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: Under the Hindu Marriage Act, 1955, either the husband or the wife can move a petition for a decree of divorce on the ground of desertion. The term 'desertion' means desertion of the petitioner by the other party to the marriage for a continuous period of not less than two years immediately preceding the presentation of the petition, without reasonable cause and without the consent or against the wish of such party and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly. It is also said that desertion is withdrawal not from a place but from a state of things.
Factual Situation: Rohan, a technocrat, went to the US in January 2011 for pursuing his higher studies for a period of three years. In facts, Rohan went to US with the consent of his wife Basanti, who stayed at her parents' home, and with a promise of his return to India upon the completion of his studies. From US he has quite often been in touch with his wife. Subsequently, Rohan has got a job there in US and he wishes to take his wife. She refuses to go to US and, in the meanwhile, she files a petition for a decree of divorce on the ground of desertion by her husband. (CLAT 2014)
2. Legal Principle: The master/principal is liable for all acts done by his duly appointed servant/agent for all acts done by him lawfully in the course of his employment.
Factual Situation: A, B, C and D carried on a business in partnership. While making a deal with another company, B bribed the clerk there. Is the partnership firm vicariously liable? (AILET 2015)
Decision:
3. Principle: Killing is not murder, if it is committed in a sudden fight without pre-meditation in a heat of passion upon a sudden quarrel. Facts: X and Y were buying liquor from a liquor shop at 7 pm. Y abused X and there was quarrel between them. X told Y that he will not spare him and Y shouted that his house is adjoining the shop only and if X had the guts, he can come anytime. X went back to his shop which was nearby, procured a knife and went to Y's residence at 9 pm and stabbed him to death. (CLAT 2019)
4. Principle: Whoever by words publishes any imputation concerning any person is said to defame that person. Facts: During a marriage ceremony, A circulated a pamphlet saying sister of the bride 'S' is a thief, she has stolen the shoes of the bridegroom. (CLAT 2019)
5. Facts: Tanu's brother, Ishan, tries to talk her into building a greenhouse in her large back-yard. She declines, but Ishan is convinced that, if she were surprised by a lovely greenhouse, she would love it. Knowing that Tanu makes good money and could easily afford the greenhouse, Ishan contacts greenhouse builder Aditya and arranges to have him erect the structure while his sister is at work one day. Tanu is not happy by her brother's initiation, but the deed is done. Ishan has directed Aditya to bill his sister for the greenhouse, and that turns out to be the biggest surprise for her, She declines to pay, and Ishan tells Aditya he cannot afford it. Aditya is now out, not only for payment for his many hours of hard work, but cash for the materials he used. He files a civil suit to claim against both with Tanu and Ishan Decide. (AILET 2019)
6. Legal Principle: An agreement to do an act impossible in itself cannot be enforced by a court of law.
Factual Situation: Ramesh agrees with his girlfriend Shilpa to pluck stars from the sky through his extraordinary willpower and bring them down on earth for her within a week. After the expiry of one week, Shilpa filed a suit for damages against Ramesh for the breach of contract as Ramesh failed to perform his promise. (CLAT 2013)
7. Legal Principal: The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/ knowledge to a party that doesn't posses this skill or knowledge. Facts: X and Y Co. were advertising agents placing contracts on behalf of a client on credit terms, X and Y Co. would be personally liable should the client default. To protect themselves, the X and Y asked their bankers to obtain a credit reference from K and L, the client's bankers. The reference (given both orally and then in writing)was given gratis and was favourable, but also contained an exclusion clause to the effect that information was given 'without responsibility on the part of this Bank or its officials'. X and Y relied upon this reference and subsequently suffered financial loss when the client went into liquidation. X and Y sued K and L Co. for negligence, claiming that the information was given negligently and was misleading. K and L argued there was no duty of care owed regarding the statements. Decide. (AILET 2019)
8. Principle: A condition must be complied with after the happening of the event to which such a condition is attached. Facts: A promises to pay Rs. 5,000 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. (CLAT 2019)
9. Legal Principle: An agreement entered into by way of a wager/bet is unenforceable in law. Fact Situation: Thomas is very good at predicting outcomes of cricket matches. Raja and Hoja give him rupees thousand each to enable him to bet with others about the outcome of a cricket match. Thomas wins rupees three lakh after betting three thousand rupees. Which of the following statements is the most appropriate in relation to the legal principle stated above? (CLAT 2018)
10. Legal Principle: 1. Wagering agreement are void. 2. Collateral agreement to wagering contracts are valid.
Factual Situation: XYZ Bank lends ` 40,000 to Sabu in order to enable him to award as prize to Randeep who is the winner of horse race. Later Sabu refused to pay the prize stating that horse racing is wagering agreement. Can XYZ Bank recover money from Sabu. (CLAT 2016)
11. The right to information under the Right to Information Act, 2005 is a: (CLAT 2018)
12. Legal Principle: When a person consented to an act to be done by another, he cannot claim any damages resulting from doing that act, provided the act done is the same for which consent is given. Factual situation: 'P' submitted a written consent to a surgeon 'S' for undergoing a surgical operation for removal of appendicitis. The surgeon while doing surgery also removed the gall bladder of 'A': (CLAT 2017)
13. Legal Principle: Whosoever commits any act forbidden by the Indian Penal Code with a view to obtain the consent of any person to enter into an agreement, he cannot get the agreement enforced by law but the person whose consent has been so obtained may get the agreement enforced by law. The Indian Penal Code defines various offences and prescribes punishments therefor.
