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Legal Aptitude Quiz-10



Dear Readers,

Legal Aptitude is an important subject in CLAT,DULLB & Other Law Exams. In any of law exam, legal aptitude carries weightage of 25 % of questions. With focused practice good marks can be fetched from this section. These questions are very important in achieving your success in CLAT, DULLB and Other Law Exams..

Q1.  Identify the famous case that laid down the principle of Strict Liability.
  •  Ryland vs Fletcher
  •  Donoghue vs Stevenson
  •  Carlill vs Carbolic Smoke ball company
  •  None of the above
Solution
Rylands v. Fletcher was the 1868 English case that was the progenitor of the doctrine of Strict Liability for abnormally dangerous conditions and activities.

Q2.   What is the doctrine of tort law that excuses the effect of the plaintiff’s contributory negligence and permits claims for damages regardless of the plaintiffs own lack of ordinary care?
  •  Doctrine of Golden Opportunity
  •  Doctrine of Last Opportunity
  •  Doctrine of Volenti Non Fit Injuria
  •  None of the above
Solution
The doctrine of last opportunity is employed in cases of contributory negligence . Under this doctrine, a negligent plaintiff can nonetheless recover damage if he is able to show that the defendant had the last opportunity to avoid the accident.

Q3.   Which body of the government gives the final assent to the five year plan prepared by the Planning Commission?
  •  National Development Council
  • National Welfare Council
  •  Human Resource Development Council
  •  Social Justice and Empowerment Council
Solution
The National Development Council (NDC) or the Rashtriya Vikas Parishad is the apex body for decision making and deliberations on development matters in India, presided overby the Prime Minister. It was set up on 6 August 1952.

Q4.   Which Amendment added “Right to Equal opportunity for Justice and Free Legal Aid” in Part IV of the Constitution of India?
  •  42nd Amendment
  •  46th Amendment
  •  44th Amendment
  •  43rd Amendment
Solution
44m Amendment Act, 1978 added “Right to Equal opportunity for Justice and Free Legal Aid” in Part III of constitution under Article 39 A.

Q5. Which doctrine of law was discussed in the Bhopal Gas Tragedy case that grants the
authority of the state to amend old laws and formulate new laws in order to protect
persons who are legally unable to act on their own behalf?
  •  Doctrine of Res judicata
  •  Doctrine of Audi Alteram Partem
  •  Doctrine of Autrofois Convict
  •  Doctrine of Parens patriae
Solution
 Doctrine of Parens patriae grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf.

Q6.   What are the essential ingredients of a contract?
  •  Free consent, competence, offer, acceptance, consideration and lawful object.
  •  Free consent, competence, offer, acceptance, lawful consideration and lawful object.
  • Free consent, competence, offer, acceptance, consideration and object.
  • None of these
Solution
A valid contract is created between parties only when all essential ingredients viz. Free consent, competence, offer, acceptance, lawful consideration and lawful object are present.

Q7. Under Hindu law, maintenance can be claimed by:
  •  Wife
  •  Children
  •  Aged Parents
  •  All of the above
Solution
Hindu law enshrines right of maintenance on Wife, children and aged parents.

Q8. Hindu wife is not entitled to maintenance if:
  •  She is unchaste
  •  She ceased to be a hindu by conversion to another religion
  •  Both (A) & (B)
  •  She is of unsound mind
Solution
Hindu wife is disentitled to maintenance if she is unchaste or if she ceases to be a hindu by conversion to another religion.

Q9. The maxim ‘qui facit per alium facit per se’ means:
  •  He who does an act through another is deemed in law to do it himself
  •  He who does an act through another is not deemed in law to do it himself
  •  No man can be a judge in his own cause
  •  All allegation contrary to a deed is not to be heard.
Solution
Qui facit per alium facit per se is a Latin legal term meaning, “He who acts through another does the act himself.” It is a fundamental maxim of the law of agency and is also often stated in discussing the liability of employer for the act of employee.

Q10.    When two or more persons commit the same tort against the same plaintiff, they are called:
  •  Composite tortfeasors
  •  Contributory negligence tort committers
  •  Tort partners
  •  None of the above
Solution
Negligence of two or more persons resulting in the same damage constitutes Composite Negligence. Such persons are known as composite tortfeasors and there liability is joint and several.

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