List of top Legal Studies Questions

Principle: Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, commits the offence of culpable homicide. Facts: 'B' causes the death of 'A' by a violent act intending to cause bodily injury.

Principle: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to take such taking, is said to commit theft. Facts: 'Z' going on a journey, entrusts his plate to the possession of 'A', the keeper of a warehouse, till 'Z' shall return. Then, 'A' carries the plate to a goldsmith and sells it.

Principle: Whoever makes any false document or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. Facts: 'A' without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an estate from 'Z' to 'A', with the intention of selling the estate to 'B' and thereby obtaining from 'B' the purchase-money.

Principle: An act done by a person who is bound by law to do it is not an offence. Facts: 'A', a police officer, without a warrant, apprehends 'Z', who has committed murder.

Principle: When a criminal act is done by several persons in furtherance of a common intention, each is liable as if he alone committed it. Facts: Roshan, with friends Tushar and Tarang, went to Darshan’s house to avenge an insult. They opened fire; Tushar and Tarang’s shots killed Darshan, Roshan’s shots missed.

Principle: The Constitution of India guarantees the “right to life”, meaning the right to live with human dignity. This does not include the right to die. Facts: 'M', aged 90, lives alone without family and suffers from physical and mental distress, unable to afford medical expenses. He petitions for the right to die with dignity to avoid being a burden on society.

Principle: A master is liable for wrongful acts of a servant only if committed in the course of employment. Facts: 'D', a driver employed by 'M', picks a fight during his lunch break at a tea shop, causing damage. The injured party sues 'M' for compensation.

Principle: Trespass to land means direct interference with the possession of land without lawful justification, either by entering or by causing tangible objects to enter. Facts: 'A' throws stones onto neighbour 'B’s premises.

Principle: Nuisance is unlawful interference with a person’s use or enjoyment of land. Direct interference is trespass; consequential interference is nuisance. Facts: 'A' plants a tree on his own land, but its branches extend over the land of 'B'.

Principle: Interference with another’s goods so as to deny the latter’s title amounts to conversion, a civil wrong. It is an intentional act inconsistent with the owner’s rights, even without an intention to take or keep the property. Facts: 'R' went to a cycle stand to park his bicycle. Seeing it full, he moved some bicycles, including 'S’s bicycle, to make space. In a hurry, 'R' did not put back 'S’s bicycle. Someone took 'S’s bicycle, as the watchman did not realize it was part of the stand. 'S' sues 'R' for conversion.

Principle: \textit{Caveat emptor} — "let the buyer beware" — means the buyer is responsible for assessing the suitability and quality of goods before purchase. Facts: 'A' bought dark blue cloth from 'B' to make uniforms but did not inform 'B' about its specific purpose. The cloth was later found unfit for uniforms but suitable for other uses.

Principle: The transferor of goods cannot pass a better title than what he himself possesses. Facts: 'X' sells a stolen bike to 'Y', and 'Y' buys it in good faith.

Principle: Negligence is a breach of duty to exercise reasonable care, resulting in injury or loss to another. Liability arises if the duty is owed and breached. Facts: 'D' bought a sealed can of soft drink, consumed some, and then poured the rest into a tumbler. A decomposed snail was found in the drink. 'D' fell ill and sued the manufacturer for negligence.

Principle: A gift comprising both existing and future property is void as to the latter. Facts: 'X' owns a house. He contracted to purchase a plot of land adjacent to the house, but the sale of the plot was yet to be completed. He gifted both the house and the plot of land to 'Y'.

Principle: Invasion of a legal right allows the aggrieved person to claim damages even without proof of actual loss. Facts: ‘A’, a qualified voter, was wrongfully refused the right to vote. His candidate still won the election. ‘A’ sued for damages.

Principle: In a civil defamation suit, truth is a complete defence if proven by the defendant; the burden of proof is on the defendant. Facts: ‘D’, editor of a local weekly, published articles alleging that ‘P’, a government servant, was corrupt and accepted bribes. ‘P’ sued for defamation. ‘D’ failed to prove the truth of the allegations.

Principle: Consent is free when it is not caused by coercion, undue influence, fraud, misrepresentation, or mistake. When consent is caused by coercion, the agreement is voidable at the option of the party whose consent was so caused. Facts: 'X' threatens to gun down 'Y' if 'Y' does not sell his property worth Rs. 20,00,000 for Rs. 1,00,000. 'Y' agrees to sell.

Principle: An agreement must have a lawful object and must not be vague or uncertain to be enforceable. Facts: 'X' enters into an agreement with 'Y' agreeing not to marry anyone except a person whose name starts with the letter 'A', and promises to pay Rs. 1,00,000 to 'Y' if 'X' breaches this term.

Principle: Ignorance of law is no excuse. Facts: 'X' fails to file his income tax returns for several years. When served with a show-cause notice, he claims his legal advisor did not inform him to file the return.

Principle: Vicarious liability is the liability of the master or principal for the tort committed by his servant or agent in the course of employment. The master or principal is not liable for private wrongs of the servant/agent. Facts: 'X' hands over cash to his neighbour 'Y', who is also a cashier in a bank, to deposit in 'A's bank account. Instead of depositing the money, 'Y' misappropriates it.

Principle: Volenti non fit injuria — a person has no legal remedy for an injury caused by an act to which he has consented. Facts: 'R' buys a ticket to watch a T20 match. A ball struck for six hits 'R' and injures him. 'R' sues IPL for medical expenses.

Principle: Damage without the violation of a legal right is not actionable in a court of law. If the interference with another’s rights is lawful and a necessary consequence of exercising one’s own lawful rights, no action should lie. Facts: An established school (‘ES’) suffered financial loss due to a new competing school opening and claimed compensation.

Principle: A proposal (offer) should be made with an intention that after its valid acceptance, a legally binding promise or agreement will be created. The test for such intention is objective, judged from terms of the agreement and circumstances. Generally, social or domestic arrangements do not create legal obligations, while business arrangements do. Facts: One morning during breakfast, 'X' (the father) says to 'Y' (his son), "I shall buy a motorbike for you if you get through the CLAT."

Principle: Acceptance of an offer must be communicated by the offeree to the offeror so as to give rise to a binding obligation. Communication between their authorized agents is valid. Facts: 'X' made an offer to buy 'Y's property for a stipulated price. 'Y' accepted it and communicated his acceptance to 'Z', a stranger.

Principle: Acceptance should be made while the offer is still subsisting. The offeror may withdraw his offer at any time before acceptance. If no time limit is specified, acceptance must be made within a reasonable time. Facts: 'X' offers to 'Y' to sell his equipment for Rs. 1,000. No time limit is specified for acceptance. 'Y' sends his acceptance two years later.