - 2008

Section - IV : Legal Aptitude


1. Principles :

1) On the death of husband, the widow shall inherit the property of her deceased husband along with children equally.
2) A widow can not claim the property of the deceased if on the date when the question of succession opens, she has married.
3) A female acquiring property in any way has the absolute title to the property. Apply die above three principles and decide the case of die following fact situation.

Facts :

When Sudhir died, he had 1/3 rd share of the family property, which tile three brothers Rudhir. Sudhir and Yasu inherited from their father, B.
Sudhir died on September 23rd 2006, without having any issue. The widow of Sudhir, Ms. W in remarried on January l, 2007.
Sudhir and Yasu refused ‘Win’ the share from Sudhir’s portion when Win claimed the entire property belonging to Sudhir on January 30, 2007.

Select your decision from the possible decisions given in the list! And the appropriate reason from tile indicate reasons given in list II given below List I- Decisions

(a)Win can not inherit the property of Sudhir
(b) Win can inherit the property of Sudhir

List II – Reasons

(i) Widow not belong to the family.
(ii) Win was remarried
(iii) Her claim was on the date of Sudhir’s death
(iv) Her claim submitted after she was remarried. Your decision and reason Shade the right decision with reason from the following. .

(a) (a) (i)
(b) (a) (ii)
(c) (b) (iii)
(d) (b) iv

2. Principles

1) If a person commits an act by which death is caused to another person and the act is done with the intention of causing death, the person is liable for murder.
2) A person has a right of self defense to the extent of causing death to another provided he apprehends death by the act of the letter.

Facts:

Shuva went to a hardware shop owned by Anup. Bargaining on some item to alteration between the two and Shuva picked up a sharp object and hit at Mop. When Mop started bleeding his wife Mridula intervened and she was also hit by Shuva and she became unconscious. Finding himself totally covered. Anup delivered a severe blow to Shuva with a sharp object. Shuva died instantly.

Possible decisions

a) Anup murdered Shuva
b) Anup killed Shuva with the intention of killing to save himself and his wife.
c) Anup killed Shuva without any intention to do so just to save himself and his wife.

Probable reasons for the decision

i) If a person kills another instantly on the spot, the intention to kill is obvious.
ii) Anup used force apprehending death of himself and his wife.
iii) Anup used disproportionate force
iv) There was nothing to show that Shuva wanted to kill Anup or his wife.

Your decision with the reason

(a) (a) (i)
(b) (a) (iii)
(c) (c) (ii)
(d) (b) (iv)

3. Principles:

1) Consumable goods which are not fit for consumption are not marketable.
2) A consumer shall not suffer on account of unmarketable goods.
3) A seller is liable for knowingly selling unmarketable goods.
4) A manufacturer shall be liable for the quality of hi s products.

Facts:

Ram bought a Coca Cola bottle from Shama’s shop. Back at home, the server opened the bottle and poured the drink into the glasses of Ram and his friend Tom. As Tom started drinking he felt imitation in his throat, Immediately, Ram and Tom took the sample to test and found nitric acid in the content. Ram filed a suit against Shania, Coca Cola Company and the bottler, Kishen and Co.

Suggested Decision

(a) Ram cannot get compensation
(b) Tom cannot get compensation
(c) Both Ram and Tom can get compensation

Suggested Reason

i) Shama did not know the contents of scaled bottles.
ii) Rata did not actual ly suffer though he bought the bottle.
iii) Tom did not buy the bottle.
iv) Coca Cola company is responsible since it supplied the concentrate.
v) Kishen & Co., is responsible since it added water, sugar etc. and sealed the bottle.
vi) Shama is responsible for selling the defective product.

Your decision with the reason

(a) (a) (i)
(b) (b) (vi)
(c) (e) (v)
(d) (e) (iv)

4. Principles:

1. If A is asked to do something by B, B is responsible for the act, not A.
2. If A, while acting for B commits a wrong, A is responsible for the wrong, not B
3. If A is authorized to do something for B, but in the name of A without disclosing B’s presence, both A and B maybe held liable.

Facts:

Somu contracted with Amar where under Amar would buy a pumpset to be used in Somu’s farm. Such a pump set was in short supply in the market. Gulab, a dealer, had such a pumpset and he refused to sell it to Amar. Amar threatened Gulab of serious consequences if he fails to part with the pump set. Gulab filed a complaint against Amar.

