CLAT (Common Law Admission Test) 2018 MCQs Questions Answer Without Solution Paper Part 21

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Question 181

Legal Principle: Nuisance is the unlawful interference with a person՚s enjoyment of his land or some rights over or in connection with it.

Fact Situation: Ashok, in his nineties, is hard of hearing and plays the radio very loudly throughout the day and on a daily basis. Raju, his neighbour, complaints that he cannot listen to his favourite TV show in his home due to the radio of Ashok.

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

A. Listening to the radio is Ashok՚s freedom

B. Ashok is creating nuisance to his neighbour by playing the radio loud perpetually and disturbing Raju in being able to listen to the TV in his home.

C. Raju is creating nuisance by complaining about Ashok՚s enjoyment of hearing his radio.

D. Raju should appreciate that Ashok is aged and hard of hearing.

Question 182

Legal Principle: Agreements in restraint of trade are void and unenforceable.

Fact Situation: Manu has been working as a blacksmith in his village for many decades. Somu has been undergoing training with him for the past three years. After his training is over, Somu enters into an agreement with Manu that he will not start a competing business in the same village while Manu is alive.

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

A. This agreement is void and unenforceable since it is a restraint on trade.

B. This agreement is valid and enforceable since Manu is Somu՚s teacher

C. This agreement is valid but not enforceable after Manu՚s death

D. This agreement is valid and enforceable since it is to protect Manu՚s interest in consideration for teaching Somu to be a blacksmith.

Question 185

Legal Principle: A person is liable to compensate others for harm caused by the escape of any inherently dangerous material that he keeps on his land.

Fact Situation: Ankit lights a bonfire in his courtyard to warm himself up during a cold winter evening. A strong wind suddenly blows some sparks from the fire, on to his neighbour՚s house which catches fire and gets completely destroyed.

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

A. Ankit՚s neighbour is liable to Ankit for distress caused by keeping a house that catches fire so quickly.

B. Ankit is not liable because nobody could foresee that the sudden wind will blow the sparks to cause a fire.

C. Ankit՚s neighbour cannot make Ankit liable for the loss of his house since it was an accidental fire that destroyed it.

D. Ankit is liable to compensate because the fire escaped from his premises to burn down his neighbour՚s house.

Question 186

Legal Principle: A characteristic feature of partnerships is the principle of mutual agency, i.e.. , every partner is an agent for every other partner and will hence be able to bind them by his act, within the business of partnership.

Fact Situation: Ram and Shyam are partners of M/s R & S Trading Company which trades in rice varieties. Ram agrees to purchase ten tons of rice from Govind. Ram dies after the rice is delivered to the premises of M/s R & S Trading Company but before the payment of price is made. Is the agreement binding on Shyam?

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

A. Being partners, Ram՚s agreement to purchase rice for their partnership, is not binding on Shyam.

B. Since Ram is no more, the agreement is not binding on Shyam.

C. Being partners, Ram՚s agreement to purchase rice for their partnership, is binding on Shyam.

D. The agreement is binding on Ram and not on Shyam since the rice is delivered only to M/s R & S Trading Company and not to Shyam.

Question 187

Who is an Ombudsman?

A. A judicial officer designated to receive complaints against the violation of rights of citizens.

B. An official who is charged with representing the interests of the public by investigating and addressing complaints of maladministration or a violation of rights.

C. An elected representative of the people to investigate and address the complaints of maladministration or a violation of rights.

D. A specially designated police officer assigned with the power to investigate and address the complaints of maladministration or a violation of rights.

E. None of the above

Question 188

Which authority in India notified the guidelines for the protection of persons assisting accident victims on Indian roads based on the Supreme Court direction?

A. Ministry of Surface Transport, Govt. of India

B. Ministry of Social Justice, Govt. of India

C. Ministry of Road Transport and Highways, Govt. of India

D. National Human Rights Commission