Practice Test -Legal Reasoning

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1.
Principle: The transferor of goods cannot pass a better title than what he himself possesses. 
Facts: X sells a stolen bike to Y. Y buys it in good faith. As regard to the title of the bike. Which of the following derivations is correct?



2. Principle: In a civil action for defamation, truth of the defamatory matter is an absolute defence. However, the burden of proving truth is on the defendant and he is liable if he does not successfully discharge this burden. 
Facts: D, who was the editor of a local weekly published a series of articles mentioning that P. who was a government servant issued false certificates, accepted bribe, adopted corrupt and illegal means to mint money and was a mischief monger’. P brought a civil action against n, who could not prove the facts Published by him. Under the circumstances. Which or the following derivation is correct? 



3.
Principle: Whoever, intending to take dishonesty any movable property out of the possession of any person without that person’s consent, moves that property in order to taking, is said to commit theft. 
Facts: Z. going on a journey, entrusts e plate to the possession of A, the keeper warehouse, till Z shall return. Then, A cart-it the plate to a goldsmith and sells it. 



4.
Principle: Damage without the violation of a legal right is not actionable in a court of law. If the interference with the rights or another person is not unlawful or unauthorized, but a necessary consequence of the exercise of defendant's own lawful rights. 110 action should lie. 
Facts: There was an established school (ES) in a particular locality. Subsequently, a new school (NS) was set up in the same locality? Which charged lower fees, on account of’ which people started patronizing the NS. Because of the competition, Es had to reduce its fees. ES filed a case against NS saying that NS had caused it (ES) financial loss and, that, claimed compensation. Which of the following derivations is correct? 



5.
Principle: Any direct physical interference with the goods in somebody’s possession without lawful justification is called trespass to goods. 
Facts: 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 



6.
Principle: A proposal (offer) should be made with an intention that after its valid acceptance, a legally binding promise or agreement will be created. The test for the determination of such intention is not subjective, rather it is objective. The intention of the parties is to be ascertained from the terms of the agreement and the surrounding circumstances under which such an agreement is entered into. As a general rule, in the case of arrangements regulating social relations, it follow as a matter of course that the parties do not intend legal consequences to follow. On the contrary, as a general rule, in the case of arrangements regulating business affairs, it follows as a matter or course that the parties intend legal consequences to follow. However, the above rules are just presumptive in nature, and hence can be rebutted. 
Facts: One morning while having breakfast, X, the father, says to Y (X’s son), in a casual manner, ‘I shall buy a motorbike for you if you get through the CLAT’. Which of the following derivations is 



7.
Principle: Acceptance (of offer) must be communicated by the offeree to the offeror so as to give rise to a binding obligation. The expression by the offeree to the offeror’ includes communication between their authorized agents. 
Facts: X made an offer to buy V’s property for a stipulated price. y accepted it and communicated his acceptance to 1. a stranger, which of the following derivations is CORRECT? 



8.
Principle: Everybody is under a legal obligation to take reasonable care to void an act or omission which he can foresee would injure his neighbour. The neighbour, for this purposes, is any person whom he should have in his mnind as likely to be affected by his act. 
Facts: Krishnan while driving a car at high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant woman passing by a suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages. 



9.
Principle: ‘Wrongful gain' is gain by unlawful means of property to which the person gaining is not legally entitled. ‘wrongful loss' is the loss by unlawful means of property to which the person losing it is legally entitled. 
Facts: X takes away Y’s watch out of Y’s possession? Without Y's consent and with the intention of keeping it.



10.
Legal Principle: whoever dishonestly mis- appropriates or converts to his own use any movable property is guilty of criminal misappropriating of property. 
Factual situation: A finds a government promissory note belonging to Z. bearing a blank endorsement. A knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending to restore it to Z at a future time. Has A committed criminal mi sappropriation?



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