List of top Legal Studies Questions

If an authority is holding information about another in a 'fiduciary capacity', the information under the Right to Information Act, 2005 may not be obtainable. 'Fiduciary relationship' is based on:

Principle: Nothing is an offence, which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Facts: 'A' takes up a gun, not knowing whether it is loaded or not, points it playfully at 'B' and pulls the trigger. Consequently, 'B' falls dead.

Principle: An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for services. He undertakes to produce a given result, and in the actual execution of the work, he is not under the direct control or following directions of his employer. He may use his own discretion in execution of the work assigned.
In general, an employer is not liable for the torts (wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.
Facts: Ramesh hired a taxi-cab to go to Delhi Airport. As he started 1 ate from his home, he kept on urging the taxi-driver to drive at a high speed and driver followed the directions; and ultimately due to high speed an accident took place causing injuries to a person.

Principle: An agreement may be entered into orally or in writing, or by conduct.
Facts: 'A' went to the shop of 'B' and picked a toothbrush and gave a cheque of Rupees twenty to 'B' and left the shop.

Principle: Law never enforces an impossible promise.
Facts: 'A' made a promise to 'B' to discover treasure by magic.

Principle: False imprisonment is a tort (wrong) which means the total restraint of a person's liberty without lawful justification.
Facts: A part of a public road had been closed for spectators of a boat race. 'P' wanted to enter but he was prevented by 'D' and other policemen because he had not paid the admission fee. 'P' was able to enter the enclosure by other means but was unable to go where he wanted to go. The policemen refused access to where he wanted to go but allowed him to remain where he was or to go back. 'P' remained within the enclosure and refused to leave. Subsequently, 'P' sued 'D' for false imprisonment.

Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e., readiness to bear harm.
Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.

Principle: Causing of an effect partly by an act and partly by an omission is an offence.
Facts: 'A' confined her daughter 'D' in a room. 'A' also did not provide any food to her daughter 'D'. Consequently, 'D' died of starvation.

Principle: Whoever does not arrest the killer and report the matter to the concerned authorities commits an offence.
Facts: 'A', a woman, sees 'B', another woman, killing a third woman 'C'. 'A' neither attempted to arrest 'B' nor informed the concerned authorities.

Principle: Killing is not murder if the offender, whilst deprived of the power of self-control by intense and sudden provocation, causes the death of the person who gave the provocation.
Facts: 'A', a man found his girl friend sleeping, in her own bed room, with another man named 'B'. 'A' did not do anything but went to his home, picked a gun and cartridges, returned to the girl friend's bed room with loaded gun but found the place empty. After fifteen days he saw his girl friend dining in a restaurant. Without waiting for even a second, 'A' fired five bullets at his girl friend who died on the spot.

Principle: Whoever by words or writing conveys to others any imputation concerning any person's reputation is said to defame that person.
Facts: During a marriage ceremony, 'A' circulated a pamphlet saying that 'S', sister of the bride, is a thief, she has stolen the shoes of the bridegroom.

Principle: In case where there is an infringement of legal right even without any actual loss or damage, the person whose right is infringed has a cause of action.
Facts: 'P' was wrongfully prevented by the Returning officer from exercising his vote in an assembly election. Still he ('P') brought an action claiming damages. Which of the following derivations is correct?

Principle: A person, who is usually of unsound mind, but occasionally normal, may make a contract when he is not of unsound mind.
Facts: 'A' generally remains in the state of unsound mind and rarely becomes capable of understanding the things.

Principle: A condition to a contract can also be complied with after the happening of the event to which such a condition is attached.
Facts: 'A' promises to pay Rs. 5000 to 'B' on the condition that he shall marry with the consent of 'C', 'D' and 'E'. 'B' marries without the consent of 'C', 'D' and 'E', but obtains their consent after the marriage.

Principle: There are certain acts which, though harmful, are not wrongful in law; therefore, do not give legal right to bring action in law, to the person who suffers from such acts.
Facts: 'Prakash' has a rice mill. His neighbour, Shanti, sets up another rice mill and offers a tough competition to Prakash. As a consequence, Prakash's profits fall down. He brings a suit against Shanti for damages.

Principle: Existence of all the alleged facts is relevant, whether they occurred at the same time and place or at different times and places.
Facts: 'A', a citizen of England, is accused of committing murder of 'B' in India by taking part in a conspiracy hatched in England.

Principle: An agreement without free consent can be enforced only at the option of the party whose consent was not free.
Facts: 'A' obtains the consent of 'B' to enter into an agreement by putting a gun on the head of 'B's' girl friend.

Principle: Acceptance of proposal must be the exact mirror image of the proposal.
Facts: 'A' made a proposal to 'B' to sell a chair for Rs. 500. 'B' expressed his desire to buy the said chair for Rs. 400.

Principle: Mere silence as to facts likely to affect the decision of a person to enter into a contract is not fraud.
Facts: 'A' sells to 'B' (A's daughter who is a minor) a horse which 'A' knows to be unsound. 'A' says nothing to 'B' about the unsoundness of the horse.

Principle: Letters or words not describing quality of things can be registered as a trade mark.
Facts: Ram made an application for registration of alphabet 'B' written in a fancy style as trade mark to be applied on packets and cartons of shoes manufactured by him.

Principle: Defamation is the publication of a statement which tends to lower the reputation of a person in the estimation of other members of the society generally.
Facts: 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly to 'B' in a sealed cover.

Principle: A person is said to have committed assault when an apprehension is caused in the mind of a person that he is about to use physical force against his body.
Facts: 'A' abuses 'B' while he was sitting in a moving train, by aggressively shaking his fists when 'B' was standing on the railway platform at a distance.

Principle: Nothing is an offence which is done by a child under twelve years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.
Facts: Himesh, 11 years old boy, picks up a gold ring worth Rs 5000/- lying on a table in his friend's house and immediately sells it for Rs 2000/-, and misappropriates the money.

Principle: One who dishonestly misappropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.
Facts: 'A' takes property belonging to 'Z' out of 'Z's' possession, in good faith, believing when he takes it, that the property belongs to him self. Subsequently, 'A', on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.

Principle: Import means bringing some consignment into India from a foreign country.
Facts: A consignment from Sri Lanka entered the territorial waters of India. However, this consignment never crossed the Indian custom barrier nor did it enter into the stream of commerce in India.