Proposed decision (a) Amar alone is liable for the wrong though he acted for Somu. (b) Amar is not liable for the wrong, though he is bound by the contract with Somu. (c) Somu is bound by the contract and liable for the wrong. (d) Both Somu and Amar are liable for the wrong.

Suggested reasons i) Amar committed the wrong while acting for the benefit for Somu. ii) Amar cannot do while acting for Somu something which he cannot do while acting for himself. iii) Both Amar and Somu are liable since they are bound by the contract. iv) Somu has to be responsible for the act of Amar committed for Santa’s benefit.

Your decision with the reason

(a) (a) (4
(b) (a) (ii)
(c) (e) (iii)
(d) (d) (iv)

5. Principles: l. The owner of a land has absolute interest on the property including the contents over and under the property. 2. Water flowing below your land is notyours though you can use it. 3. Any construction on your land belongs to you. 4. All mineral resources below the land belongs to the State.

Facts: There is a subterranean water flow under Suresh’s land surface. Suresh constructed a huge reservoir and drew all subterranean water to the reservoir. As a result, the wells of all adjacent property owners have gone dry. They demanded that either Suresh must demolish the reservoir or share the reservoir water with them.

Proposed Decision (a) Suresh need not demolish the reservoir. (b) Suresh has to demolish the reservoir (c) Suresh has to share the water with his neighbors (d) The Government can take over tile reservoir.

Possible reasons i) Water cannot be captured by one person for his personal use. ii) The government must ensure equitable distribution of water. iii) Whatever is under Surely land may be used by him. iv) Suresh has to respect the rights of others regarding water.

Your decision with the reason

(a) (iii)
(b) (i)
(c) (iv)
(d) (ii)

6. Principles 1. An employer shall be liable for the wrongs committed by his employees in the course of employment. 2. Third parties must exercise reasonable care to find out whether a person is actually acting in the course of employment.

Facts : Nandan was appointed by Syndicate Bank to collect small savings from its customer spread over the different places on daily basis. Nagamana, a housemaid, was one of such customers making use of Nandan’s service. Syndicate Bank after a couple of years terminated Nandari’s service. Nagamana, unaware of this fact, was handing over her savings to Nandan who misappropriated them. Nagamana realized this nearly after three months, where she went to the Bank to withdraw money. She filed a complain against bank.

Possible decision (a) Syndicate Bank shall be liable to compensate Nagamma (b) Syndicate Bank shall not be liable to compensate Nagamma (c) Nagamma has to blame herself for her negligence.

Possible Reason i) Nandan was not acting in the course of employment after the termination of his service. ii) A person cannot blame others for his own negligence. iii) Nagamma was entitled to be informed by the bank about Nandan iv) The Bank is entitled to expect its customers to know actual position

Your dicision with the reason

(a) (b) (i)
(b) (c) (ii)
(c) (a) (iii)
(d) (b) (iv)

7. Principles: 1. Amaster shall be liable for the fraudulent acts of his servants committed in the course of employment. 2. Whether an act is committed in the course of employment has to be judged in the context of the case. 3. Both master and third parties must exercise reasonable care in this regard.

Facts: Rama Bhai was an uneducated widow and she opened a SB account with Syndicate Bank with the help ofher nephew by name Keshav who was at that time working as a clerk in the bank. Kehsav used to deposit the money of Rama Bhai from time to time and get entries doen in the passbook. After a year or so, Kehsav was dismissed from the service by the bank. Being unaware of this fact, Rama bhai continued to hand over her savings to him and Keshav misappropriated them. Rama Bhai realized this only when Keshav disappeared from the scene one day and she sought compensation from the bank. Possible decisions a) Syndicate Bank shall be liable to compensate Rama Bhai. b) Syndicate Bank shall not be liable to compensate Rama Bhai c) Rama Bhai cannot blame others for her negligence.

Possible Reasons i) Keshav was not an employee ofthe bank when the fraud was committed. ii) The Bank was not aware ofthe special arrangement between Rama Bhai and Keshav iii) It is the Bank’s duty to take care of vulnerable customers. iv) Rama bhai should have checked about Keshav in her own interest.

Your decision with the reason

(a) (a) (iii)
(b) (e) (iv)
(c) (b) (ii)
(d) (b) (i)

8. Principles: 1. A person is liable for negligence, if he fails to take care of his neighbour’s interest. 2. A neighbour is anyone whose interests should have been foreseeable by a reasonable man while carrying on his activities.

