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Law Questions and Answers for Competitive Exams | Law Quiz Set 45

Questions
1 Which of the following is no longer an important source of Muslim Law in India ?
1 Ijmaa
2 Customs and Usages
3 Sunnah
4 Judicial Decisions

Answer: Customs and Usages
2 Read the following propositions and answer with the help of codes given below : Propositions are :
  1. Consent theory makes the divorce very easy
  2. Consent theory sometimes makes the divorce very difficult

Codes :

1 II is correct, but I is incorrect
2 I and II both are incorrect
3 I is correct, but II is incorrect
4 I and II are both correct

Answer: I and II are both correct
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3 Read Assertion (A) and Reason (R) and with the help of codes given below, point out the correct explanation

Assertion (A) : In Mohori Bibee V/s. Dharmodas Ghose, Sir Lord North observed : “The question whether a contract is void or voidable does not presuppose the existence of a contract within the meaning of the (Contract) Act and can arise in the case of an infant.” Reason (R) : Ever since this decision in Mohori Bibee V/s. Dharmodas Ghose case, it has been doubted that a minor’s agreement is void. Codes :

1 Both (A) and (R) are right and (R) is correct explanation of (A)
2 Both (A) and (R) are wrong
3 (A) is wrong, but (R) is right
4 (A) is right, but (R) is wrong

Answer: Both (A) and (R) are wrong
4

“An offer need not be made to all the world which is to ripen into a contract with anybody who comes forward and performs the condition. It is an offer to become liable to anyone who, before it is retracted, performs the conditions, and although the offer is made to the world, the contract is made with that limited portion of the public who come forward and perform the condition on the faith of the advertisement.”

Above statement is attributed to
1 Bowen L.J. in Weeks V/s. Tybald
2 Bowen L.J. in Carlill V/s. Carbolic Smoke Ball Co.
3 Bowen L.J. in Lalman Shukla V/s. Gauri Datt
4 Bowen L.J. in Malraju Lakshmi Venhayyamma V/s. Venkata Narasimha Appa Rao

Answer : Bowen L.J. in Carlill V/s. Carbolic Smoke Ball Co.
5 Which of the following statements are correct ? Answer using codes given below :
  1. Adequacy of consideration is necessary
  2. Adequacy of consideration is for the court to consider when contract is sought to be enforced
  3. The court will enquire whether consideration was equivalent to the promise which was given in return
  4. Inadequacy of consideration may be taken into account by the court in determining the question whether the consent of promisor was freely given

Codes :

1 (a), (b), (c) and (d) are correct
2 Only (b), (c) and (d) are correct
3 Only (c) and (d) are correct
4 Only (d) is correct

Answer: Only (d) is correct
6 Which of the following statement’s is/are wrong ? Answer using codes given below :
  1. Claim for damages is debt
  2. Damages are compensatory, not penal
  3. Where the plaintiff suffers no loss, the court may still award him nominal damages in recognition of his right. But this is in the discretion of the court
  4. In ordinary cases damages for mental pain and suffering caused by the breach of contract are not allowed

Codes :

1 Only (a) and (b) are wrong
2 Only (b) and (d) are wrong
3 Only (a) is wrong
4 Only (d) is wrong

Answer: Only (a) is wrong
7 Read Assertion (A) and Reason (R) and answer using codes given below :

Assertion (A) : It is well settled that if and when there is frustration, the dissolution of the contract does not occur automatically. It depends on the ground of repudiation or breach, or on the choice or election of either party. It does not depend on the effect of what has actually happened on the possibility of performing the contract. Reason (R) : Because Lord Wright laid down this principle in Denny, Mott & Dickson Ltd. V. James B. Fraser & Co. Ltd. Codes :

1 Both (A) and (R) are right and (R) is correct explanation of (A)
2 Both (A) and (R) are wrong
3 (A) is right, but (R) is wrong
4 (A) is wrong, but (R) is right

