Law Questions and Answers - Set 24

1 According to Explanation 2 to Section 25 of the Indian Contract Act, which of the following statements are correct ?

An agreement to which the consent of the promisor is not freely given is valid because consideration is adequate
An agreement to which the consent of promisor is freely given is valid even if consideration is inadequate
Consideration must be legal
Consideration can be illegal

Codes :

1 i and ii are correct

2 ii and iii are correct

3 iii and iv are correct

4 i and iv are correct

View Answer

Answer: ii and iii are correct

2 In Jyotindra Bhattacharjee Vs. Mrs. Sona Balon Bora, it was held that

1 the onus of proving soundness of mind of a person always rests upon a person who alleges such state of mind of another person

2 the onus of proving unsoundness of mind of a person always rests upon a person who alleges such state of mind of another person

3 the onus of proving unsoundness of mind rests upon person of unsound mind

4 the onus of proving unsoundness of mind is on the judge deciding the case involving person of unsound mind

View Answer

Answer: the onus of proving unsoundness of mind of a person always rests upon a person who alleges such state of mind of another person

3 Read Assertion (A) and Reason (R) and give the correct explanation with the help of codes given below :

Assertion (A) : Agreement is void when both parties are under mistake as to the matter of law Reason (R) : Parties entering into a contract are legally obliged to know the law relating to the contract

1 (A) and (R) are correct and (R) is correct reason for (A)

2 (A) is correct, but (R) is wrong

3 (R) is correct, but (A) is wrong

4 Both (A) and (R) are wrong

View Answer

Answer: Both (A) and (R) are wrong

4 Where, a law promulgated after the contract is made, makes the performance of the agreement impossible, the agreement becomes

1 Voidable

2 Valid

3 Void

4 Absolutely binding

View Answer

Answer : Void

5 Who is the propounder of ‘Pigeon hole’ theory ?

1 Winfield

2 Salmond

3 Flemming

4 Paton

View Answer

Answer: Salmond

6 The owner of the bus instructed the driver not to race and compete with other omnibuses on a particular route. Driver still tried to obstruct a rival omnibus and caused an accident. What shall be the nature of liability ?

1 The driver shall be liable for the accident because he did not follow the instructions of his owner

2 It shall be the liability of the owner of bus because he has no authority to give instruction to his driver and his act was totally wrong

3 The owner of the bus shall be vicariously liable for the accident committed by his driver during the course of employment

4 Neither owner nor driver shall be liable

View Answer

Answer: The owner of the bus shall be vicariously liable for the accident committed by his driver during the course of employment

7 Which of the following is NOT a sovereign function of the State ?

1 Construction of military road

2 Injury to the plaintiff during the lathi-charge by the police to disperse the unlawful crowd

3 A Government jeep being taken from the workshop to the collector’s bungalow for his use

4 Distribution of meals to army personnel

View Answer

Answer: A Government jeep being taken from the workshop to the collector’s bungalow for his use

8 Assertion (A) : A wooden chair while being used by a guest, caused an injury to him due to defective manufacture. The guest is entitled to claim damages from the manufacturer. Reason (R) : The manufacturer owes a duty to take care only towards the lawful buyer under the Consumer Protection Act.

1 Both (A) and (R) are true and (R) is the correct explanation of (A)

2 Both (A) and (R) are true, but (R) is not the correct explanation of (A)

3 (A) is true, but (R) is false

4 (A) is false, but (R) is true

View Answer

Answer: (A) is true, but (R) is false

9 If a journalist publishes an article in a leading newspaper that all lawyers were thieves, no particular lawyer could sue him unless there is something to point to the particular individual. It refers to

1 Defamation of a company

2 Innuendo

3 Defamation of public figures

4 Defamation of class of persons

View Answer

Answer: Defamation of class of persons

10 The Revenue Inspector knowingly disobeys the direction to conduct enquiry at a place for demarcation, what offence, if any, has been caused by him under IPC ?

1 An offence as per Sec. 166-A

2 For continuing to remain in an unlawful assembly as per Sec. 145

3 For touching any point material as per Sec. 199

4 For giving false information as per Sec. 201

View Answer

Answer: An offence as per Sec. 166-A

11 A man has committed physical contact involving unwelcome sexual overture against a female. What offence has been caused by him under IPC ?

1 Requesting for sexual favour as per Sec. 354-A(1)(ii)

2 Sexual harassment as per Sec. 354(1)(i)

3 Out-raging of modesty as per Sec. 354

4 Attempt to rape as per Sec. 370(A)

View Answer

Answer: Sexual harassment as per Sec. 354(1)(i)

12 Read the Assertion (A) and the Reason (R) given below to answer the correct explanation using the codes :

Assertion (A) : The legal right involves freedom from penalty. Reason (R) : A legal right is one which is either enforceable or recognised. Codes :

1 Both (A) and (R) are correct, but (R) is not the correct explanation of (A)

2 Both (A) and (R) are true and (R) is the correct explanation of (A)

3 Assertion(A) is correct, but Reason(R) is wrong

4 Assertion (A) is incorrect because Reason (R) fixes liability when not enforceable or derecognised

View Answer

Answer: Both (A) and (R) are true and (R) is the correct explanation of (A)

13 The maxim ‘ream linguam non facit nisi mens rea’ is propounded by

1 Coke

2 Lord Kenyon

3 Augustine

4 Lord Arbinger

View Answer

Answer: Augustine

14 Fill in the gap :

Disobedience of law is not ordinarily a crime unless that act is declared as crime by some ______

1 law

2 method

3 society

4 All the above

View Answer

Answer: law

15 The Indian Penal Code prohibits fixing of liability on a person so long he is authorised or gives assent to it. But there is an exceptional situation arising out of :

1 Libel

2 Public nuisance

3 Contempt of Court

4 All of them

View Answer