Mock Tests CLAT Common Law Admission Test Mock Test 2 Part 10

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117. Which Provisions of the Transfer of Property Act defines ‘lease’ ?

(a) Section 105

(b) Section 106

(c) Section 107

(d) Section 108

Ans: (a)

Directions (Q. Nos. 118 to 120) Answer the Questions by application of the following legal principle.

  • Principle When two or more persons agree to do, or cause to be done, an illegal act, or an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
  • It is immaterial whether the illegal act is ultimate object of such agreement or is merely incidental to that object.

118. John, Thomson, Robert, Smith and Chriss entered into an agreement to destroy an office building of the ′ Government of India. John purchased AK-47 rifles and guns and explosive. Thomson supplied vehicles. Robert contributed money. Smith and Chriss planned, conducted meetings, and made plans for the commission of the act. John, Thomson, and Robert before reaching the office building were apprehended by police and were shot dead. Decide about the offence of Smith and Chriss

(a) Smith and Chris are not guilty of conspiracy as they had not gone in the vehicle for committing crime

(b) liability of Smith and Chriss comes to end with the death of main accused persons viz John, Thomson, and Robert

(c) as no offence is committed no one is responsible

(d) Smith and Chris are to be punished as it is immaterial in the criminal law, whether illegal act is ultimate object of the agreement or merely incidental to that object

Ans: (b)

119. In case of conspiracy, there must be

(a) two or more persons

(b) more than one person

(c) Both (a) and (b)

(d) Only (b) is correct and (a) is incorrect

Ans: (b)

120. The gist of the offence of criminal conspiracy is

(a) agreement is necessary between two or more persons to do or cause to be done an illegal act

(b) a legal act by illegal means followed by an overt act to be done or cause to be done according to agreement

(c) Both (a) and (b)

(d) None of the above

Ans: (b)

Directions (Q. Nos. 121 to 125) Given below is a statement of legal principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among the alternatives given.

121. Principle There is no liability is tort in cases of inevitable accidents.

Facts The defendant who was one of a showing party, fixed on a peasant. One of the bullets from his gun glanced off the bough of a tree and accidentally wounded the plaintiff who was engaged in carrying cartridges and game for the party.

(a) Defendant is liable

(b) Defendant is not liable because it is an inevitable accident and could not be possible to prevent

(c) Defendant is liable because he had not act in this way

(d) None of the above

Ans: (b)

122. Principle Culpable homicide is murder if the act by which the death is caused is done with the intention of causing death. Facts X is in cultivating possession of agricultural land belonging to ‘Z’ . A suit is pending before the court for recovery of the said land. ‘X’ along with ‘Y’ intending to kill ‘Z’ to keep the disputed land in possession, plan and set fire to his house by locking ‘Z’ from outside just before midnight and by preventing other from coming to his rescue. ‘Z’ is roasted alive. Decide

(a) ‘X’ and ‘Y’ guilty of murder

(b) ‘X’ and ‘Y’ are not guilty of murder

(c) ‘X’ and ‘Y’ are guilty of culpable homicide not, amounting to murder

(d) None of the above

Ans: (a)

123. Principle A contract is an agreement which the law will enforce. All agreements are contract if they are made with-free consent by parties competent to contract for a lawful consideration and with a lawful object.

Facts ‘A’ , a young man and 30-year-old businessman of sound minds without any consideration agrees to give ‘B’ ₹ 10000. ‘A’ fails to fulfil his promise, ‘B’ sues ‘A’ for the amount

(a) ‘B’ will succeed as ‘A’ has the capacity to make the contract

(b) ‘B’ will succeed as ‘A’ made the promise of his own free will

(c) ‘B’ will succeed as the money is not being paid for any illegal object

(d) ‘B’ will fail as the agreement is without consideration

Ans: (d)

124. Principle A contract without consideration is void. When at the desire of one party, the other party does something the consideration is said to flow from the later to the former.

Facts A house was on fire and a child was trapped inside the house; everyone was shouting for help. A brave on looker, hearing the shouting of child, went inside the house and brought it out. The grateful father of the child promised to pay the rescuer ₹ 10000 subsequently be rendered the promise. The rescuer sued the promise for the breach.

(a) Commercial consideration cannot be applied to humanitarian help

(b) The father of the child must pay for the service rendered by the rescuer

(c) The recovery is not entitled to the payment, since he acted on his own

(d) None of the above

Ans: (c)

125. Principle No person can be judge in his own cause.

Facts An admission test is to be held to select the best students for admission on merit. The father of a candidate without disclosing that his son is appearing in the test is involved in conducting test. Objections are taken on the ground that the sanctity of the test is vitiated as a person undirected in the test has taken part in conducting it. Decide

(a) test is valid because father of candidate is not a judge in this case

(b) admission test is vitiated because father is a party of conducting the test and hence in a position to affect the result

(c) objection not on sound ground

(d) None of the above

Ans: (b)