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CLAT Legal Aptitude Last Year Questions

Q1. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
Principle:
 An agreement may be oral or written. However, if a law specifically requires that an agreement must be in writing then the agreement must be in writing. A law specifi- cally requires that the agreements relating to transfer of the copyright in novel between an author of a novel and the producer of a motion picture must be in writing.
Facts:
 The author of a novel, Love at Lost Sight, had several rounds of discussion with a producer of motion picture regarding making of a motion picture based on Love at Lost Sight. During the last discussion, they decided to make a motion picture on Love at Lost Sight the producer made a motion picture on Love at Lost Sight after making a payment of Rs. 10,00,000 in cash to the author who happily accepted this amount as full and final payment. Later on, on the advice of his lawyer, the author brought a case in a court of law against the producer on the ground that there is no written agreement between the producer and him.
(a) The author is likely to succeed in the case as the agreement is not in accordance with the law.
(b) The author cannot succeed in the case as he has given his consent to the agreement.
(c) The author is not likely to succeed in the case because he has already accepted the amount of Rs. 10,00,000 as full and final payment.
(d) The author can succeed in the case as the consideration is not adequate.

Q2. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its eff ect upon his interest.
Facts:
 X who is usually of sound mind, but occasionally of unsound mind enters into a contract with Y when he (X) is of unsound mind. Y came to know about this fact afterwards and now wants to file a suit against X.
(a) X cannot enter into contract because he is of unsound mind when he entered into contract.
(b) X can enter into contract but the burden is on the other party to prove that he was of unsound mind at the time of contract.
(c) X can enter into contract but the burden is on X to prove that he was of sound mind at the time of contract.
(d) None of these.

Q3. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 Whosoever commits any act forbidden by the Indian Penal Code with a view to obtain the consent of any person to enter into an agreement, he cannot get the agreement enforced by law but the person whose consent has been so obtained may get the agreement enforced by law. The Indian Penal Code defines various off ences and prescribes punishments therefor.
Facts:
 A obtains the consent of B to enter into an agreement by an act amounting to criminal intimidation under the Indian Penal Code. A brings a case against B for performance of agreement.
(a) A will succeed in the case.
(b) A may succeed in the case.
(c) B will succeed in the case.
(d) B will not succeed in the case.

Q4. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 A contract between the father and his son is a contract of utmost good faith. In such a type of contract law presumes that at the time of entering into the contract the father was in a position to dominate the will of his son. Where one of the parties was in position to dominate the will of the other party, the contract is enforceable only at the option of the party whose will was so dominated.
Facts:
 Ram had advanced a sum of Rs. 10,000 to his minor son Shyam. When Shyam became major, his father Ram misused his parental position and entered into an agreement with Shyam and obtained a bond from him for a sum of Rs. 30,000 in respect of the advance. Whether this agreement is enforceable?
(a) The agreement is enforceable against Shyam only for Rs. 10,000, the actual amount of money advanced to him.
(b) The agreement is enforceable against Shyam for Rs. 30,000 because he has signed the bond.
(c) The agreement is enforceable against Shyam because he was major at the time of agreement.
(d) The agreement is not enforceable against Shyam because Ram has misused his position as father to obtain an unfair advantage.

Q5. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 When at the desire of one person, any other person has done or abstained from doing something, such act or abstinence or promise is called a consideration for the promise. Only a promise coupled with consideration is enforceable by law.
Facts:
 X, the uncle of Y, made a promise to pay him an amount of Rs. 10,000 as reward if Y quits smoking and drinking within one year. X also deposited the above mentioned amount in a bank and informed Y that the said amount will be paid to him if he quits smoking and drinking within one year. Within a period of six months of making the promise X died. After the expiry of one year of making the promise by X, Y made a request to the legal heirs of X demanding the promised money. The legal heirs of X declined the request of Y.
(a) The promise of X to Y is enforceable by law because Y has quitted smoking and drinking.
(b) The promise of X to Y is not enforceable by law because Y has benefitted by quitting smoking and drinking.
(c) The promise of X to Y is enforceable by law because the amount of Rs. 10,000 has been deposited in a bank.
(d) The promise of X to Y is enforceable by law because X has died within a period of six months of making the promise.

Q6. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 ‘Work’ means literary work, artistic work, dramatic work, musical work, cinematographic film and sound recording but does not include acting in a cinematographic film. Only the works, as enumerated above, can be protected under copyright law.
Facts:
 A very famous actor acted in a cinematographic film. The actor was also the producer and director of cinematographic film.
(a) The acting of the actor can be protected under copyright law.
(b) The acting of the actor can be protected under copyright law only as an artistic work.
(c) The acting of the actor cannot be protected under copyright law.
(d) The acting of the actor cannot be protected under copyright law as a cinematographic film.

Q7. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 In case where the government is a party, the government shall be the first owner of the copyright in the work unless there is an agreement to the contrary.
Facts:
 The Government of the Slate of X entered into an agreement with a retired Professor of Botany. The Professor agreed to write a text book on Botany. The government agreed to pay a sum of Rs. 10,00,000 to the Professor for this work.
(a) The Government of the State of X shall be first owner of copyright in the text book.
(b) The Professor shall be first owner of copyright in the text book.
(c) Both the Government of the State of X and the Professor shall be the joint owners of copyright in the text book.
(d) The Professor shall be first owner of copyright in the text book only if he refuses to accept the amount of Rs. 10,00,000 from the government.

