1-(a), 2-(c), 3-(c), 4-(b), 5-(a), 6-(b), 7-(c), 8-(b), 9-(d), 10-(b)
- The principle talks about ‘willful rash driving’, whereas as per the facts, Mr. Boru is merely driving while intoxicated. His actions do not amount to ‘wilful rash driving’. The correct answer is (a).
- Akash is not liable for fraud as the principle clearly states, “Mere silence as to the facts likely to affect the willingness of a person is not fraud’. The circumstances of the case are not such that it is the duty of the person keeping silent to speak. If, however, Anubhuti asks Akash while inspecting the horse, “Is the horse of a sound mind?”, and if Akash says no, then he will be liable for fraud. In the present case, however, Akash has not committed fraud as he did not say anything positive about the mental state of the horse. The correct answer is (c).
- According to the principle, only the parliament or state legislatures have the authority to enact laws. The judiciary does not have the power to direct the parliament to enact a new law as there is a separation of powers. However, it is well within the power of the judiciary to quash a law which violates a person’s fundamental right. Thus, the correct answer is (c).
- By merely quoting the lowest price of the car, Aparna has not made an offer. Rather, he has just provided information regarding the car. Thus, it is only an invitation to offer and not an offer itself. As there is no valid offer, there can be no acceptance by Arshita. Aparna can refuse to sell the car as quoting the lowest price was an invitation to offer and not an offer. Accordingly, the correct answer is (b).
- As Sakshi is of unsound mind while entering into the contract, as according to the principle, he cannot enter into the contract with Samyak. Thus, the answer is (a).
- The principle has to be applied directly. UCIL bought a substance on their property which could cause damage if it escaped. The substance escaped. It is not relevant whether UCIL took adequate care to ensure that the substance would not escape. The principle states that one who stores the dangerous substance is liable for ‘any’ damage caused upon escape. The authorities are entitled to the whole sum, as UCIL shall be held liable for all the repercussions of their act even if they had exercised due care. Thus, the correct answer is (b).
- Make sure you only apply the principle mentioned in the question. According to principles 1 and 3, defamation has occurred in both instances as a third person came to know of the defamatory material (publication) and injury was caused without lawful justification. Truth cannot be a defence as this question is only concerned with Principle 1 and 3. The correct answer is (c).
- As a defamatory statement was published which resulted in the loss of reputation of Ashim, defamation has been committed by Akashdeep. The correct answer is (b).
- As a defamatory statement which is untrue has been published causing a loss of reputation the answer is (d). All of the above.
- Based on a direct application of the principle, since Abhiroop is a minor, any contract with him is a void contract. The correct answer is (b).
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