1. 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.
(a) The alphabet ‘B’ cannot be registered as trade mark because it is an English letter.
(b) The alphabet ‘B’ can be registered as trade mark because it describes the quality of things.
(c) The alphabet ‘B’ can be registered as trade mark.
(d) The alphabet ‘B’ cannot be registered as trade mark because it belongs to humanity.
2. 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.
(a) Only the fact that ‘A’ is accused of conspiracy hatched in England is relevant.
(b) Only the fact that ‘A’ a citizen of England is accused of committing murder of ‘B’ in India is relevant.
(c) The facts that ‘A’, a citizen of England is accused of commission of murder in India and of conspiracy hatched in England are relevant facts.
(d) ‘A’, a citizen of England cannot be tried in India.
3. 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.
(a) B’s death is accidental, as ‘A’ did not have the knowledge that the gun is loaded.
(b) B’s death is accidental, as ‘A’ had no intention to kill ‘B’.
(c) B’s death is accidental, as ‘A’ was just pointing the gun playfully at ‘B’.
(d) B’s death is not accidental, as there was want of proper care and caution on the part of ‘A’.
4. 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
`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.
(a) ‘B’ has not fulfilled the condition
(b) ‘B’ has fulfilled the condition
(c) ‘B’s marriage is not valid.
(d) The condition is illegal.
5. PRINCIPLES: • A person is said to abet the doing of a thing when he instigates any other person to do that thing. • Mere acquiescence, however, does not amount to instigation.
FACTS: ‘A’ says to ‘B’: I am going to kill ‘C’. And, ‘B’ replies: “Do as you wish and take the consequences”; whereafter ‘A’ kills ‘C’.
(a) ‘B’ is jointly liable with ‘A’ for killing ‘C’.
(b) ‘B’ has not abetted ‘A’ to kill ‘C’.
(c) ‘B’ has abetted ‘A’ by conspiracy .
(d) ‘B’ abetted ‘A’ to kill ‘C’.
6. PRINCIPLE: Defamation is the publication of a statement which tends to lower 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.
(a) ‘A’ is liable to ‘B’ for defamation, as the letter is highly offensive and derogatory and is directly sent to ‘B’.
(b) ‘A’ is liable to ‘B’ for defamation, as the letter is highly offensive and derogatory.
(c) ‘A’ is liable to ‘B’ for defamation, as it has hurt his (B’s) self-esteem.
(d ) ‘A’ is not liable to ‘B’ for defamation, since there is no publication to any other person in whose estimation the reputation of ‘B’ could be brought down.
Answers: 1 (c), 2 (c), 3 (d), 4 (b), 5 (b), 6 (d)