CLAT Common Law Admission Test Solved Paper 2011 – English, Aptitude Part 23

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198. According to the facts and the rules specified, which of the following propositions is correct?

(a) The Company is not liable to pay compensation as the injury to Aashish Mathew was not caused by an accident arising in the course of employment

(b) The Company is liable to pay the compensation

(c) Since the injury did not arise in the course of employment the Company would not be liable to pay the compensation even though Aashish Mathew is an employee of the company

(d) The Company is liable to pay the compensation as Aashish Mathew is a contracted pattadars with the company

Ans: (c)

199. Principle Whoever, having been captured by the enemy or made a prisoner of war, voluntarily serves, or aids the enemy shall be punished with death.

Facts John is a Jawan in the Indian Army. During the 1971 war, he was captured by the Pakistani forces. While a prisoner he is tortured and made to divulge the positions of the Indian Army. Due to this information, Pakistani Air Force attacked Indian positions causing extensive damage to life and property. After India’s victory, the Pakistani forces surrender the Indian Prisoners of War which includes John. Is John liable to a sentence of death?

(a) No, because he was tortured

(b) Yes, because his information led to loss of many innocent Indian lives

(c) No, because he did not aid the enemy “voluntarily” which is the prime requirement for application of the penal provision

(d) None of the above

Ans: (c)

200. Principle A careless person becomes liable for his negligence when he owed a duty of care to others.

Factual Situation As the bus was leaving the platform, Kashish rushed and boarded the bus keeping the door open. Ashish, who was standing at the edge of the platform, was hit by the door of the moving bus, and injured. Ashish claims compensation from Kashish. (a) Kashish is liable to Ashish for not having taken care to close the door of the moving

bus

(b) Kashish is not liable to Ashish as it was the duty of the conductor of the bus to close the door

(c) Kashish is not liable to Ashish, as it was the duty of the latter, to take sufficient care, while standing on the platform, as not to expose oneself to such accidental harm

(d) None of the above

Ans: (a)