Question numbers 1-5 consist of legal proposition(s)/ principle(s) (hereinafter referred to as ‘principle’) and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles those are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability, even if the ‘most reasonable conclusion’ arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
1. Principle: When a person who has made a promise to another person to do something does not fulfill his promise, the other person becomes entitled to receive, from the person who did not fulfill his promise, compensation in the form of money.
Facts: ‘X’ made a promise to ‘Y’ to repair his car engine. ‘Y’ made the payment for repair. After the repair, ‘Y’ went for a drive in the same car. While driving the car, ‘Y’ met with an accident due to bursting of a tyre.
(a) ‘Y’ will be entitled to receive compensation from ‘X’ in the form of money
(b) ‘Y’ will not be entitled to receive compensation from ‘X’
(c) ‘X’ will not be entitled to receive compensation
(d) ‘X’ will be entitled to receive compensation from ‘Y’ in the form of money.
2. Principle: Assault is causing bodily injury to another person by use of physical force.
Facts: Rustum while entering into compartment of a train raised his fist in anger towards a person Sheetal, just in front of him in the row, to get way to enter into the train first, but did not hit him. Rustum has
(a) insulted Sheetal
(b) not committed an assault on Sheetal
(c) Rightly showed his anger
(d) committed an assault on Sheetal.
3. Principle: The concept of natural justice is against bias and for the right to a fair hearing. While the term natural justice is often retained as a general concept, and it has largely been replaced and extended by the general ‘duty to act fairly’.
Facts: ‘X’, a male employee of a company was dismissed by the employer just on the basis of a complaint by ‘Y’, a female employee of the company that ‘X’ was trying to be too friendly with her and often requested her to accompany him to the canteen. Is the dismissal of ‘X’ valid?
(a) Yes, because men are not supposed to behave improperly with women and hence there is no violation of any principles of law
(b) No, because in the modern times this type of behaviour is common
(c) No, because the employer did not give a chance to ‘X’ to explain his side, thereby violated the principles of natural justice
(d) Yes, moral law is antique and therefore, not applicable in modern times, therefore the termination is valid and no violations of the principles of natural justice occurred.
Answers: 1.(b), 2. (b), 3.(c)