Diagnostic Mock Test on AILET Pattern
SECTION III: LEGAL APTITUDE
71. Principle: An assault is an attempt to do a corporal hurt to another coupled with an apparent present ability and intention to do that act. A battery is the intentional and direct application of any physical force to the person of another.
Facts: A was sitting on a chair reading a book. His friend B decided to play a practical joke on him. Accordingly he pulled the chair from under him. As a result of which A landed on the floor.
(a) B’s act amounts to a battery.
(b) B’s act amounts to an assault.
(c) B’s act amounts to an assault till the time A lands on the floor.
(d) B’s act amounts to neither because there was no intention.
Principle: (Common for question nos. 72 and 73): False imprisonment is a total restraint of the liberty of a person, for however short a time, without lawful excuse.
72. Facts: A was driving down a road heading to her house. As she reached close to her house she found that a few people led by B protesting against an unfair law had blocked the road. There was no alternate road to her house and hence she was stuck there for around 5 minutes.
(a) B and his group are liable for having falsely imprisoned A.
(b) B and his group are not liable for falsely imprisoning A since they were exercising their right to protest.
(c) B and his group are not liable for falsely imprisoning A since they did not totally restrain the liberty of A.
(d) B and his group are not liable for falsely imprisoning A since 5 minutes is too short a time.
73. Facts: A was suspected of having committed the murder of B. C, a policeman
who was investigating into B’s murder, saw A in a market. He went up to him, caught hold of his hand and prevented him from going anywhere.
(a) C is liable for having falsely imprisoned A, since to arrest a person a policeman requires permission from a Magistrate.
(b) C is not liable for having falsely imprisoned A, since for the offence of murder a policeman need not take the permission of a Magistrate to arrest.
(c) C is not liable for having falsely imprisoned A since the restraint was not total.
(d) C is not liable for having falsely imprisoned A since he did not take him to a prison.
Principle: (Common for question nos. 74, 75 and 76): A master is liable to third persons for every such wrong of his servant as committed in the course of service. For acts committed beyond the scope of employment the master is liable only if he expressly authorised the act.
74. Facts: A owned a bus and he had hired B to drive it and C to be the conductor.
One day when B had stepped out of the bus to have a cup of coffee, C decided to turn the bus around so that it was ready for its next trip. While doing so, C ran over D’s leg causing major injuries to him. D sued A for damages.
(a) D will succeed since C was employed by A.
(b) D will not succeed since A had not authorised C to drive the bus.
(c) D will not succeed since the bus was not on an official trip.
(d) D will succeed since turning the bus was in the course of employment.
75. Facts: A owned a truck and he had hired B to drive it on one of its trips. C flagged the truck down and asked to be dropped to a nearby city. B agreed to do so for a small amount of money. The truck met with an accident en route in which C was badly injured. C sued A for damages
(a) A will be liable since B did the act in the course of his employment.
(b) A will be liable since he had not instructed B not to pick up passengers.
(c) A will not be liable since taking passengers in a truck had no connection with his business.
(d) A will not be liable because B was an experienced driver.
76. Facts: A handed over Rs 5000 to her neighbour B, who was an employee of a bank, and asked him to deposit the money in her account. Instead of doing so, B spent the money. A sues the bank for damages.
(a) The bank will be liable since B was its employee.
(b) The bank will not be liable since B was not authorised to collect money from A.
(c) The bank will not be liable since A gave money to B in his capacity as a neighbour and not as an employee of the bank.
(d) The bank will not be liable since this is a criminal act.
Principle: (Common for question nos. 77, 78 and 79): A contract requires a proposal and an acceptance of the proposal. It is necessary to make a binding contract, not only that the proposal be accepted but also that the acceptance is notified to the proposer.
77. Facts: A sent a letter to B stating that he was writing to sell to B, 10 bags of rice at Rs 20 each. B made a telephone call to A to inform him that he had accepted the offer. Just as he was stating his acceptance, a very noisy aircraft flew over
B’s house. A was not able to hear the acceptance.
