Legal Aptitude Test
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Each question consists of legal principle(s) (hereinafter referred to as 'principle') and facts. Such proposition may or 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. You have to apply the principles to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. Remember: you must not rely on any principle except the principles that are given for every question.
Legal Aptitude Test
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25 Questions

1. Legal Principle: A suit shall be instituted in the court within whose jurisdiction the cause of action arises; or the defendant actually and voluntarily resides or carries on business, or personally works for gain.
Factual Situation: 'Y' carries on business in Mumbai. 'Z' carries on business in Delhi. 'Z' buys goods of 'Y' in Mumbai through his agent and request 'Y' to deliver them at Delhi. Accordingly, 'Y' delivered the goods at Delhi. But he did not get the price of the goods delivered in Delhi. Therefore, he intends to move the Civil Court for recovery of amount from 'Z'. Which court may 'Y' approach? (AILET 2016)
Decision:
2. Legal Principle: An agreement, the terms of which are not certain, or capable of being made certain, is void.
Factual Situation: Sunder agreed to take Bhola's penthouse on rent for three years at the rate of '12,00,000/per annum provided the house was put to thorough repairs and the living rooms were decorated according to contemporary style. (CLAT 2017)
3. Assertion (A): We, the people of India, having solemnly resolved to constitute India into a Democratic Republic. Reason (R): A republic will ensure we have a head of state that is democratically elected and accountable to voters. As a result, the head of state will be a more effective constitutional safeguard. (CLAT 2015)
4. Legal Principle: Any direct physical interference with the goods in somebody's possession without lawful justification is called trespass to goods.
Factual Situation: A purchased a car from a person who had no title to it and had sent it to a garage for repair. X, believing, wrongly, that the car was his, removed it from the garage (CLAT 2015)
5. Legal Principle: Nuisance is the unlawful interference with a person's enjoyment of his land or some rights over or in connection with it. Fact Situation: Ashok, in his nineties, is hard of hearing and plays the radio very loudly throughout the day and on a daily basis. Raju, his neighbour, complaints that he cannot listen to his favourite TV show in his home due to the radio of Ashok. Which of the following statements is the most appropriate in relation to the legal principle stated above? (CLAT 2018)
6. Legal Principles: (AILET 2019) 1. Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with it. 2. A person liable if he can reasonable foresee that his acts would be likely to injure his neighbour. 3. The foreseeability of the type of damage is a prerequisite of liability in actions of nuisance. Facts: Bharat Sugar Ltd. operated a sugar refinery on the bank of the river Ravi. They had a jetty from which raw sugar would be offloaded from barges and refined sugar would be taken. The sugar would be take by large vessels and then transferred to smaller barges to enable them to get through the shallow waters. As part of development Bharat Sugar Ltd. wished to construct a new jetty and dredge the water to accommodate the large vessels. At the same time the State was constructing new ferry terminals. The design of the ferry terminals was such that it caused siltation of the channels. After using the channels for a short while. Bharat Sugar's large vessels were no longer able use them. Further dredging at the cost of ` 7,50,000 was required to make the channel and usable by the vessels. Bharat Sugar Ltd. brought an action in nuisance to recover the cost of the extra dredging. Is the State liable?
7. Legal Principle: A contract procured by coercion is bad under Indian Contract Act. Coercion is defined as committing or threatening to commit any act forbidden by Indian Penal Code. Attempt to commit suicide is an offence under India Penal Code.
Factual Situation: A wanted his wife B to part with some landed property given to her by her father. B resisted fearing that her husband would squander it away. A threatened her that if she does not sign the deed transferring the property to him (i.e., A), he would commit suicide. B signed the deed. Subsequently, she challenged the deed on the ground that the deed was bad under law. (NLU DELHI 2011)
8. Legal Principle: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
Factual Situation: Z, going on a journey, entrusts his plate to the possession of A, the keeper of a warehouse, till Z shall return. Then, A carries the plate to a goldsmith and sells it. (CLAT 2014)
9. A offers to buy all the grains grown on B's land for ` 1,00,000 to which 'B' agreed. The agreement between A and B is: (SET LAW 2012)
10. Legal Principle: There are legal provisions to give authority to a person to use necessary force against an assailant or wrongdoer for the purpose of protecting one's own body and property as also another's body and property when immediate aid from the state machinery is not readily available; and in so doing he is not answerable in law for his deeds.
Factual Situation: X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm. They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing the pistol the dog stopped barking and started walking with the owner. However, X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X pleads the right of private defence. Decide. (CLAT 2017)
11. Principle: Civil Suit can be filed where defendant resides or carries on business or where cause of action arises. Facts: 'A' carries on business in Gurgaon, 'B' carries on Business in Mumbai. 'B' through his agent in Gurgaon purchases goods in Gurgaon and takes delivery through agent in Gurgaon. Where Civil Suit for payment of price can be filed by 'A'? (CLAT 2019)
12. Legal Principle: Agreements in restraint of marriage are void.
Factual Situation: X enters into an agreement with Y whereunder he agrees not to marry anybody else other than a person whose name starts with the letter A and promises to pay ` 1,00,000 to Y if he (X) breaks this agreement. Which of the following derivations is CORRECT? (CLAT 2014)
13. Legal Principle: Acceptance of proposal must be the exact mirror image of the proposal.
Factual Situation: 'A' made a proposal to 'B' to sell a chair for ` 500. 'B' expressed his desire to buy the said chair for ` 400. (CLAT 2016)
