Legal Aptitude MCQs – Commonly Asked Questions for Exams – Must Know Topics and Concepts Part 13

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112. The reason (or ground) of a judicial decision is known as

a) obiter dictum

b) ratio decidendi

c) rationed sole

d) rationed tenural

Ans: (c)

113. Legal Principle A master is liable for the wrongs committed by the servant in the course of his employment.

Factual Situation Obalesh works as a clerk in a pharmaceutical company Bio-Pharma Ltd. He is required to take stock of the goods supplied and maintain the accounts of the Company. Ramachandra, a friend of Obalesh, from the neighbouring village, came to meet Obalesh in the office. Since Ramachandra did not have any other acquaintance in the city, he gave ₹ 10000 he had with him, to Obalesh for safe keeping. When Ramachandra returned to the office the next morning to collect the money from Obalesh, he came to know that the latter had disappeared with his money. Ramachandra brings a legal action against Bio-Pharma Ltd, for the recovery of the money.

a) Rio-Pharma Ltd, would be liable, since Obalesh received the money while being in the office

b) Bio-Pharma Ltd. , would not be liable, as Ramachandra had no business transactions with the company

c) Biopharma would not be liable, as safekeeping of money was not part of Obalesh duty

Ans: (d)

114. Legal Principle Theft is the dishonest moving of property with the intention of taking it out for the person՚s possession without his consent.

Factual Situation A gives his woolen coat to a dry cleaner along with his wife՚s sarees for the purpose of dry cleaning. He is told to collect the clothes after two days. When he comes after two days, he, finds that he does not have enough money to pay to the dry cleaner. But since due to the winter, he needs the coat desperately, he surreptitiously places the coat near his other goods so that he can quietly take it without the knowledge of the dry cleaner

a) A is guilty of theft

b) A is not guilty of theft

c) A is not guilty of theft but must pay compensation to the dry cleaner

d) None of the above

Ans: (c)

115. Legal Principle Ignorance of law is no excuse.

Factual Situation A fails to file his income tax returns for ten years. The Income Tax department issues to him notice to show cause why proceedings should not be initiated against him for the recovery of the income tax due from him with interest and penalty. Advise.

a) He may take the plea that his advocate had advised him not to file return- as his income was not taxable

b) He may request the department to waive the interest and penalty

c) A must pay the tax due as ignorance of law cannot be aground of defense

Ans: (b)

116. Legal Principle An agreement to which the consent of the seller is freely given is not void merely because the price is inadequate.

Factual Situation Arjun agrees to sell a horse worth ₹ 100000 for ₹ 10 to Amar.

Is the agreement void?

a) Yes, because the price is inadequate

b) No, if Arjun՚s consent to the agreement was freely given

c) Yes, if Praveen՚s consent was not freely given

d) Both (b) and (c)

Ans: (b)

117. Legal principal A person is entitled to use reasonable force for self-defense.

Factual Situation Gokul was living in a farmhouse with a few family members. One night, a group of robbers broke open the door of the house and there was scuffle between the intruders and the residents. Gokul took out his pistol and fired a shot at one of the intruders. The shot did not hit the target and the robbers ran out of the house and by that time, the neighbours gathered in front of the house Gokul in a fit of anger came out of the house and fired at fleeing robbers who by that time mingled with the neighbours. The shot injured a neighbour and he filed a suit against Gokul.

a) Gokul is not liable, since his action was in continuation of self-defense

b) Gokul is liable because he should have realized the possibility of hitting an innocent bystander

c) Gokul is not liable since his act was intended against the robbers

Ans: (d)

118. Legal Principle A person is entitled to protect his property by using lawful means.

Factual Situation Ramlal is growing valuable vegetables and fruits in his farm and he has fenced the farm to prevent the cattle from entering it. In addition, he has kept a ferocious dog to chase away intruding urchins and cattle. Some children were playing in a nearby playground and the ball slipped into the farm. A boy running after the ball came near the fence and shouted for the ball. But when there was no response, he managed to creep into the farm to get the ball. The dog which was surreptitiously waiting attacked the boy and badly mauled him. The boy՚s parents filed a suit against Ramlal.

a) Ramlal is not liable, since the fence and the dog are lawful means of protecting the property

b) Ramlal is not liable for-the boy trespassing and getting badly injured in that process

c) Ramlal is liable, since an ordinary barking dog would have sufficed for the purpose

d) Both (a) and (c)

Ans: (d)

119. Legal Principle Law does not take notice of trifles.

Factual Situation Keshav proposes to Govind that both should go together to watch the movie ‘Lagan’ on a day, the 6 pm show at Sangam theatre. Govind agrees and assures that he would be at the gate of the theatre on the appointed day at 5 pm. Despite the agreement, while Keshav patiently waits for Govind on the said date at the theatre-till 6 pm, Govind fails to turn up. Keshav goes to the movie alone after paying double the ticket amount. Keshav files a suit against Govind claiming damages for the agony, mental torture suffered by him and tor the cost of the -movie ticket.

a) Govind is liable for breach of contract as the issue is not trivial

b) Govind is liable only to the extent of paying for the cost of the movie ticket

c) Govind is not liable as there was no intention to enter a contract

d) Govind is not liable as the grounds are too trivial

Ans: (d)

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