(a) There is no contract since the acceptance has not been notified to A.
(b) There is no contract since the reply also has to be in writing.
(c) This is a valid contract since B conveys his acceptance to A. It does not matter if A heard it or not.
(d) None of the above.
78. Facts: A sent a letter to B stating that he was willing to sell to B, 10 bags of rice at Rs 20 each. B wrote a letter to A accepting the offer and posted it.
(a) The contract is entered into the moment B posts the letter.
(b) The contract is entered into only after A receives and reads the letter.
(c) The contract is entered into only after A receives the letter, reads it and then gets back to B.
(d) The contract is entered into the moment A makes the offer.
79. Facts: A sent a letter to B stating that he was willing to sell to B, 10 bags of rice at Rs 20 each. B sent an e-mail to the address mentioned in the letter head accepting the offer.
(a) The contract is entered into the moment the mail reaches A’s server.
(b) The contract is entered into only after A sees the e-mail. (c) The contract is entered into when A sent the letter.
(d) The contract is entered into the moment B receives an automated delivery receipt.
Principle: (Common for question nos. 80, 81, 82 and 83): The object of an agreement is lawful unless it is forbidden by law; or is of such a nature that, if permitted, it would defeat the provision of any law; or is fraudulent; or involves or implies injury to the person or property of another; or the court regards it as immoral or it is opposed to public policy.
80. Facts: A and B entered into a contract, whereby A agreed to get married to B, if her parents paid A Rs 1,00,000 before the wedding. B’s parents failed to pay the promised amount. A sues B and her parents.
(a) A will succeed because all the requirements of a contract are met.
(b) A will succeed since the payment of the amount was the condition precedent for the wedding.
(c) A will not succeed since the contract is void, its object being against the law.
(d) A will not succeed since B was not a party to the contract.
81. Facts: A was arrested by the police for committing an offence and was subsequently granted bail by the court. One of the conditions imposed by the court for granting bail was that A would arrange for a surety for Rs 50,000. A approached B to be surety, B agreed but insisted that they enter into a contract whereby A would deposit Rs 50,000 into B’s account which would be returned to A by B after the case was over.
(a) The contract would be void since its effect is to defeat the provisions of the CrPC.
(b) The contract would be void because A cannot enter into a contact when a criminal case is going on against him.
(c) The contract would be void because the court is not a party to it.
(d) The contract would be valid.
82. Facts: A and B, a Hindu couple were married to each other. Owing to difference between them, they decided to get divorced. They entered into a contract laying down the condition that both parties had to adhere to. One of the terms of the contract was that their children would not be entitled to claim the ancestral property of A, the husband.
(a) The contract will be void since the children are not a party to the contract.
(b) The contract will be void since its terms since it is opposed to the personal laws of the parties.
(c) The contract will be valid.
(d) The contract will be void since a woman cannot enter into a contract with her husband.
83. Facts: The BCCI decided to hold an auction to sell IPL teams.12 bidders registered for the auction. Unknown to the BCCI, these 12 bidders had entered into a contract that they would not bid more than a certain amount.
(a) The contract will be void because BCCI is not a party to it.
(b) The contract will be void since the object of the contract is to cause a loss to the BCCI.
(c) The contract will be void since the maximum number of parties to a contract as per Indian law is 10.
(d) The contract will be valid.
Principle: (Common for question nos. 84 and 85): Whoever intending to take
dishonestly (with an intention to cause wrongful loss to another or wrongful gain to himself) any moveable property without that person’s consent moves that property in order to such taking, is said to commit theft.
84. Facts: A had lent his watch to B for a period of a month. Two days after he had done so, he walked into B’s office to find the watch on B’s table. He decided to take the watch back. A was prosecuted for theft.
(a) A is not guilty of the offence since he owned the watch.
