CLAT (Common Law Admission Test) 2018 MCQs Questions Answer Without Solution Paper Part 18

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Question 162

Legal Principle: It is an offence to obstruct a public servant in the due discharge of his duty. Right of private defence is available to protect one՚s person and property

Fact Situation: Sidhu comes to the rescue of his uncle who is sought to be taken into a car by some men. In the process, he causes injury to some of them. Later, it turns out that the men were police persons in plain clothes trying to enforce a warrant against his uncle.

Which of the following statements is the most appropriate in relation to the legal principle stated above?

A. Sidhu has committed the offence of obstructing a public servant in due discharge of his duty.

B. Sidhu has not committed an offence since he did not know that the men were from the police.

C. Sidhu՚s uncle has resisted arrest and should be proceeded against

D. Sidhu should not have tried to help his uncle without ascertaining the fact

Question 163

Legal Principle: An employer is liable for the act of his servant performed during the course of employment.

Fact Situation: While working as a driver for Verma, Alok sometimes used to earn some side income by carrying parcels for others in Verma՚s car without his knowledge or permission While going to pick Verma from the airport one day, Alok stopped to deliver a parcel he was carrying with him. While he was delivering the parcel, which unknown to him was one of contraband goods, the police arrested Alok.

Which of the following statements is the most appropriate in relation to the legal principle stated above?

A. Verma is liable for the act of Alok since he is Verma՚s driver

B. Vermais liable for the act of Alok since he had gone to pick Verma from the airport.

C. Verma is not liable for the act of Alok since Alok himself did not know that he was carrying contraband goods.

D. Verma is not liable for the act of Alok since carrying the parcel was not in the course of his employment.

Question 165

Legal Principle: The Latin maxim nemo bispunitur pro eodemdelictomeans that nobody can be punished twice for the same offence.

Fact Situation: Sajan, a petty thief, is caught and thrashed thoroughly by the people before being handed over to the police. Sajan pleads before the magistrate that since he was already thrashed by the people he should not be again punished by the State.

Which of the following statements is the most appropriate in relation to the legal principle stated above?

A. Sajan is right since nobody should be punished for the same offence twice.

B. Thrashing given by the people does not amount to legal punishment and so Sajan can be punished by the State.

C. Giving a good thrashing to the thief is the best form of punishment to prevent future theft.

D. The Magistrate should take into consideration the thrashing received by Sajan while fixing his punishment.

Question 166

Legal Principle: The Latin maxim qui facit per alium, facit per semeans that he who acts through another, acts himself.

Fact Situation: Heema requests her minor sister Harika to purchase a bag for her from the local shop. Harika purchases the bag on credit telling the shop keeper that her sister will pay for it. Afterwards, Heema refuses to pay for the bag.

Which of the following statements is the most appropriate in relation to the legal principle stated above?

A. Since Heema has not purchased the bag herself she is not liable to pay for it.

B. Harika being a minor the shop keeper should not have sold the bag to her.

C. Since she purchased the bag through her sister, Heema is liable to pay for it.

D. Harika being a minor should not have been entrusted by Heema for the purchase of the bag.

Question 167

Legal Principle: Negligence is the absence of care by one party which results in some damage to another. Damage is an essential ingredient to constitute a tort of negligence.

Fact Situation: Mistry left his ladder on the public road while unloading it from a truck when he went to open the shutters of his shop. Saini who was riding his motorcycle had to swerve hard to avoid hitting the ladder as he came with speed on the road. Saini fell down but was miraculously not injured.

Which of the following statements is the most appropriate in relation to the legal principle stated above?

A. Mistry is not liable for the tort of negligence since Saini was not injured though he fell down.

B. Mistry is liable for the tort of negligence since Saini fell down due to the presence of the ladder.

C. Mistry is not liable for the tort of negligence since Saini was speeding on the road.

D. Mistry is liable for the tort of negligence since he was careless in leaving the ladder on the road.

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