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Legal Reasoning for CLATThis is a discussion on Legal Reasoning for CLAT within the Legal Aptitude preparation forums, part of the Law Preparation category; Question No. 1 . ) Principle:Causing damage to another person is not actionable in law unless there is also ...

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Legal Reasoning for CLAT

06262012

Question No. 1 . )

Principle: Causing damage to another person is not actionable in law unless there is also caused an injury to the plaintiff.

Explanation: Injury, in law, means violation of a legal right. Damage is the physical or mental manifestation of the injury.

Facts: A sent a telegram to B for delivery of 100 bags of basmati rice. D was also in the business of growing and selling basmati rice. The telegram wassent through T Telegram Company (TTC). TTC wrongly delivered the telegram to D instead of B to whom it was addressed. D believed that thetelegram was meant for him and sent 100 bags of basmati rice to A, which he refused to accept. D sued A for causing him loss of 100 bags of basmatirice. Decide?Add to myaA is liable because D has taken a lot of effort to deliver the basmati rice to himbA is not liable because he has no legal obligation to accept delivery of rice from D while he wanted delivery from B.cA is liable because it is because of his telegram that D delivered rice to him, though, A may further recover from TTC.dA is not liable because his act of sending the telegram has caused no injury to D.

Last edited by Sunny12; 10042012 at 06:23 PM.

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06262012

D Closest to the principle.

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Re: Answer this! Will post the key and many more questions. :)06302012

Correct.

Since there is no legal right of D that has been violated by A sending the telegram, TTC delivering the telegram, D getting the telegram or D acting onthe contents of telegram, there is nothing that he can recover from A, notwithstanding the damage.

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06302012

Q.2Principle: In case the plaintiff voluntarily agrees to suffer some hard, he is not allowed to complain for that and his consent serves as a good defenceagainst him

Explanation: Whenever a person has to give his consent to any activity, the consent must be free and must not be a result of force or fraud.

Facts: Jungi went to see a cricket match between India and Pakistan. In the match, Yusuf Pathan hit a huge six. Jungi was sitting in a special cabinmade for important guests. The ball flew high and entered the cabin and hit Jungi on his head and he suffered a huge contusion. Jungi sued YusufPathan for causing hurt and demanded Rs. 10 Lakh as compensation. Decide?

a) Jungi can succeed as Pathan should have known that if he hits a risky shot the ball may hit somebody in the spectators.b) Jungi can succeed as Pathan by hitting the ball hard and high caused the ball to land on Jungi’s head and violated his legal rights.c) Jungi will fail because Pathan is a famous cricketer and every body expected him to hit a six.d) Jungi will fail because before going to see the match, Jungi himself assumed the risk that he may get hit by the ball.

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06302012

D Closest to the principle.

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Q.3Principle: A person can be made liable for only those consequences of his act that are reasonably foreseeable.

Explanation: If the act and the consequence are so connected that they are not too remote but are proximate, the defendant will be liable for theconsequences. It is not necessary that the event which is immediately connected with the consequence is proximate and that further from it is tooremote.

Facts: John wanted a fairer complexion so he decided to purchase the new fairness cream in the market promoted by super model Josephus Abram(JA). After using the cream for one week John started getting rashes on his skin. After a while these rashes developed into sores and John had toundergo surgery to correct his skin. It turned out that the cream had a certain chemical that was not compatible with John’s skin. John sued JA for

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causing hurt. Decide.

a) JA is liable as before taking the advertisement he should have made sure that the cream is okay to use for everyone.b) JA is liable as he must know that he is very popular and whatever he would endorse people will buy therefore, he must endorse safe products only.c) JA is not liable as he could not have foreseen that the cream will cause an infection to John.d) JA is not liable as it is the cream that caused the damage to John and not any act attributable to JA.

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07012012

Answer to Question Number 2. D. Closest to the Principle, as you rightly said.

The reason being

If I go to see a cricket match, the moment I purchase ticket, it is obvious that I have consented to the possibility that the ball might land in thespectators for several reasons, one of which would be a batsman hitting a boundary and such landing could possibly harm me. Same goes for all otherpeople who come into see the match. Pathan’s actions are totally covered by this consent of Jungi.

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C acoording 2 d principle for ques. 3

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07012012

Q.3 Answer will be C

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Legal Reasoning. Answer this. Will post the keys by tonight!

07272012

1. . Legal Principle: Contractual liability is completely irrelevant to the existence of liability in tort(Civil wrong).Facts: X purchased a bottle of gingerbeer from a retailer. As she consumed more than ¾ of the contents of the bottle, she found decomposed remainsof a snail in the bottle. After seeing the remains of a snail, she fell sick at the thought of what she consumed. She sued the manufacturer of the beer fornegligence, though there is no contractual duty on the part of the manufacturer.

a. X cannot sue the manufacturer for negligence in the absence of a contractb. X can sue the retailer from whom she purchased the beer c. X cannot sue the retailerd. X can sue the manufacturer as he had a duty to take care to see that bottles did not contain any other substance than the beer and hence liable to havebroken that duty.