14. Legal Principle: Ignorantia juris non excusat and ignorantia facit excusat.
Factual Situation: George was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the airport at Bombay on 28th November 1962, it was found on search that George carried 3. kgs. of gold bars in person and that he had not declared it in the 'Manifest for transit'. On 26th November 1962, Government of India issued a notification and modified its earlier exemption and not it is necessary that the gold must be declared in 'Manifest' of the aircraft. (CLAT 2015)
15. Principle: Whoever causes death by rash or negligent act commits an offence. Facts: X is having a house on the roadside which is also having a street on the back of the house. He has a lawn on the back of his house where he has built a toilet. To prevent the intruders from entering his house, he got the fence charged with a high voltage live electric wire. Z was passing through the street at the backyard of the house of X and sat down to take rest near the fence. While getting up, his hands came in contact with the fence which was connected to high voltage electric wire causing his death. (CLAT 2019)
16. 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. (CLAT 2019)
17. Principle: Foreign judgment binds the parties and is conclusive unless it is obtained by fraud. Facts: A obtains judgment from US court by producing fake documents. (CLAT 2019)
18. Legal Principles: (AILET 2019) 1. Vicarious liability is when employers are held liable for the torts of their employees that are committed during the course of employment. 2. A servant is a person subject to the command of his master as to the manner in which he shall do his work. The question of whether a person is an employee depends upon the degree of control which the employer exercises over the worker. Facts: Raja is a travel agent and possesses certain house, which had an internal communication throughout, and which were used for the purposes of his business Ramesh looked after the houses, and lived in them for this purpose, but he was also a clerk in the Raja's pay at a set annual salary. He lived in the houses with his wife a child, and a servant. The case concerned the payment of inhabited house duty, There was statutory exemption for premises which were occupied by a “servant” or person occupying the premises “for the protection thereof”. Raja was claiming the exemption from tax liability by claiming that Ramesh was the servant. Decide whether Ramesh was a servant or an independent contractor?
19. Legal Principle: In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets. Embezzlement is misappropriation when the funds involved have been lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.
Factual Situation: A went for swimming at the Municipal Swimming Pool. A handed over all his valuables, including some cash to X, the guard on duty for safe custody, as notified by the Municipality. After swimming for an hour, A came out and searched for X. He found another guard on duty and that guard informed A that X had gone home after completing his shift and did not hand over anything to be given to A. A registered a complaint with the police. X was traced but he told the police that he sold all the valuables and the entire cash was used for drinking liquor. What offence, if any, was/were committed by X? (CLAT 2017)
20. Factual Situation: MXM Co. is a building contractor who entered into an agreement with Star Heights Housing Association to refurbish a block of 27 flats. This contract was subject to a liquidated damages clause if they did not complete the contract on time. The MXM Co. engaged Hasan to do the carpentry work for an agreed price of ` 20,000. After six months of commencing the work, Hasan realised he had priced the job too low and would be unable to complete at the originally agreed price. He approached MXM Co. who recognised that the price was particularly low and was concerned about completing the contract on time. MXM Co. agreed to make additional payments to Hasan in return for his promise to carry out his existing obligations. MXM Co. agreed to pay Hasan an additional ` 575 per flat. Hasan continued work on the flats for a further period of 6 weeks but only received an additional ` 5,000. He then ran out of money and refused to continue unless payment was made. MXM Co. engaged another carpenter to complete the contract and refused to pay Hasan any further sums. Hasan sued for payment under the original agreement and the subsequent agreement. MXM Co. argued that the agreement to make additional payments was unenforceable as Hasan has not provided any consideration to make this agreement a valid contract. Decide. (AILET 2018)
21. Principle: Terms of any written contract can be proved by producing the written contract only and oral evidence is excluded. Facts: A gives B receipt for money paid by B. Oral evidence is offered to prove payment. (CLAT 2019)
22. Principle: A man is guilty of not only for what he actually does but also for the consequences of his doing. Facts: A wanted to kill the animal of B. He saw B standing with his animal and fired a gun shot at the animal. The gun shot killed B. (CLAT 2019)
23. Legal Principle: Damages are payable for breach of contract and the purpose of damages is to compensate him for the loss suffered and not to improve his position more than what it would have been if the contract had been duly performed.
Factual Situation: A wanted to buy a house and he contracted with a surveyor S to inspect a particular house and value it for him. S surveyed the house and valued it for ` 10 lakhs. S, however, failed to notice the defective plumbing system in the house, and had he taken note of it, the house would have been worth only ` 8 lakhs. A followed S's advice and bought the house for ` 8 lakhs and thereafter spent ` 4 lakhs for repairing the plumbing system. He filed a suit against S claiming ` 4 lakhs as damages. (NLU DELHI 2011)
24. Legal Principle: A minor is not competent to contract.
Factual Situation: Deep, a 9th standard student realizes that, he being a minor, he is not permitted by law to execute a contract, appoints Mandeep as his agent to conclude purchase of a land to gift it to his mother on her birthday. Mandeep accordingly prepares the papers for the transaction but at the last minute, the seller who had agreed to sell it now refuses to sell it contending that he does not wish to sell the land to a minor. Deep seeks to enforce the contract against the seller. (AILET 2014)
Decision:
25. Assertion (A): A person claims compensation for his non-gratuitous act. Reason (R): A person who enjoys benefit from lawful, non-gratuitous act of another must compensate him even though there is no contract. (CLAT 2012)