List of top Legal Studies Questions asked in All India Law Entrance Test

Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle 1 : A misrepresentation arises when a person makes a false statement of fact to another which induces the other party to enter into a contract, resulting in loss to that other party.
Principle 2 : When consent to an agreement is caused by misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.
Facts : It was Kritika’s mother’s 50th birthday on 9th February 2021. Kritika decided to organise a lavish celebration to celebrate the event. Kritika’s mother used to play the piano before her marriage. However, after Kritika was born, she was unable to take out any time to pursue her interest in playing the instrument. Kritika learnt about this from her maternal grandmother a few days before her mother’s birthday. She decided to give her mother a piano on her 50th birthday.
She visited Himanshu’s piano store for this purpose. Himanshu showed Kritika all the pianos available at his store and explained the features of each model. Kritika had no prior knowledge of pianos and hence relied upon Himanshu’s opinion. She saw a vintage piano and was immediately drawn to it. Being a shrewd businessman, Himanshu saw an opportunity to sell the piano and said “They don’t make them like this anymore. It’s got a fine tone and it’s really cheap at ` 50,000”.
Kritika purchased the piano and gifted the same to her mother. However, when her mother started playing it, she immediately realized that the piano was of an inferior quality and that the tone was not proper. Kritika and her mother approached Himanshu and asked him to either replace the piano or refund the money. Himanshu refused to do either. What would be the strongest argument that Himanshu could make ?
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
1. Negligence is a legal wrong that is suffered by someone at the hands of another who has a duty to take care but fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
3. The claimant must prove that harm would not have occurred 'but for the negligence of the defendant.
4. Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.
5. Conversations between a doctor and patient are generally confidential but there are few exceptions.
R, T and U were watchmen in Skypark Society. They were on night shift and began vomiting after drinking tea. They went to the SEM Hospital and complained to the nurse about it. The nurse thought they were vomiting because of alcohol they had been drinking earlier in the evening. However, the nurse reported it to the medical officer who refused to examine them and said that they needed to go home and contact their own doctors. They returned to their workplace, where U's condition deteriorated. U died of arsenic poisoning five hours later on way to hospital.
U's wife brought a claim of negligence against the Hospital administration. She argued that the hospital was negligent in not identifying that U had been poisoned, and the doctor should therefore have seen to him when they first approached the hospital. The hospital denied they were negligent, and in any event said they did not cause his death. Decide.