Under the important questions of Legal Aptitude a set of 50 questions with solution is given below. These all questions are asked in Common Law Admission Test (CLAT) Exam. held on 15th May, 2016. Since the most questions asked in the previous years are asked in the successive years again in different exams. Therefore, the study of these questions is the most necessary.
Legal Aptitude Question Paper
Directions–This section consists of fifty (50) questions. Follow the instructions carefully and choose the most appropriate option.
The question number 1-35 in this section consists of legal proposition(s) / principle(s) (hereinafter referred to as 'principle') and facts. Such principles mayor may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principle except the principles those are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason.
To answer a question, the given principle is to be applied to the given facts so as to arrive at most reasonable conclusion. Only one of the option, i. e. , (A), (B), (C), or (D) is the most reasonable conclusion.
1. Principle: Intentional application of force to another person is actionable in law.
Facts : 'P' and 'D' are unknown to each other. When 'P' is about to sit on a chair, 'D' intentionally pulls it away as a result of which 'P' falls on the floor and is injured.
(A) 'D' is not liable as 'P' is not seriously injured
(B) 'D' is not liable as such jokes are common in the society
(C) 'D' is liable as he intentiomnally caused injury to 'P'
(D) 'D' is not liable as the injury is not directly caused (Ans : C)
2. Principle: Law does not penalise for wrongs which are of trivial nature.
Facts : In the course of a discussion, 'A' threw a file of papers at the table which touched the hands of 'B'.
(A) 'A' is liable for his act, as it assaulted 'B'
(B) 'A' is liable for insulting 'B'
(C) 'A' is not liable for his act, as it was of trivial nature
(D) 'A' is liable for his act, as the file touched 'B's hand (Ans : C)
3. Principle : Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.
Facts : 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bed room of the house. 'A' sued 'B' for tres- pass.
(A) 'B' has committed trespass as there was no consent of 'A' for entry in the bed room
(B) 'B' has committed no trespass as he entered the house with' A' s consent
(C) 'B' has interfered with privacy of 'A'
(D) 'B' has offended 'A' by moving to bed room (Ans : B)
4. Principle: One who dishonestly mis-appropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.
Facts: 'A' takes property belonging to 'Z' out of 'Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, 'A' on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.
(A) 'A' may be guilty of theft but not for misappropriation
(B) 'A' is guilty of an offence of misappropriation
(C) 'A' is not guilty because when he took the property, he believed in good faith that it belonged to him
(D) 'A' is not guilty as the property can be recovered from the stranger (Ans : B)
● A servant is one who is employed to do some work for his employer (master). He is engaged under a contract of service. He works directly under the control and directions of his master.
● In general, the master is vicariously liable for those torts (wrongful facts) of his servant which are done by the servant in the course of his employment.
Facts: 'M' appointed 'D' exclusively for the purpose of driving his tourist vehicle. 'M' also appointed 'C exclusively for the purpose of performing the work of a conductor for the tourist vehicle. During one trip, at the end of the journey, 'C, while 'D' was not on the driver's seat, and apparently for the purpose of turning the vehicle in the right direction for the next journey drove it through the street at high speed, and negligently injured 'P'.
(A) 'M' could be made liable for the act of 'C, as 'C was employed under a contract of service
(B) 'M' is not liable as he was not present at the time of accident
(C) 'M' could not be made liable for the act of 'C', as his (C's) act of driving the vehicle was not in the course of his employment
(D) None of the above (Ans : C)
1. Waging agreements are void.
2. Collateral agreements to wagering contracts are valid.
Facts: XYZ Bank lends Rs. 40,000 to Sabu in order to enable him to award as prize to Randeep who is the winner of horse race. Later Sabu refuses to pay the prize stating that horse racing is wagering agreement. Can XYZ Bank recover money from Sabu ?
(A) Bank can recover money from Sabu so that payment of prize money can be made to Randeep
(B) No, as it is a wagering contract
(C) Yes, as it is only a collateral agreement to horse racing. Therefore, the bank can recover the money from Sabu
(D) Horse Racing is illegal and therefore XYZ Bank cannot recover anything from Sabu (Ans : A)
7. Principle: Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so or to provide gratuitously, and such other person takes the benefit of that, the latter is bound to compensate the former for something done or thing provided, or to restore, the thing so delivered.
Facts: Trader' A' delivers certain eatables at B's house by mistake. 'B' consumed the eatables without asking anything. Which of the following derivations is correct?
(A) 'B' 'can be made liable to pay for the eatables, only if 'A' establishes an express contract between' A' and 'B'
(B) 'B' is bound to pay' A' for the eatables
(C) It is the discretion of 'B' to make payment to ' A'
(D) 'B' is not bound to pay 'A' for the eatables (Ans : B)
8. Principle: Killing is not murder if the offender, whilst deprived of the power of self-control by intense and sudden provocation, causes the death of the person who gave the provocation.