Facts: A cricket match was going on in a closed door stadium. A cricket fan who could not get into the stadium was watching the game by climbing up a nearby three and sitting there. The cricket ball in the course of the game went out of the stadium and hit his person and injured him. He filed a suit against the organizers.

Possible decisions (a) The organizers are liable to compensate the injured person. (b) the organizers are not liable to compensate the injured person. (c) The injured person should have avoided to place where he might be hit by the cricket ball.

Possible reason i) The organizers are responsible for the people inside the stadium. ii) The organizers could not have foreseen somebody watching the game by climbing up a tree. iii) A person crazy about something must pay the price for that iv) The organizers shall be liable to everybody likely to watch the game.

Your decision with the reason

(a) (a) (iv)
(b) (a) (iii)
(c) (b) (ii)
(d) (c) (i)

9. Principles: 1.When a person unlawfully interferes in the chattel of another-person by which the latter is deprived of its use, the former commits the tort of conversion. 2. Nobody shall enrich himself at others expense.

Facts : A patients suffering form stomach ailment approached a teaching hospital. He was diagnosed as suffering from appendicitis and his appendix was removed. He became alright. The hospital however found some unique cells in the appendix and using the cell lines thereof, it developed drugs of enormous commercial value. When the erstwhile patient came to know about it, he claimed a share in the profit made by the hospital.

Possible Decisions a) The hospital need not share its profits with the patients. b) The hospital may share its profits on ex gratis basis c) The hospital shall share its profits with the patients

Possible Reason i) The patient, far from being deprived of the use of his appendix, actually benefited by its removal. ii) The hospital instead of throwing away the appendix conducted further research on it on its own and the development of drug was the result of its own effort. iii) The hospital could not have achieved its success without that appendix belonging to the patient. v) Everybody must care for and share with others.

Your decision with the reason

(a) (a) (i)
(b) (a) (ii)
(c) (c) (iii)
(d) (c) (iv)

10. Principles 1. Copying including attempt to copy in examinations is a serious offence. 2. One shall not take any unauthorized materials into the examination hall.

Facts : Rohini, an examinee in PUC, was thoroughly checked while entering into the examination hall. She did not have anything other than authorized materials such aspen, instrument box, etc. with her. As she was writing-her paper, an invigilator found close to her feet a bunch of chits. The invigilators on scrutiny found that the chits contained answers to the paper being written by Rob ini. Rohin’s answer tallied with the answers in the chits. A charge of copying was leveled against Rohini.

Probable Decision a) Rohini shall be punished for copying. b) Rohini cannot be punished for copying.

Probable Reasons i) Something lying near the feet does not mean that the person is in possession of that thing ii) The fact that she was checked thoroughly while getting into the hall must be conclusive. iii) Similarities between her answers and the answers in the chit indicate that she used those chits. iv)After using those chits, she must have failed to dispose ofthem properly.

Your decision with the reason

(a) (a) (iii)
(b) (a) (iv)
(c) (b) (iii)
(d) (b) (i)

11. All contracts are agreements. All agreements are accepted offers. Which of the following derivation is correct?

(a) All accepted offers are contracts
(b) All agreements are contracts
(c) All contracts are accepted offers
(d) None of the above

12. No minor can enter into a contract of work. Working in a shop can be dune only by a contract. Which of the following derivation is correct?

(a) A minor cannot work is a shop
(b) A shop cannot contract with a minor.
(c) There cannot be a contract to which minor is a party.
(d) None of the above.

13. All motors 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?

(a) All Third Party Insurances relate to motor vehicles.
(b) Vehicles not using mechanical device need not have Third Party Insurance
(c) All vehicles must have Third Party Insurance
(d) None of the above.

14. A contract contravening public policy is void. There cannot be a general definition of public policy. Which of the following is comet derivation from the above?

(a) There cannot be a general deputation of contract
(b) Since public policy is uncertain, contract is also uncertain.
(c) The impact of public policy on contract is to be judged in individual cases.
(d) None of the above

15. International law is the law between sovereign states. A sovereign is the supreme authority not bound by legal constraints. Which of the following is correct derivation from the above?

(a) International law is not law binding no the sovereign states.
(b) International law is only a positive morality
(c) International law is in the nature of pact between sovereign states.
(d) None of the above.

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