Q8. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 Licence is an agreement whereby the owner of the copyright agrees to grant an interest in the copyright to the licencee. Assignment is an agreement whereby the owner of the copyright transfers all the property rights to the assignee. Property right is a bundle of rights consisting of right to possess, right to use, right to alienate and the right to exclude others.
Facts:
 A, an owner of copyright in a cinematographic film enters into an agreement with B, a film distributor. B agrees to distribute the film only in Mumba
i.
A also enters into many such agreements with other distributors for distribution of his film in other cities.
(a) The agreement between A and B is more in the nature of assignment than in the nature of licence.
(b) The agreement between A and B is more in the nature of licence than in the nature of assignment.
(c) The agreement between A and B is both in the nature of assignment and licence.
(d) The agreement between A and B is neither in the nature of assignment nor in the nature of licence.

Q9. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 Qui facit per alium tacit per se, i.e. he who does things through others does it himself.
Facts:
 Nisha, the owner of a car, asked her friend Saurabh to take her car and drive the same to her office. As the car was near her office, it hit a pedestrian Srikant on account of Saurabh’s negligent driving and injured him seriously. Now Srikant files a suit for damages against Nisha.
(a) Nisha is not liable as it was the negligence of Saurabh.
(b) Saurabh is solely liable as Nisha was not driving the car.
(c) Nisha is liable as Saurabh was driving under her authority and for her purpose.
(d) Saurabh will be exempted from liability under the principle of inevitable accident.

Q10. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 Words describing quality of things cannot be registered as trade mark. However, such words may be registered as trade mark if they acquire a secondary meaning. Words acquire secondary meaning when people start associating the descriptive words with a person specific.
Facts:
 A hatchery located in Raipur is owned by X. X has been using the slogan ‘new laid eggs sold here’ since 1970 to describe the quality of eggs sold in his hatchery. Over a period of time because of continuous use of this slogan, people started associating this slogan with X. X filed an application for registration of the words ‘new laid eggs’ as trade mark in the year 1970.
(a) The words will be registered as trade mark.
(b) The words will not be registered as trade mark.
(c) The words may be registered as trade mark.
(d) The words may not be registered as trade mark.

Q11. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 Whoever takes away anything from the land of any person without that person’s consent is said to commit theft. A thing so long as it is attached to the earth is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.
Facts:
 Y cuts down a tree standing on the land of X with the intention of dishonestly taking the tree out of X’s possession without the consent of X. But Y is yet to take away the tree out of X’s possession.
(a) Y has committed theft as soon as he came to the land of X.
(b) Y has committed theft as soon as the tree has been completely cut down by him.
(c) Y has committed theft as soon as he has started cutting down the tree.
(d) Y has not committed theft because he is yet to take away the tree out of X’s possession.

Q12. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 res ipsa loquitur le. The thing speaks for itself.
Facts:
 Seema got herself operated for the removal of her uterus in the defendant’s hospital, as there was diagnosed to be a cyst in one of her ovaries. Due to the negligence of the surgeon, who performed the operation, abdominal pack was left in her abdomen. The same was removed by a second surgery.
(a) Surgeon cannot be held responsible because it is merely a human error.
(b) Surgeon can be held responsible but Seema will have to prove in the court of law that the surgeon was grossly negligent.
(c) Surgeon will be responsible and Seema need not to prove surgeon’s negligence because presence of abdominal pack in her abdomen is sufficient proof therefore.
(d) None of the above.

Q13. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 Whoever takes away with him any minor person less than sixteen years of age if a male, or less than eighteen years of age if a female out of the keeping of parents of such minor person without the consent of such parent, is said to kidnap such minor person.
Facts:
 A female born on 1st January 1995 got admitted to an undergraduate program of a reputed University on 1st July 2012. She became friendly with one of the boys, born on 1st June 1994, of her class. The boy and the girl decided to marry. The parents of the boy agreed but the family of the girl did not agree. On 15th December 2012 the girl made a call from her Blackberry to the boy. The girl told the boy to come in his car at a particular place and time. The boy reached the stipulated place before the stipulated time. He waited there for about half an hour. The girl reached the stipulated place. She opened the door of the car and sat beside the boy who was on the driving seat. Without exchanging any pleasantries, the boy drove the car to an unknown place. The father of the girl lodged an FIR in the nearest police station on 20th January 2013.
(a) The boy has committed the off ence of kidnapping.
(b) The boy has not committed the off ence of kidnapping.
(c) The boy has not committed the off ence of kidnapping for there is a delay in filing the FIR.
(d) The boy has not committed the off ence of kidnapping because the girl was his classmate.

Q14. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished.
Facts:
 Two adult men were found engaged in carnal intercourse by the police. The police arrested the men and produced them before the Court.
(a) Court will punish the police officer who arrested the men.
(b) Court will not punish the men for they were adults.
(c) Court will punish the men.
(d) Court may be requested to declare the law unconstitutional.

Q15. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 Wherever the causing of a certain eff ect, or an attempt to cause that eff ect, by an act or by an omission, is an off ence, it is to be understood that the causing of that eff ect partly by an act and partly by an omission is the same off ence.
Facts:
 A intentionally omitted to give food to his father. He also used to beat his father. Consequently A’s father died.
(a) A did not commit any off ence.
(b) A committed only the off ence of omitting to give food to his father.
(c) A committed only the off ence of beating of his father.
(d) A committed the off ence of killing of his father.
 
1. (a) 2. (a) 3. (c) 4. (d) 5. (a) 6. (d) 7. (a) 8. (a) 9. (c) 10. (c) 11. (c) 12. (c) 13. (b) 14. (c) 15. (d)

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