(b) A is not guilty of the offence since he was not doing the act dishonestly.
(c) A is guilty of the offence since he caused wrongful loss to B.
(d) A is not guilty of the offence since he had lent the watch to B only for a short period of time.
85. Facts: A handed over his watch to B for safekeeping. B sells the watch to C, which he was not authorised to do. B is prosecuted for theft.
(a) B is guilty of theft because he gained from the act.
(b) B is not guilty of theft because he was in possession of the watch.
(c) B is not guilty of theft because A had given him the watch.
(d) B is not guilty of theft because he has not caused wrongful loss to A.
86. How many members are required to support the introduction of a no-confidence motion in the Lok Sabha?
(a) Two-thirds of the membership of the House
(b) 50 members
(c) 80 members
(d) 60 members
87. The Supreme Court in its ................_ judgment held that non-payment of minimum wages is a type of forced labour.
(a) Asiad workers case
(b) Minerva Mills case
(c) Lokhandwala Mills case
(d) T. Krishnamachari case
88. X duly posts a letter of acceptance to Y. But the letter is lost in transit by the negligence of the post office.
(a) There is no contract concluded because the acceptance has not reached the proposer.
(b) There is no contract concluded because the proposer had not received the letter.
(c) The contract is concluded because the acceptance is complete from the date of dispatch, notwithstanding any delay or miscarriage in its arrival from causes not within the acceptor’s control
(d) one of these.
89. Ramesh asks his servant to sell his cycle to him at a price less than that of market price. This contract can be avoided by the servant on the ground of ................_.
(a) fraud (b) mistake
(c) undue influence (d) coercion
90. Frustration of contract implies .................
(a) commercial hardship
(b) physical impossibility due to disappearance of the subject-matter of the contract or the object has failed to materialise
(c) both (a) and (b)
(d) neither (a) nor (b)
91. With the approval of the Parliament the National Emergency can continue for .................
(a) a maximum period of three years
(b) a maximum period of one year
(c) an indefinite period
(d) a maximum period of six months
92. Choose the correct statement: Doctrine of double jeopardy means .................
(a) a person should not be punished more than once for the same offence
(b) a person should be punished more than once for the same offence
(c) a man may be put twice in peril for the same offence
(d) a man may commit the same offence twice but will get punishment once only
93. “What cannot be done directly cannot be done indirectly.” This statement epitomises the doctrine of .................
(a) pith and substance
(b) implied powers
(c) ancillary powers
(d) colourable legislation
94. Public holidays are declared under ................_.
(a) Negotiable Instruments Act, 1881
(b) Contract Act, 1872
(c) Public Employees Act, 1967
(d) none of the above
95. A Hindu wife can marry immediately after divorce. A Muslim wife ................_.
(a) can also marry immediately
(b) has to wait till period of Iddat (seclusion) is over
(c) has to wait for one year
(d) none of the above
96. Sometimes, an accused seeks pardon from the court and offers to give evidence against all others involved in a crime. He is called ................_.
(a) witness (b) clone
(c) approver (d) accomplice
97. What is the legal meaning of the word “battery”?
(a) Cells, as used in torch, tape recorder, etc.
(b) Battering a person to death.
(c) Actual or intended striking of another person.
(d) Assault resulting in, at least, six months hospitalisation.
98. Once appointed, judges of the Supreme Court serve till they attain the age of................_.
(a) 62 years (b) 63 years
(c) 64 years (d) 65 years
Directions (99–103): The following five (5) items consist of two statements, one labeled as “Assertion A” and the other labeled as “Reason R”. You are to examine these two statements carefully and decide if the Assertion A and the Reason R are individually true and if so, whether the Reason is a correct explanation of the Assertion. Select your answers to these items using the codes given below and mark your answer-sheet accordingly.
(a) Both A and R are true and R is the correct explanation of A.
(b) Both A and R are true but R is not a correct explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.