Facts: 'A', a man found his girl friend sleeping, in her own bed room, with another man named 'B'. 'A' did not do anything but went to his home, picked a gun and cartridges, returned to the girl friend's bed room with loaded gun but found the place empty. After fifteen days he saw his girl friend dining in a restaurant. Without waiting for even a second, 'A' fired five bullets at his girl friend who died on the spot.
(A) 'A' did not kill his girl friend under intense and sudden provocation
(B) 'A' could have killed both 'B' and his girl friend
(C) 'A' could have killed 'B' instead of his girl friend
(D) 'A' killed his girl friend under intense and sudden provocation (Ans : A)
9. Principle: Whoever takes away any moveable thing from the land of any person without that person's consent, he is said to have committed theft.
Facts : During his visit to the house of 'C', 'A' asked 'B', the son of 'C', to accompany' A' to the forest. Neither' A' nor 'B' informed 'C' in this regard. 'B' accompanied' A' to the forest.
(A) 'A' has committed theft
(B) 'A' has not committed theft
(C) 'A' has not committed theft till 'B' did not accompany him.
(D) 'A' has committed theft as soon as he entered the house of 'C' (Ans : B)
10. Principle: False imprisonment is a tort (wrong) which means the total restraint of a person's liberty without lawful justification.
Facts : A part of a public road had been closed for spectators of a boat race. 'P' wanted to enter but he was prevented by 'D' and other policeman because he had not paid the admission fee. 'P' was able to enter the enclosure by other means but was unable to go where he wanted to go. The
policeman refused access to where he wanted to go but allowed him to remain where he was or to go back. 'P' remained within the enclosure and refused to leave. Subsequently, 'P' sued 'D' for false imprisonment.
(A) It was a case of false imprisonment, but 'D' could not be made liable for it
(B) 'D' could not be made liable for false imprisonment as he has not touched him
(C) 'D' could not be made liable for false imprisonment, as he did restrict P's movements
(D) 'D' could not be made liable for false imprisonment, as he did not totally restrict P's movements (Ans : D)
11. Principle : A person is said to have committed assault when an apprehension is caused in the mind of a person that he isabout to use physical force against his body.
Facts : 'A' abuses 'B' while he was sitting in a moving train, by aggressively shaking his fists when 'B' was standing on the railway platform at a distance.
(A) 'A' has not committed assault against 'B'
(B) 'A' has caused fear of assault in the mind of 'B'
(C) 'A' has caused apprehension of assault in the mind of 'B'
(D) 'A' has committed assault against 'B' (Ans : D)
12. Principle: Letters or words not describing quality of things can be registered as a trade mark.
Facts: Ram made an application for registration of alphabet 'B' written in a fancy style as trade mark to be applied on packets and cartons of shoes manufactured by him.
(A) The alphabet 'B' can be registered as trade mark because it describes the quality of things
(B) The alphabet 'B' cannot be registered as trade mark because it belongs to humanity
(C) The alphabet 'B' can be registered as trade mark
(D) The alphabet B cannot be registered as trade mark because it is an English letter (Ans : C)
13. Principle: Sale of liquor is illegal. All agreements relating to prohibited items do not exist in the eyes of law.
Facts: 'A' entered into an agreement with 'B' for the sale of liquor. 'A' failed to supply the agreed quantity of liquor to 'B'.
(A) 'A' can bring a legal action against 'B'.
(B) 'A' and 'B' can initiate appropriate legal proceeding against each other.
(C) 'B' can bring a legal action against 'B'.
(D) 'B' cannot bring any legal action against' A'. (Ans : D)
14. Principle : Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i. e. , readiness to bear harm.
Facts : A lady passenger was aware that the driver of the cab, in which she opted to travel, was little intoxicated. The cab met with an accident and lady got injured.
(A) Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk.
(B) Driver can take the plea that he was lightly intoxicated.
(C) Lady is not entitled to claim compensation as she had knowledge of the risk.
(D) Lady can refuse to pay the taxi as she had suffered injuries. (Ans : A)
15.Principle: In cases where there is an infringement of legal right even without any actual loss or damage, the person whose right is infringed has a cause of action.
Facts : 'P' was wrongfully prevented by the Returning officer from exercising his vote in an assembly election. However, the candidate for whom he wanted to cast his vote won the election. Still, he (,P') brought an action claiming damages. Which of the following derivations is correct ?
(A) 'P' would not succeed in his action, as the candidate for whom he wanted to give his vote won the election
(B) 'P' would succeed in his action, as it is mandatory to cast vote
(C) 'P' would not succeed in his action, as he did not suffer any loss in that election
(D) 'P' would succeed in his action, as he was wrongfully prevented from exercising his legal right of voting in their action (Ans : D)
16. Principle : Defamation if the publication of a statement which tends to lower reputation of a person in the intimation of other members of the society generally.
Facts : 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly to 'B' in a sealed cover.
