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

179. Principles
1. If A is asked to do something by B, B is responsible for the act, not A.
2. If A, while acting for B commits a wrong, A is responsible for the wrong, not B.
3. If A is authorised to do something for B, but in the name of A without disclosing B's presence, both A and B may be held liable.

Facts
Somu contracted with Amar whereunder Amar would buy a pumpset to be used in Somu's farm. Such a pumpset was in short supply in the market. Gulab, a dealer, had such a pumpset and he refused to sell it to Amar. Amar threatened Gulab of serious consequences if he fails to part with the pumpset. Gulab filed a complaint against Amar.

Proposed Decision
(a) Amar alone is liable for the wrong though he acted for Somu.
(b) Amar is not liable for the wrong, though he is bound by the contract with Somu.
(c) Somu is bound by the contract and liable for the wrong.
(d) Both Somu and Amar are liable for the wrong.

Suggested Reasons
i) Amar committed the wrong while acting for the benefit of Somu.
ii) Amar cannot do while acting for Somu something which he cannot do while acting for himself.
iii) Both Amar and Somu are liable since they are bound by the contract.
iv) Somu has to be responsible for the act of Amar committed for Somu's benefit.

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

180. Principles
1. The owner of a land has absolute interest on the property including the contents over and under the property.
2. Water flowing beneath your land is not yours though you can use it.
3. Any construction on your land belongs to you.
4. All mineral resources beneath the land belongs to the State.

Facts
There is a subterranean water flow under Suresh's land surface. Suresh constructed a huge reservoir and drew all subterranean water to the reservoir. As a result, the wells of all adjacent property owners have gone dry. They demanded that either Suresh must demolish the reservoir or share the reservoir water with them.

Proposed Decision
(a) Suresh need not demolish the reservoir.
(b) Suresh has to demolish the reservoir.
(c) Suresh has to share the water with his neighbours.
(d) The Government can take over the reservoir.

Possible reasons
i) Water cannot be captured by 1 person for his personal use.
ii) The Government must ensure equitable distribution of water.
iii) Whatever is under Suresh's land may be used by him.
iv) Suresh has to respect the rights of others regarding water.

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

181. Principles
1. An employer shall be liable for the wrongs committed by his employees in the course of employment.
2. Third parties must exercise reasonable care to obtain out whether a person is truly acting in the course of employment.

Facts
Nandan was appointed by Syndicate Bank to collect small savings from its customers spread over in various places on daily basis. Nagamma, a housemaid, was 1 of such customers making use of Nandan's service. Syndicate Bank after a couple of years terminated Nandan's service. Nagamma, unaware of this fact, was handing over her savings to Nandan who misappropriated them. Nagamma realised this nearly after 3 months, when she went to the Bank to withdraw money. She filed a complaint against the Bank.


Possible Decision
(a) Syndicate Bank shall be liable to compensate Nagamma.
(b) Syndicate Bank shall not be liable to compensate Nagamma.
(c) Nagamma has to blame herself for her negligence.

Possible Reasons
i) Nandan was not acting in the course of employment after the termination of his service.
ii) A person cannot blame others for his own negligence.
iii) Nagamma was entitled to be informed by the Bank about Nandan.
iv) The Bank is entitled to expect its customers to know true position.
Your decision with the cause
(a) (b) (i) (b) (c) (ii) (c) (a) (iii) (d) (b) (iv)

182. Principles
1. A master shall be liable for the fraudulent acts of his servants committed in the course of employment.
2. Whether an act is committed in the course of employment has to be judged in the situation of case.
3. Both master and 3rd parties must exercise reasonable care in this regard.

Facts
Rama Bhai was an uneducated widow and she opened a S.B. account with Syndicate Bank with the help of her nephew by name Keshav who was at that time working as a clerk in the Bank. Keshav used to deposit the money of Rama Bhai from time to time and get the entries done in the passbook. After a year or so, Keshav was dismissed from the service by the Bank. Being unaware of this fact, Rama Bhai continued to hand over her savings to him and Keshav misappropriated them. Rama Bhai realised this only when Keshav disappeared from the scene 1 day and she sought compensation from the Bank.

Possible Decisions
a) Syndicate Bank shall be liable to compensate Rama Bhai.
b) Syndicate Bank shall not be liable to compensate Rama Bhai.
c) Rama Bhai cannot blame others for her negligence.

Possible Reasons
i) Keshav was not an employee of the Bank when the fraud was committed.
ii) The Bank was not aware of the special arrangement ranging from Rama Bhai and Keshav.
iii) It is the Bank's duty to take care of vulnerable customers.
iv) Rama Bhai should have checked about Keshav in her own interest.

