CLAT Legal Reasoning & Aptitude 3 — Questions and Answers
Question 1: Principle: A master is liable for the tortious acts of a servant done in the course of employment. Fact: A bus driver, while on his authorized route, takes a detour to visit his friend and injures a pedestrian during the detour. Is the employer liable?
- Yes, because the driver was on duty at the time
- No, because the detour was a frolic outside the course of employment (Correct answer)
- Yes, because the employer owns the vehicle
- No, because the pedestrian should have taken care on the road
Correct answer: No, because the detour was a frolic outside the course of employment
A personal detour constitutes a 'frolic' rather than a 'deviation,' taking the act outside the course of employment and absolving the employer.
Question 2: Which maxim means 'let the buyer beware' and historically placed the burden on purchasers to check quality?
- Caveat emptor (Correct answer)
- Volenti non fit injuria
- Ex turpi causa
- Nemo dat quod non habet
Correct answer: Caveat emptor
Caveat emptor places responsibility on the buyer to inspect goods before purchase, absent any warranty or misrepresentation.
Question 3: Principle: A contract entered into under undue influence is voidable at the option of the party whose consent was so obtained. Fact: An ailing grandmother transfers her property to her caretaker nurse, who had repeatedly told her she would be abandoned if she did not. The grandmother later seeks to set aside the transfer.
- The transfer is void ab initio and cannot be ratified
- The transfer is voidable and the grandmother may rescind it (Correct answer)
- The transfer is valid as the nurse provided care in exchange
- The transfer stands because the grandmother signed willingly
Correct answer: The transfer is voidable and the grandmother may rescind it
Undue influence — exploiting a position of dominance to obtain consent — makes the contract voidable, and the aggrieved party may rescind it.
Question 4: Under the Indian Penal Code, which element distinguishes 'culpable homicide' from 'murder'?
- The weapon used in causing death
- The degree of intention or knowledge with which the act is done (Correct answer)
- Whether the victim is a public servant
- The social relationship between accused and victim
Correct answer: The degree of intention or knowledge with which the act is done
Murder (Section 300 IPC) requires specific intent to kill or knowledge that death is virtually certain, making it a more culpable form of homicide.
Question 5: Principle: No one can transfer a better title than he himself has. Fact: Suresh steals a car and sells it to innocent Ramesh who buys it in good faith and for value. The original owner claims the car from Ramesh.
- Ramesh keeps the car because he is a bona fide purchaser for value
- The original owner can reclaim the car because Suresh had no title to transfer (Correct answer)
- Ramesh keeps the car if he registered it in his name
- The original owner is barred from claiming after 6 months
Correct answer: The original owner can reclaim the car because Suresh had no title to transfer
The nemo dat rule (nemo dat quod non habet) means a thief cannot pass good title, so the original owner prevails even against an innocent buyer.
Question 6: A law passed by Parliament restricts freedom of speech in the interest of public order. A citizen challenges it. Under Article 19(2) of the Indian Constitution, which standard applies?
- The restriction must be in the interest of public order and must be reasonable (Correct answer)
- Any restriction by Parliament is automatically valid
- Freedom of speech is absolute and admits no restriction
- The restriction is valid only if unanimously approved in Parliament
Correct answer: The restriction must be in the interest of public order and must be reasonable
Article 19(2) permits 'reasonable restrictions' on free speech on grounds including public order, and courts review whether the restriction is indeed reasonable.
Question 7: Which of the following is NOT a condition for a valid Hindu marriage under the Hindu Marriage Act, 1955?
- Neither party must have a living spouse
- The parties must be of different religions (Correct answer)
- The groom must be at least 21 years old
- Neither party must be an idiot or lunatic at the time of marriage
Correct answer: The parties must be of different religions
The Hindu Marriage Act applies to Hindus and does not require parties to be of different religions; same-religion marriage is the norm it governs.
CLAT Legal Reasoning & Aptitude 3
Principle: A master is liable for the tortious acts of a servant done in the course of employment.
Fact: A bus driver, while on his authorized route, takes a detour to visit his friend and injures a pedestrian during the detour.
Is the employer liable?