CLAT (Common Law Admission Test) 2019 MCQs Questions Answer with Solution Paper Part 26

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Question 196

Principle: A spouse is not permitted to put in evidence in any court, any communication during marriage between the spouses without the consent of the person who made the communication.

Facts: X who is the wife of Y saw her husband (Y) coming out of the neighbour՚s house at

6.00 am in the morning. Y told his wife X that he has murdered the neighbour and handed over the jewellery of that neighbour to his wife.

A. X is allowed to appear as a witness in court to depose that her husband has told her that he committed a murder

B. X is not allowed to appear as a witness at all in any court

C. X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw

D. X is an independent woman and she can do whatever she wants

Question 197

Principle: Oral evidence must always be direct i.e.. , of the person who says he saw the event and hearsay evidence is no evidence.

Facts: X was told by Y (whom X trusts) that Z has murdered A

A. Statement of X is admissible

B. Statement of X is not admissible because he has not seen Z murdering A

C. Statement of X is admissible because he trusts Y and Y never tells a lie

D. Statement of X is admissible because he is a renowned social activist and has a huge reputation to fight for the truth

Question 198

Principle: Terms of any written contract can be proved by producing the written contract only and oral evidence is excluded.

Facts: A gives B receipt for money paid by B. Oral evidence is offered to prove payment.

A. Oral evidence to prove payment is allowed

B. Oral evidence to prove payment is not allowed

C. Oral evidence is always allowed to prove all facts

D. Oral evidence is generally disallowed

Question 199

Principle: Employer is liable for the injury caused to the employee in the course of his employment.

Facts: X organized a party and hired a caterer. During the party, generator set went out of order and he requested one employee of caterer i.e.. , Y to bring the mechanic on his vehicle and promised to pay 1000 for the same to Y. Y met with an accident while going to fetch the mechanic and he seeks compensation.

A. X is liable as Y was working in the course of employment offered by X

B. X is not liable as Y is not his employee

C. X is liable because party was organized by him

D. Caterer is liable as Y is his employee

Question 200

Principle: Master is liable for the acts of his servant done in the course of his duties.

Facts: X hired an employee Y in his construction business. Y was the property in-charge who received construction material and gave receipts for the material received by him. Z claimed payment for cement supplied to X which was duly received by Y. X denied the payment on the ground that he has only received half of the material and the balance was misutilized by the employee Y.

A. X is liable for the entire amount

B. X is liable for the part amount only i.e.. , for payment of the cost of half of the material

C. X is not liable for the misconduct/embezzlement of his employee

D. Z can claim the balance payment only from Y