Factual Situation: A obtains the consent of B to enter into an agreement by an act amounting to criminal intimidation under the Indian Penal Code. A brings a case against B for performance of agreement. (CLAT 2013)
14. Legal Principle: Negligence is actionable in law. In simple terms, negligence is the failure to take proper care over something. Factual situation: A, a doctor, conducted a hysterectomy sincerely on B and left a small cotton swab inside the abdomen. As a consequence of which B developed some medical problems and had to undergo another surgery. Is A liable? (CLAT 2017)
15. In which of the following cases, X is guilty of attempting to commit the offence? (AILET 2019)
16. Legal Principle: Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.
Factual Situation: '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 trespass. (CLAT 2016)
17. Factual Situation: M G Ltd. was constructing Crystal Heights, a posh state-of-the-art tower for commercial and residential purposes, in Gurugram. During construction, hundreds of claimants alleged that, in addition to dust and noise caused by the erection of the building, their television signals had been interrupted by the tower. The claimants, some of whom were absolute owners, and many others who were renting, sued in both negligence and in nuisance for the harm done to their amenity by the loss of their television signals. Whether the respondent's action in causing the appellant's television signals to be interrupted with the construction of their tower could constitute a private nuisance? (AILET 2018)
18. Principle: Inducing any animal to move or to change its motion and thereby intentionally causing fear of injury or annoyance to others by such act, is an offence of use of criminal force. Facts: X incites his dog to chase and run after his neighbour Y, to teach Y to stay away from him. The act is done without neighbour' consent and against his will (CLAT 2019)
19. Legal Principle: When there is breach of contract, the resulting damages will have to be paid by the party breaching the contract to the aggrieved party. However, the parties are free to agree as to damages payable in advance in case there is a breach of contract.
Factual Situation: Mr Ramesh entered into a contract with Mr Ramakrishna for selling his green Alto Car for ` 3 lakhs. Mr Ramakrishna was to pay ` 3 lakhs on or before 25th April, 2005 and take possession of the car. The party failing to honour the contract has to pay ` 40,000 as damages to the other party. Mr Ramakrishna has not performed his part of the contract. Mr Ramesh is claiming '40,000. (NLU DELHI 2011)
20. Legal Principle: An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for services. He undertakes to produce a given result, and in the actual execution of the work, he is not under the direct control or following directions of his employer. He may use his own discretion in execution of the work assigned. I. general, an employer is not liable for the torts (wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.
Factual Situation: Ramesh hired a taxi-cab to go to Delhi Airport. As he started l ate from his home, he kept on urging the taxi-driver to drive at a high speed and driver followed the directions; and ultimately due to high speed an accident took place causing injuries to a person. (CLAT 2016)
21. Legal Principle: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
Factual Situation: A takes his son B who is three years old, for a bath to the well. He throws his son inside the well so that he could have a good bath. After 10 minutes, he also jumped in the well to take a bath and take his son out of the well. Both were rescued by the villagers but his son was found dead. (CLAT 2015)
22. Legal Principle: When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirely, the other party may put an end to the contract.
Factual Situation: A engaged B on April 12 to enter his service on June 1, but on May 11, a wrote to B that his services would not be needed. On May 22, B joined C for employment. (CLAT 2013)
23. Legal Principle: Limitation bars the remedy, not the right.
Factual Situation: After the expiry of the period of limitation of three years, debtor Rohan makes a part payment of debt to creditor Sohan. Sohan then files a suit against Rohan for recovery of the debt after two years from the date of part payment. (NLU DELHI 2011)
Decision:
24. Legal Principle: A condition to a contract can also be complied with after the happening of the event to which such a condition is attached.
Factual Situation: 'A' promises to pay ` 5000 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. (CLAT 2016)
25. Legal Principle: Under Copyright Law, copyright subsists in original literary works also. A literary work need not be of literary quality. Even so prosaic a work as an index of railway stations or a railways guide or a stock exchange quotation qualifies as a literary work if sufficient work has been expended in compiling it to give it a new and original character.
Factual Situation: Michael works hard enough, walking down the streets, taking down the names of people who live at houses and makes a street directory as a result of his labour. (CLAT 2014)