CLAT Sample Paper (Part 5 of 11)

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1. “Neighbour principle” was propounded by Lord Atkin in

   1. Donoghue v Stevenson

   2. Polemis case

   3. Derry v Peek

   4. Rylands v Fletcher

2. ‘The rule of last opportunity’ was laid down in

   1. Thomas v Quartermaine

   2. Davies v Mann

   3. Smith v Baker

   4. Fardon v Harcourt Rivington

3. Which one of the following is defamatory?

   1. Publishing a false report in a newspaper for which the editor tendered an apology

   2. Publishing a report of parliamentary proceedings showing the misconduct of a member present there

   3. Publishing a report of judicial proceeding showing statement made by a witness

   4. Publishing a false report in newspaper that a minister was involved in a kidnapping case

4. Joint tort-feasors may be held liable

   1. jointly and severally for the whole damage

   2. for damage caused by a person employed by any of them X

   3. for damage caused independently of their plan

   4. for damage caused by stranger

5. As a result of a collision between two buses a passenger in one of the buses died. The accident occurred due to negligence of the drivers of both the buseS'In a suit by the legal representative of the deceased against owners, of both the buses, which one of the following statments is legally sustainable?

   1. Each owner of the buses is liable. For the whole damage

   2. The owners of the buses are not joi, nt tort-feasors

   3. Neither of the owners of the buses is liable as the defence of. Act of God applies

   4. Each owner of the buses was. Liable for one-half of the damage.

6. Which one of the following did not emerge from the case of Donoghue v. Stevenson?

   1. A manufacturer of products will be liable if he fails to take reasonable care to ensure that his products are reasonably safe

   2. In order to successfully claim for negligence, the plaintiff does not need to have a contract with the defendant

   3. Manufacturers have to pay damages to consumers whenever damage is caused by their products

   4. The neighbour principle can be used to establish the existence of a duty of care in negligence

7. Who cannot file an application for compensation under section 166 of the Motor Vehicles Act, 1988?

   1. The injured person

   2. The owner of property

   3. The legal representative of the deceased

   4. A public interested person

8. If within todays the parties fail to appoint their arbitrators, or the arbitrators fail to appoint the third arbitrator, the arbitrator shall be appointed by the

   1. National Arbitration Council, New Delhi

   2. District Judge of the Local Court

   3. State Legal Services Authority of the State Concerned

   4. Chief Justice or a person/institution designated by him

9. If any party to a proceeding before a revenuecourt does not appear on the date fixed for hearing, the revenue court may

   1. hear the proceeding

   2. determine the case in his absence

   3. dismiss the case in default

   4. refer the dispute to arbitration

10. Specific performance of contract is allowed where

    1. the plaintiff is net entitled to recover compensation

    2. the defendant is incompetent to perform the contract

    3. compensation is not the adequate relief

    4. the defendant has died