CLAT (Common Law Admission Test) 2018 MCQs Questions Answer Without Solution Paper Part 19

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Question 168

Legal Principle: Every partner is liable alone and jointly with other partners for the debts of a partnership firm incurred for the business. Every partner is an agent of every other partner while being a principal in his own right in the business of the partnership.

Fact Situation: Varun is a partner in a firm with Chinmoy and Jaffar. Jaffar purchases a car for his personal purpose and obtains credit for the same in the name of the partnership behind the back of the other partners. He fails to pay the due amount on the expiry of the period of credit.

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

A. Varun, Chinmoy and Jaffar are liable to pay for the car since they are partners and the credit was obtained in the name of the firm.

B. Varun and Chinmoy are not liable to pay for the car since Jaffar purchased it for his personal purpose.

C. Varun, Chinmoy and Jaffar are liable as partners for all credit obtained in the name of the firm even if it is for the personal purpose of a partner.

D. Jaffar can use the credit of the firm to make purchases even for personal purposes since he is a partner in the partnership.

Question 169

Legal Principle: Parents are not liable for wrongs committed by their children unless they provide the opportunity for such wrongful acts to be committed by their children.

Fact Situation: Sunil, a minor, takes the keys to his father՚s car from the table top where his father keeps it, drives the car on the public road and hits a pedestrian who gets injured.

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

A. Since Sunil took the car without his father՚s permission, his father is not liable for Sunil՚s act resulting in the accident

B. Sunil՚s father is liable for the conduct of Sunil resulting in the accident since he left the car keys where his son could easily take it without permission.

C. Accidents happen despite utmost care and hence neither Sunil nor his father is liable in the instant case.

D. Sunil՚s father is not liable since he had kept his car locked and securely deposited its keys without negligence on his table top.

Question 170

Legal Principle: No remedy lies in law where an injury is caused to a person without any infringement of his legal right.

Fact Situation: Ashutosh started a tuition Centre right next to the one being run for the past twenty years by Gulshan. After Ashutosh started his Centre, a large number of students shifted from Gulshan՚s tuition Centre to Ashutosh՚s Centre forcing Gulshan to close down his establishment suffering huge losses. Can Gulshan initiate legal action against Ashutosh?

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

A. Ashutosh must compensate Gulshan for his loss consequent to the start of the new tuition centre.

B. Gulshan cannot blame Ashutosh if he cannot retain his students.

C. Ashutosh has not violated any legal right of Gulshan, though students shifted to Ashutosh՚s Centre and though Gulshan suffered loss, after he shut down his tuition Centre.

D. Gulshan should have improved his quality with lower fees to retain his students in the light of competition brought in by Ashutosh.

Question 171

Legal Principle: Article 20 (3) of the Constitution of India states that no person accused of any offence shall be compelled to be a witness against himself.

Fact Situation: Ubaid refuses to give a sample of his blood after he is stopped by the police for driving over the speed limit. The police suspect him to be driving under the influence of alcohol, which is prohibited under the law.

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

A. Ubaid is protected by Article 20 (3) in his refusal to give a blood sample.

B. Ubaid is not protected by Article 20 (3) as he was under the influence of alcohol.

C. Ubaid is not protected by Article 20 (3) in his refusal to give a blood sample since he is not accused of any offence yet.

D. Refusal to give a blood sample is a crime and Ubaid must be punished for the same.

Question 172

The law which provides special powers to the Armed Forces in India is popularly known as:

A. AFSPA

B. POTA

C. TADA

D. SARFAESI

Question 173

Legal Principle: The law states that a food business operator must be registered with or licensed by the Food Safety and Standards Authority of India (FSSAI) to run a food business.

Fact Situation: Kavita՚s neighbours suffer food poisoning after consuming sweets gifted by her on the occasion of a celebration at her home. Kavita does not have a registration or license from the FSSAI.

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

A. Kavita is in violation of the law since she does not have a FSSAI registration or license.

B. Kavita is not in violation of the law since she did not make the sweets she gave by way of gift.

C. Law does not apply in cases like this where transactions happen between neighbours.

D. Kavita need not take a license or register with FSSAI since she is not running a food business.