| GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012: Legal Reasoning- 5 Oct 4th 2012, 01:08 | 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- 5 Oct 4th 2012, 00:48 1. Legal Principle- Willful rash driving is an offence. Factual Situation- A was driving his car after consuming liquor. The police books him on willful negligent driving. Whether the act of police is lawful. Decision a. No, because the A was not driving rashly and willfully, but he was driving in drunkenness. b. No, because this is not negligence act. c. Yes, because A was driving rashly. d. Yes, because the police has power to arrest while driving rashly. Answer- a 2. Legal Principle- A master will be liable for the wrongful acts of his servants in course of employment. Factual Situation- Maria was an old widow who opened an account with the Indian Overseas Bank, whereby she would deposit Rs.5 every day in the bank. Stephen was a neighbor who used to collect the amount and deposit them in the bank. Stephen would get a small commission from the bank for the money deposited. One day it was discovered that Stephen who had not deposited the money for more than three months, had vanished with the amount. Maria filed a suit against the IOB. Decision- a. IOB would not be liable because Stephen was not an employee of the bank. b. IOB would not be liable for the failure of Maria to check the balance in her account. c. IOB would be liable because Stephen was paid commission by the bank for doing its work. d. None of the above. Answer- a 3. Legal Principle- Once the acceptance is made a contract becomes enforceable. Factual Situation- X goes to a site of fur. com which is engaged in selling of furniture. He browsed through the catalogue of furniture and wanted to click on a bookshelf requiring further information and price. He examined all the information and the price is one thousand on which he clicked "yes". But at that time server was down and the massage could not pass it bounced back . But X did not notice. X insists on getting the furniture from furn.com but the shop had already sold it to Y. Decision- a. No, because in normal case of contract the acceptance must be communicated. b. No because the shopkeeper has not talked face to face. c. Yes, because X has sent his acceptance. d. None of the above. Answer- a 4. Principles: - The owner of a land has absolute interest on the property including the contents over and under the property.
- Water flowing below your land is not yours though you can use it.
- Any construction on your land belongs to you.
- All mineral resources below the land belong to the State.
Facts: There is a subterranean water flow under Dinesh's land surface. Dinesh constructed a huge reservoir and drew all subterranean water to a reservoir. As a result, the wells of all adjacent property owners have gone dry. They demanded that Dinesh must share the reservoir water with them. - Dinesh's reservoir can be taken over by the government since the water belongs to the State.
- Dinesh has to break the reservoir since water cannot be captured by one person for his own personal use.
- Dinesh need not break the reservoir since any construction that he has made on the land belongs to him
- Dinesh should break the reservoir but his neighbours have to compensate him for the loss that he has sustained from breaking the reservoir.
Answer- c 5. What does the abbreviation POTA means (a) Prevention of Terrorism Act (b) Prevention of Terrorists Act (c) Punishment of Terrorists Act (d) None of these. Answer-a | | | |  | |
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