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



183. Principles
1. A person is liable for negligence, if he fails to take care of his neighbour's interest.
2. A neighbour is anyone whose interests should have been foreseeable by a reasonable man while carrying on his activities.

Facts
A cricket match was going on in a closed door stadium. A cricket fan who could not get into the stadium was watching the game by climbing up a nearby tree and sitting there. The cricket ball in the course of the game went out of the stadium and hit this person and injured him. He filed a suit against the organizers.

Possible Decisions
(a) The organizers are liable to compensate the injured person.
(b) The organizers are not liable to compensate the injured person.
(c) The injured person should have avoided the place where he might be hit by the cricket ball.

Possible Reasons
i) The organizers are responsible for the people inside the stadium.
ii) The organizers could not have foreseen somebody watching the game by climbing up a tree.
iii) A person crazy about something must pay the price for that.
iv) The organizers shall be liable to everybody likely to watch the game.

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

184. Principles
1. When a person unlawfully interferes in the chattel of a different person by which the latter is deprived of its use, the former commits the tort of conversion.
2. Nobody shall enrich himself at other's expense.

Facts
A patient suffering from stomach ailment approached a teaching hospital. He was diagnosed as suffering from appendicitis and his appendix was removed. He became alright. The hospital however obtained a few unique cells in the appendix and using the cell lines thereof, it developed drugs of enormous commercial value. When the erstwhile patient came to know about it, he claimed a share in the profit made by the hospital.

Possible decisions
a) The hospital need not share its profits with the patient.
b) The hospital may share its profits on ex gratia basis.
c) The hospital shall share its profits with the patient.

Possible Reasons
i) The patient, far from being deprived of the use of his appendix, truly benefitted by its removal.
ii) The hospital instead of throwing away the appendix conducted further research on it on its own and the development of drug was the outcome of its own effort.
iii) The hospital could not have achieved its success without that appendix belonging to the patient.
iv) Everybody must care for and share with others.

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

185. Principles
1. Copying including attempt to copy in exams is a serious offence.
2. One shall not take any unauthorised materials into the exam hall.

Facts
Rohini, an examinee in PUC., was thoroughly checked while entering into the exam hall. She did not have anything other than authorised materials such as pen, instrument box, etc., with her. As she was writing her paper, an invigilator obtained close to her feet a bunch of chits. The invigilator on scrutiny obtained that the chits contained answers to the paper being written by Rohini. Rohini's answers tallied with the answers in the chits. A charge of copying was levelled against Rohini.

Probable Decisions
a) Rohini shall be punished for copying.
b) Rohini cannot be punished for copying.

Probable Reasons
i) Something lying near the feet does not mean that the person is in possession of that thing.
ii) The fact that she was checked thoroughly while getting into the hall must be conclusive.
iii) Similarities ranging from her answers and the answers in the chit indicate that she used those chits.
iv) After using those chits, she must have failed to dispose of them properly.

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

PART - B
Instructions: From the 4 answers given, shade the improper ans in the space given for it on the OMR ans sheet.

Marks: every ques. carries two (two) marks. (10 marks)

186. All contracts are agreements. All agreements are accepted offers.
Which of the subsequent derivation is correct?
(a) All accepted offers are contracts (b) All agreements are contracts
(c) All contracts are accepted offers (d) None of the above.



187. No minor can enter into a contract of work. Working in a shop can be done only by a contract.
Which of the subsequent derivation is correct?
(a) A minor cannot work in a shop
(b) A shop cannot contract with a minor
(c) There cannot be a contract to which minor is a party
(d) None of the above.

188. All motor vehicles are needed to have 3rd party insurance. Any vehicle not using mechanical device is not a motor vehicle.

Which of the subsequent is accurate derivation from the above?
(a) All 3rd Party Insurances relate to motor vehicles
(b) Vehicles not using mechanical device need not have 3rd Party Insurance
(c) All vehicles must have 3rd Party Insurance
(d) None of the above.

189. A contract contravening public policy is void. There cannot be a general definition of public policy.
Which of the subsequent is accurate derivation from the above?
(a) There cannot be a general definition of contract
(b) Since public policy is uncertain, contract is also uncertain
(c) The impact of public policy on contract is to be judged in individual cases
(d) None of the above

190. International legal regulations is the legal regulations ranging from sovereign states. A sovereign is the supreme authority not bound by legal constraints.
Which of the subsequent is accurate derivation from the above?
(a) International legal regulations is not legal regulations binding on the sovereign states
(b) International legal regulations is only a positive morality
(c) International legal regulations is in the nature of pact ranging from sovereign states
(d) None of the above

Earning:   Approval pending.