Answer: Both (A) and (R) are wrong
8 Which of the following are important cases on maxim Damnum sine injuria ? Answer by using codes below :
  1. Dickson V/s. Reuter’s Telegram Co.
  2. Ushaben V/s. Bhagyalaxmi Chitra Mandir
  3. Ashby V/s. White
  4. Municipal Board of Agra V/s. Ashrafi Lal

Codes :

1 (a) and (b)
2 (c) and (d)
3 (a) and (c)
4 (b) and (c)

Answer: (a) and (b)
9 Arrange the following cases in chronological order by using codes :
  1. State of Rajasthan V/s. Vidyawati
  2. State of Gujarat V/s. Memon Mohamed
  3. Rudal Shah V/s. State of Bihar
  4. The Secretary of State for India in Council V/s. Hari Bhanji

Codes :

1 (a), (b), (c) and (d)
2 (d), (a), (b) and (c)
3 (d), (c), (a) and (b)
4 (d), (b), (c) and (a)

Answer: (d), (a), (b) and (c)
10 ‘A’ threw a lighted squib into a crowd, it fell upon ‘X’. ‘X’ in order to prevent injury to himself threw it further, it fell upon ‘Y’ and ‘Y’ in turn did the same thing and it then fell on ‘B’, as a result of which ‘B’ lost one of his eyes. Who is liable to ‘B’ – ‘A’, ‘X’ or ‘Y’ ?
1 No one is liable on the principle of remoteness of damages
2 ‘A’ is liable because his act is most proximate cause of damage even though his act was farthest
3 ‘X’ is liable because he threw the squib without any danger to him
4 ‘Y’ is liable because he caused the injury

Answer: ‘A’ is liable because his act is most proximate cause of damage even though his act was farthest
11 Read Assertion (A) and Reason (R) and answer using codes given below :

Assertion (A) : In case of vicarious liability a master is held liable for negligence of his servant in driving his vehicle in the course of employment. Reason (R) : Municipal Corporation cannot be held liable for the negligence of its servant in driving a vehicle belonging to corporation in course of its business. Codes :

1 Both (A) and (R) are right and (R) is correct explanation of (A)
2 Both (A) and (R) are right, but (R) is not the correct explanation of (A)
3 (A) is right, but (R) is wrong
4 (A) is wrong, but (R) is right

Answer: (A) is right, but (R) is wrong
12 Which of the following statement/statements is/are incorrect ? Answer by using codes given below :
  1. Mistake of fact or of law, is generally a defence to an action for tort
  2. Law permits use of reasonable force to protect one’s person or property
  3. Act of God is a defence if there is working of natural forces with ordinary occurrence
  4. Inevitable accident is not a good defence if the defendant can show that he neither intended to injure the plaintiff nor could he avoid the injury by taking reasonable care

Codes :

1 (a) and (b) only
2 (a), (b) and (c) only
3 (a), (b), (c) and (d) all
4 (a), (c) and (d) only

Answer: (a), (c) and (d) only
13 Refusal to answer to an authorised investigating officer could be punished under Section 179 of Indian Penal Code, while giving false answer statement in that process could be punishable as per
1 Section 180
2 Section 193
3 Section 181
4 Section 183

Answer: Section 193
14 Under what circumstances gross negligence could amount to knowledge as may be required under Section 299 of Indian Penal Code to impose punishment ?
1 Bonafide belief about a supernatural thing resulting in the direct consequence of death
2 There was pre-supposition that death will result
3 Presumption is that the accused had knowledge about the consequence of his act that resulted death
4 When there is clear difference between lower or higher degree of criminality

Answer: Presumption is that the accused had knowledge about the consequence of his act that resulted death
15 ‘Sedition’ as explained in Sec. 124-A is akin to treason and the offences are against the State. But certain gestures like cartoons, although may not have wit or humour could not be penalised because :
1 It carries only anger or disgust
2 The mere act causes dis-affection to the government
3 Represents dis-loyality against the government
4 The manner of expression is to change the government

Answer: The manner of expression is to change the government

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