CLAT (Common Law Admission Test) 2019 MCQs Questions Answer with Solution Paper Part 21

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Question 163

Principle: Whoever takes away any moveable thing from the land of any person without that person՚s consent is said to commit theft.

Facts: During his visit to the home of C, A asks B, the son of C, to accompany A to a forest. Neither A nor B inform C in this regard. B accompanies A to the forest.

A. A has committed theft.

B. A has not committed theft.

C. A has committed theft as soon as he entered the home of C

D. A has not committed theft till B did not accompany him.

Question 164

Principle: Nothing is an offence if it is done in good faith for the purpose of preventing or avoiding greater harm or damage to person or property.

Facts: A jumps into a swimming pool to save a boy from drowning. While pulling the boy from water A was hit by C. A left the boy in the water and attacked C. The boy died in the water.

A. A has not committed the offence of killing the boy.

B. A has committed the offence of killing the boy.

C. The boy has committed the offence of suicide.

D. The boy has committed the offence of drowning.

Question 165

Principle: Causing of an effect partly by an act and partly by an omission is an offence.

Facts: A did not provide any food to his daughter D. He also confined D in a room.

Consequently, D died.

A. A committed the offence of not providing food to D

B. A committed the offence of confining D

C. A committed the offence of killing D

D. A committed no offence.

Question 166

Principle: Nothing is an offence which is done in the exercise of the right of private defence. Nothing is an offence which is done in madness.

Facts: A, under the influence of madness, attempts to kill B. B to save his life kills A.

A. A has committed the offence of attempt to murder

B. A has committed an offence of being mad

C. B has committed an offence

D. B has not committed an offence

Question 167

Principle: A man is guilty of not only for what he actually does but also for the consequences of his doing.

Facts: A wanted to kill the animal of B. He saw B standing with his animal and fired a gun shot at the animal. The gun shot killed B.

A. A is guilty of killing B

B. A is not guilty of killing B

C. B is guilty of standing with the animal.

D. A did not know that the gun shot will kill B

Question 168

Principle: Mere silence as to facts likely to affect the decision of a person to enter into a contract is not fraud.

Facts: A sells to B (A՚s daughter who is a minor) a horse which A knows to be unsound.

A says nothing to B about the unsoundness of the horse.

A. A has committed fraud

B. A has committed no fraud

C. There cannot be a contract between a father and daughter

D. The daughter did not ask therefore the father did not tell, hence no fraud

Question 169

Principle: Whoever attempts to commit the offence of cheating, commits an offence.

Facts: A with an intention to defraud B, obtains from him an amount of ₹ 500.

A. A has committed no offence

B. A has committed the offence of cheating

C. A has attempted to commit the offence of cheating

D. A has attempted to commit and has committed the offence of cheating