| GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012: Legal Reasoning- 4 Oct 1st 2012, 02:11 | GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012 | | The most comprehensive career education and test preparation forums in india. | | | Legal Reasoning- 4 Oct 1st 2012, 01:59 1. Legal Principle- Whoever voluntarily causes or attempts to cause any person to do anything, which that person is not legally bound to do so, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe, that he or any person in whom he is interested, will become or will be rendered by some act of the offender, an object of divine displeasure. If he does not do the thing which it is the object of the offender to cause him to do or if he does the thing which it is the object of offender cause him to omit, shall be punished. Factual Situation – K induced L to dedicate to God one of the right fingers during a full moon night in the month of June otherwise his elder son will be permanently mad due to displeasure of God of death. L believing in such words of K cut the little finger of middle son at rituals made during the said night. His neighbour M saw the scene and informed police. The police arrested K and L next morning. Decision a. K and L both are liable to be prosecuted because they have done such illegal work voluntarily. b. Only K is liable to be prosecuted because he has proposed for such offence. c. Only L is liable because he obeyed K for such illegal act. d. K is not liable because he has not threatened L to obey him and L is not liable to be prosecuted because he has done it in dedication to God. Answer – a 2. Legal Principle-Part performance in the contract is subject to the part consideration. Factual Situation- Nandini agreed with Jodhpur Cultural Society to sing in their society for a period of 10 days. The society agreed to pay Rs 1000 every day. Nandini performed for 5 days. Thereafter, she went to Jaipur for some other program without informing Jodhpur Cultural Society. Therefore, they cancelled her programme for the remaining days. Nandini claimed her remuneration for the five days during which time she sang at the society. Society did not pay suggesting they had to face problems and sustained loss for cancelling her programme. They want her to pay damages. Decision a. Nandini shall succeed in getting her 5 days remuneration and not liable for compensation to pay to Jodhpur Cultural Society. b. Nandini shall succeed for getting 10 days remuneration. c. Nandini shall not pay the compensation. d. Nandini shall not pay compensation and not to claim 5 days remuneration. Answer –a 3. Legal Principle- Ignorance of law is not an excuse in India with the practice that every person in India should be acquainted with the law of land. Factual Situation- Mr Jackson a foreigner came to Delhi in the winter season. He saw the people in Delhi set fire on road side during night and get their body warm. One night he came out of his hotel and asked two labourers to cut down a dry tree in Pandara Road and when they agreed he paid them Rs 150 for cutting down the tree. They cut and made the log into small pieces and the foreigner along with the tree cutters set fire and got their body warm. After some time the Police Patrol car watched it and arrested the foreigner and two labourers on the spot. The foreigner pleaded that the tree was dry and he did not know the cutting of tree from road side is an offence in India. Decision a. The foreigner shall not be responsible for the offence because he himself has not cut but through the Indian people. b. The foreigner shall be punished because in India cutting of tree from road side is an offence. c. The pretence that he does not know such act is an offence is not an excuse to a foreigner also. d. Both b and c Answer- d 4. Legal Principle- The contract can be enforceable only when it is based on the contractual obligations. Factual Situation- Prakash hailing from Kerala joined a firm in Delhi. He gave his new black coat for dry cleaning. The dry cleaner gave him a receipt on which it was mentioned "Read terms overleaf". All the terms were written in Hindi. One of the terms was that if clothes were lost or damaged, dry cleaners would be compensating only to the extent of 50 % of its market value. Unfortunately, Prakash's coat was lost. Prakash demanded the entire money and he argued that he did not know Hindi and therefore he couldn't read the terms. Decision- a. Prakash will succeed only for 50 % of the market value of the coat, because it is not the responsibility of dry cleaner to make Prakash read Hindi version of terms and condition. b. Prakash will succeed for 100% because the dry cleaner has to make him read for language of terms and condition. c. Prakash will not succeed for any claim. d. Prakash will not succeed for 50 % of the market value of the coat. Answer- d 5. Principle: If a person brings a potentially dangerous thing on his land, and if such thing escapes and does damage, then such person should be responsible, even if he was not negligent. Facts: Sudeep, a wildlife scientist maintains a herd of antelopes on a vast tract of land in order to study their behaviour. One night, five electricity poles just outside the plot fall on the fence surrounding the plot and a stretch of fencing gives way. Antelopes from the plot of land escape to the nearby field and damage the crops. Farmers sue Sudeep for the damage caused to their crops. a. Sudeep is liable to compensate the farmers b. Sudeep is not negligent so he is not liable to compensate the farmers c. Farmers should sue the electricity department and not Sudeep. d. Sudeep can recover compensation from the Electricity Department. Answer- a | | | |  | |
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