(A) 'A' is liable to 'B' for defamation, as the letter is highly offensive and is derogatory and is directly sent to 'B'
(B) 'A' is not liable to 'B' for defamation, since there is no publication to any other person in whose estimation the reputa- tion of 'B' could be brought down
(C) 'A' is liable to 'B' for defamation, as it has hurt his ('B's) self-esteem
(D) 'A' is liable for defamation, as the letter is highly offensive and derogatory (Ans : B)
17. Principle: An agreement may be entered into orally or in writing, or by conduct.
Facts: 'A' went to the shop of 'B' and picked a toothbrush and gave a cheque of Rupees Twenty to 'B' and left the shop.
(A) Payment of toothbrush cannot be made through a cheque
(B) 'A' should have carried a currency note of Rupees Twenty to make the payment
(C) 'A' did not enter into an agreement with 'B'
(D) There was an agreement between' A' and 'B' (Ans : D)
18. Principle : Whoever does not arrest the killer and report the matter to the concerned authorities commits an offence.
Facts: 'A', a woman, sees 'B', another woman killing a third woman, 'C. 'A' neither attempted to arrest 'B' nor informed the concerned authorities.
(A) 'B' has committed an offence
(B) 'B' has not committed an offence
(C) 'A' has committed an offence
(D) 'A' has not committed an offence (Ans : C)
19. Principle: There are certain acts which, though harmful, are not wrongful in law; therefore do not give legal right to bring action in law, to the person who suffers from such acts.
Facts: 'Prakash' has a rice mill. His neighbour, Shanti, sets up another rice mill and offers a tough competition to Prakash. As a consequence, Prakash's profits fall down. He brings a suit against Shanti for damages.
(A) Prakash cannot succeed in his claim for damages, as it is a case of damage without infrin- gement of any legal right
(B) Prakash can succeed in his claim as it is a case of actual damages
(C) Prakash may succeed in his claim for damages, as it is a case of loss to his business
(D) Prakash can succeed in his claim for damages, as it is a case of damage as a result of infringement of his legal right (Ans : A)
20. Principle : A condition to a contract can also be compiled with after the happening of the event to which such a condition is attached.
Facts: 'A' promises to pay Rs. 9000 to 'B' on the condition that he shall marry with the consent of 'C', 'D' and 'E'. 'B' marries without the consent of 'C', 'D' and 'E', but obtains their consent after the marriage.
(A) 'B' has not fulfilled the condition (B) 'B' has fulfilled the condition
(C) 'B's marriage is not valid (D) The condition is illegal (Ans : B)
21. Principle: The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.
Facts: 'A' sent a letter making a proposal to 'B' to purchase the house of 'B'
(A) The communication of proposal is complete when 'A' sent the letter
(B) The communication of proposal is complete when B's wife handed over the letter to 'B'
(C) The communication of proposal is complete when 'B's wife received it
(D) The communication of proposal is complete when 'B' reads the Jetter (Ans : D)
22. Principle: Whoever by words or writing conveys to others any imputation concerning any person's reputation is said to defame that person.
Facts: During a marriage ceremony, 'A' circulated a pamphlet saying that '5', sister of the bride, is a thief, she has stolen the shoes of the bridegroom.
(A) 'A' has defamed '5' (B) 'A' did not defame '5' as he never intended it
(C) 'A' defamed the bride (D) 'A' has defamed the bridegroom (Ans : B)
23. Principle: Causing of an effect partly by an act and partly by an omission is an offence.
Facts: 'A' confined her daughter 'D' in a room. 'A' also did not provide any food to her daughter 'D'. Consequently, 'D' died of starvation.
(A) 'A' committed no offence
(B) 'A' committed the offence of confining 'D'
(C) 'A' committed the offence of not providing food to 'D'
(D) 'A' committed the offence of causing death of 'D' (Ans : D)
24. Principle: An agreement without free consent can be enforced only at the option of the party whose consent was not free.
Facts: 'A' obtains the consent of 'B' to enter into an agreement by putting the gun on the head of B's girl friend.
(A) 'A' can enforce the agreement (B) 'B' can enforce the agreement
(C) Neither' A' nor 'B' can enforce the agreement (D) 'B' cannot enforce the agreement (Ans : B)
25. Principle: Nothing is an offence which is done by a child under twelve years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.
Facts: Himesh, 11 years old boy, picks up a gold ring worth (Rs.5,000 lying on a table in his friend's house and immediately sells it for (Rs. 2000, and misappropriates the money.
(A) Himesh would be protected under the principle stated above because his acts show that he was not sufficiently mature to understand the nature and consequences of the conduct
(B) Himesh would not be protected under the principle stated above because his acts show that he was sufficiently mature to understand the nature and consequences of his conduct (C) Himesh would be protected under the principle stated above because he is below 12 years of age
(D) Himesh would not be protected under the principle stated above because, irrespective of the age, stealing is an offence (Ans : B)