99. Assertion (A): A stranger to a contract has no right to enforce it against the parties to the contract.
Reason (R): Privity of contract between the parties is essential for enforcement of contract.
100. Assertion (A): A finder of a thing has title to it.
Reason (R): The finder’s title to a thing is superior to that of the owner.
101. Assertion (A): A minor is not competent to enter into any contract, even for necessaries.
Reason (R): For necessaries supplied to a minor, his estate can be made liable to reimburse.
102. Assertion (A): A legal right is a legally protected interest.
Reason (R): An element of advantage is essential to constitute a right.
103. Assertion (A): Customs to have the force of law must be immemorial.
Reason (R): Custom represents common consciousness of people.
104. An accomplice means .................
(a) a partner in crime
(b) a partner in business
(c) a partner in court
(d) none of the above
105. Which one of the following relates to the method of acquiring immoveable property under certain conditions by possession for a statutory period of time?
(a) possession in fact
(b) possession in law
(c) adverse possession
(d) universal possession
ANSWERS AND EXPLANATIONS
1. (d) 2. (a)
3. (b) 4. (c)
5. (d) 6. (c)
7. (a) 8. (b)
9. (d) 10. (a)
11. (b) 12. (d)
13. (a) 14. (c)
15. (d) 16. (a)
17. (d) 18. (c)
19. (b) 20. (b)
21. (a) 22. (a)
23. (d) 24. (a)
25. (d) 26. (c)
27. (a) 28. (b)
29. (c) 30. (a)
31. (c) 32. (b)
33. (d) 34. (b)
35. (c) 36. (c)
37. (a) 38. (a)
39. (d) 40. (a)
41. (b) 42. (d)
43. (c) 44. (a)
45. (a) 46. (d)
47. (b) 48. (d)
49. (a) 50. (b)
51. (b) 52. (d)
53. (d) 54. (a)
55. (c) 56. (a)
57. (a) 58. (c)
59. (b) 60. (d)
61. (c) 62. (b)
63. (c) 64. (a)
65. (b) 66. (c)
67. (d) 68. (a)
69. (d) 70. (c)
71. (b) 72. (c)
73. (b) 74. (b)
75. (a) 76. (c)
77. (a) 78. (b)
79. (b) 80. (c)
81. (a) 82. (b)
83. (b) 84. (b)
85. (b) 86. (a)
87. (a) 88. (a)
89. (c) 90. (b)
91. (c) 92. (a)
93. (d) 94. (a)
95. (b) 96. (c)
97. (c) 98. (d)
99. (a) 100. (c)
101. (d) 102. (b)
103. (a) 104. (a)
105. (b) 106. (d)
107. (a) 108. (b)
109. (c) 110. (a)
111. (b) 112. (a)
113. (d) 114. (b)
115. (b) 116. (b)
117. (a) 118. (a)
119. (d) 120. (a)
121. (b) 122. (d)
123. (d) 124. (b)
125. (d) 126. (b)
127. (c) 128. (a)
129. (b) 130. (d)
131. (a) 132. (c)
133. (c) 134. (b)
135. (d) 136. (c)
137. (a) 138. (d)
139. (d) 140. (d)
141. (b) 142. (d)
143. (b) 144. (a)
145. (d) 146. (a)
147. (b) 148. (c)
149. (d) 150. (d)
SECTION III: LEGAL APTITUDE
71. Attempt is enough along with ability, the need for perceiving that threat is not given in the principle.
73. There was lawful excuse.
75. Authorised act done wrongly.
77. Notification would require the receiver of the acceptance to hear the acceptance.
80. Marriage for the payment of money is against public policy.
81. The object was to get a third-party surety not simply restructure the money trail.
82. Ancestral property has to be given to the children irrespective of a valid will.
83. This is basically cartelisation.
84. No wrongful loss since it was not given on rent but simply lent.
86–105.Legal GK Self-explanatory