2. Legal Principle: Any person who has received any unjust benefit, he/she must return it to the rightful owner.Facts: A and B were staying in the same hostel room. B’s father had sent a parcel to him on his birthday containing expensive gifts. This parcel wasdelivered to A as B had gone out for a movie.a. A can retain the parcel without informing Bb. A can keep some gifts from the parcel and return the rest to Bc. A has to return the entire contents of the parcel to Bd. A can inform B about the parcel and need not return the parcel to B

3. Legal Principle: A man must not make such use of his property as unreasonably and unnecessarily to cause inconvenience to his neighbours.Facts: Mr. Z is the owner of a plot measuring 50 feet by 80 feet. He constructed a small house at one corner and was using the rest of the land as a cowshed. He had 20 cows and is involved in selling the milk to the public. The cow dung and other wastes were openly stored in a small 10 feet by 8 feettank. This constantly paved way for bad smell and breeding of mosquitoes. Mrs. Y, his neighbour constantly complained to Mr. Z but in vain.

a. Y cannot take any other action against Zb. Z can do something to prevent the foul smellc. Y can complain to the policed. Y can sue Z for damages based on the inconvenience caused by Z

4. Legal Principle: Special damage is the loss of some material advantage, pecuniary or capable of being estimated in money which arises on accountof special or unusual circumstances affecting the plaintiff.Facts: Raju has been sending his Tourist cars for repairs, maintenance and service to Lakshmi Service Centre, who promptly attended to all the worksduring the past five years. However, when Raju sent a new Sumo van for servicing and minor repairs, he indicated to the manager of Lakshmi ServiceCentre that the vehicle must be delivered, duly serviced, by 10th August 2010 at 5 PM as three foreign tourists had booked the vehicle for a period of 3months. The vehicle was not delivered as required, but was delivered only on 12th August 2010. Raju had lost the contract with the foreign tourist anda loss of revenue to the extent of Rs.30,000.

a. Raju can sue the Lakshmi Service Centre for damages including exemplary or special damages to the extent of Rs.30,000/b. Raju can sue Lakshmi Service Centre for ordinary damages for two days delayc. Raju cannot sue Lakshmi Service Centre for any damagesd. Raju can sue the Manager of the Service Centre for damages.

5. Legal Principle: The standard to determine whether a person has been guilty of negligence is the standard of care which, in the given circumstances,a reasonable man could have foreseen.Facts: The Agricultural University constructed 200 houses for its employees in its premises. Two huge bore wells were sunk and motors were installed.They did not cover the pump rooms properly. A child, 6 years old, from one of the quarters was playing near the pump house. On hearing the noise ofthe pump, she was curious to see the motor. She touched the motor that was not covered properly and three of her fingers were cut.

a. The parents of the child cannot sue the University on any grounds

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b. Inspite of the child’s act, her parents can successfully sue the University for damagesc. The University can be made liable only to the extent of the cost of treatment as the child also contributed to the incident.d. Only child can sue and not her parents.

6. Legal Principle: A bailment is a delivery of goods on condition, express or implied, that they shall be restored to the bailor (person delivering thegoods) as soon as the purpose for which the goods have been bailed is completeFacts: Javed, the owner of two cows had to leave the town for a period of 3 months. He handed over these two cows to his friend Rahim that he wouldtake them back on his return after three months. After two months, one of the cows gave birth to a healthy calf. Javed returns after three months andseeks the return of cows from Rahim.

a. Rahim need not return the cowsb. Rahim can return the cows provided Javed pays him some money towards expenses for maintaining themc. Rahim need not return the calf, but should return the two cowsd. Rahim has to return the cows and the calf without any demand for money

7. Legal Principle: An act of God is an operation of natural forces so unexpected that no human foresight or skill could reasonably be expected toanticipate it.Facts: The New Friends Association was celebrating its 10th Anniversary and arranged for a concert by a leading musical group. The event wasorganized in one of the best auditoriums and all the tickets were sold out. On the day of the event, an earthquake destroyed many buildings includingthe auditorium. People who had purchased the tickets asked for refund from the New Friends Association as the show could not take place.

a. The New Friends Association must refund the cost of ticketsb. The management of the auditorium must refund the cost of the ticketsc. The New Friends Association or anyone else need not refund the cost of tickets as it is act of Godd. The ticket holders can demand the show to be organized at a later point of time

8. Legal Principle: A contract entered into by a minor, who is less than 18 years of age, is a void contract and cannot be enforced against the minor inlaw except for the contract entered by the minors for his necessities.Facts: A, a minor enters into the contract with a book seller. The book seller supplied the school books and stationery as required by A. After receivingthe books and stationery, A refuses to pay the book seller on the ground that he is a minor, and as such the contract with the book seller is notenforceable.

a. Book seller cannot enforce the contract as ‘A’ is a minor, but can compel A to return the books.b. Book seller can enforce the contract even against the minor as the contract was for his necessitiesc. Book seller can enforce the contract after ‘A’ becomes a majord. Even after A becomes a major, this contract cannot be enforced by the book seller

9. Legal Principle: An agreement is void and unenforceable if considerations and objects are unlawful.Facts: A enters into an agreement with B for manufacture of 10 country made pistols and 10 land mines. A promises to pay a sum of Rs.2,00,000/ andadvances a sum of Rs.25,000/ to B. On completing the work and handing over the materials as required, A refuses to pay the remaining sum ofRs.1,75,000/ to B.

a. B cannot move any court for enforcement of this contractb. B can move the Civil Court for enforcement of contractc. B can move the High Court for enforcement of contractd. B can move the Supreme Court directly as his fundament and legal right is violated.

10. Legal Principle: Agreement by way of wager is void and no suit lies for recovering anything won by such wager.Facts: Mr. X and Mrs. Y enter into a contract with Rehman who is an expert in betting on horse racing. Both pay a sum of Rs.2,000/ to Rehman to beton a particular horse. Rehman followed the instructions and he won a sum of Rs.20 lakhs.

a. Rehman has to pay Rs.20 lakhs to Mr. X and Mrs. Yb. Rehman can divide Rs.20 lakhs into three parts and share it equality with Mr. X and Mrs. Yc. Rehman can keep Rs.15 lakhs and give 5 lakhs to Mr. X and Mrs. Yd. Rehman need not give anything to Mr. X and Mrs. Y as this agreement is not enforceable.

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