National Law School of Indian University (NLSIU) 2008 COMMON LAW ADMISSION TEST (CLAT) - , , ngalore - Question Paper

2) A person has a right of self defence to the extent of causing death to a different given he apprehends death by the act of the latter.
Facts
Shuva went to a hardware shop owned by Anup. Bargaining on a few item led to altercation ranging from the 2 and Shuva picked up a sharp object and hit at Anup. When Anup started bleeding, his spouse Mridula intervened and she was also hit by Shuva and she became unconscious. Finding himself totally cornered, Anup delivered a severe blow to Shuva with a sharp object. Shuva died instantly.

Possible decisions
a) Anup murdered Shuva.
b) Anup killed Shuva with the intention of killing to save himself and his spouse
c) Anup killed Shuva without any intention to do so just to save himself and his spouse


Probable reasons for the decision
i) If a person kills a different instantly on the spot, the intention to kill is obvious.
ii) Anup used force apprehending death of himself and his spouse.
iii) Anup used disproportionate force.
iv) There was nothing to show that Shuva wanted to kill Anup or his spouse.

Your decision with the cause
(a) (a) (i) (b) (a) (iii) (c) (c) (ii) (d) (b) (i)

178. Principles:
1) Consumable goods which are not fit for consumption are not marketable.
2) A consumer shall not suffer on account of unmarketable goods.
3) A seller is liable for knowingly selling unmarketable goods.
4) A manufacturer shall be liable for the quality of his products.
Facts
Ram bought a Coca Cola bottle from Shama's shop. Back at home, the server opened the bottle and poured the drink into the glasses of Ram and his friend Tom. As Tom started drinking, he felt irritation in his throat. Immediately, Ram and Tom took the sample to test and obtained nitric acid in the content. Ram filed a suit against Shama, Coca Cola company and the bottler, Kishen and Co.

Suggested Decisions
(a) Ram cannot get compensation
(b) Tom can get compensation
(c) Both Ram and Tom can get compensation

Suggested Reasons
i) Shama did not know the contents of sealed bottle.
ii) Ram did not truly suffer though he bought the bottle.
iii) Tom did not buy the bottle.
iv) Coca Cola company is responsible si
v) Kishen & Co, is responsible since it added water, sugar, etc., and sealed the bottle.
vi) Shama is responsible for selling the defective product.

Your decision with the cause
(a) (a) (ii) (b) (b) (vi) (c) (c) (v) (d) (c) (iv)

Earning:   Approval pending.