Legal Reasoning (कानुनी तर्क) – Legal Reasoning MCQ

Legal Reasoning (कानुनी तर्क): प्रश्न र उत्तर

सही लागेको विकल्पमा थिच्नुहोस्। सही भए हरियो, गलत भए रातो देखिन्छ; ३ सेकेन्डपछि सही उत्तर र व्याख्या देखिन्छ।

सही: ० / ०

81. Principle: No one may pass off his goods as those of another by using a name, mark or get-up likely to mislead buyers, even if the other's mark is not registered. Facts: A has sold tea for many years under the well-known but unregistered name 'Himal Gold' in a distinctive yellow packet. B starts selling his tea as 'Himal Gold' in a similar yellow packet. Decide.

    कB is liable for passing off खB is not liable, as A's mark is not registered गB is not liable, as tea is a common product घA can only complain to the tea growers' association
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

82. Principle: Where a statute imposes a duty for the protection of a particular class of persons, a member of that class who is injured by a breach of the duty may sue for damages. Facts: A law requires factory owners to fence dangerous machinery to protect workers. A factory owner leaves a machine unfenced, and a worker's hand is crushed in it. Decide.

    कThe worker cannot sue, as he chose to work there खThe worker cannot sue, as only the government can enforce the law गThe worker can sue the owner for breach of statutory duty घOnly a criminal fine can be imposed
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

83. Principle: A person may be falsely imprisoned even if he is unaware of the restraint at the time. Facts: A locks B inside a room for two hours while B is asleep. B learns of it only after he is released. A argues that B suffered nothing because he did not know. Decide.

    कA is not liable, as B did not know of the restraint खA is liable for false imprisonment even though B was unaware गA is liable only if B suffered physical injury घA is not liable, as the restraint lasted only two hours
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

84. Principle: A person who enters land under authority given by law and then abuses that authority by a positive wrongful act becomes a trespasser from the beginning (trespass ab initio). Facts: A municipal inspector lawfully enters a shop to check its weighing scales and, while there, deliberately smashes the shopkeeper's glass display cabinet in anger. Decide.

    कThe inspector is liable as a trespasser from the time he entered खThe inspector is not liable for trespass, as his entry was lawful गThe inspector is liable only if the scales were found correct घThe shopkeeper is liable for obstructing an inspector
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

85. Principle: Contracts of insurance require the utmost good faith, so the insured must disclose every material fact known to him; non-disclosure allows the insurer to avoid the policy. Facts: While buying a life insurance policy, A hides the fact that he has been under treatment for a serious heart disease. He dies of a heart attack a year later. The insurer refuses to pay. Decide.

    कThe insurer must pay, as A paid the premiums खThe insurer may avoid the policy for non-disclosure of a material fact गThe insurer must pay double the sum घThe policy is valid because A's death was natural
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

86. Principle: A person cannot validly insure property in which he has no insurable interest, that is, no interest such that he would suffer loss by its destruction. Facts: A, who has no connection with B's house, takes out a fire insurance policy on it. The house burns down and A claims the sum insured. Decide.

    कA can claim, since he paid the premium खA cannot claim, as he had no insurable interest in the house गA can claim half the sum insured घB must share the insurance money with A
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

87. Principle: A court will not order specific performance of a contract for personal service, as it cannot supervise or compel such performance. Facts: A famous singer agrees to perform at B's concert but refuses to come. B asks the court to order the singer to sing at the concert. Decide.

    कB can neither get specific performance nor damages खThe court will order the singer to sing under police escort गThe court will not compel the singer to perform, though B may claim damages घThe court will order another singer to perform instead
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

88. Principle: When the buyer of goods becomes insolvent, an unpaid seller who has parted with the goods may stop them while they are in transit and resume possession. Facts: A sells and dispatches a truckload of cement on credit to B. While the truck is on its way, A learns that B has been declared insolvent. A instructs the transporter to bring the cement back. Decide.

    कA must allow delivery to B and claim in the insolvency खA may lawfully stop the goods in transit गThe transporter becomes the owner of the cement घA must first obtain B's consent
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

89. Principle: A material alteration of a negotiable instrument made without the consent of a party liable on it discharges that party. Facts: A gives B a cheque for Rs. 5,000. Without A's knowledge, B alters the amount to Rs. 50,000 and presents it. Is A liable on the cheque?

    कNo, A is discharged because of the unauthorised material alteration खYes, A is liable for Rs. 50,000 गYes, A is liable for Rs. 45,000 घA is liable only if the bank honours the cheque
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

90. Principle: A company is not bound by contracts made on its behalf by its promoters before it was incorporated, since it did not exist when they were made. Facts: Before a company is registered, its promoter signs a contract in the company's name to buy furniture. After registration, the furniture supplier sues the company for the price. Decide.

    कThe company is bound, as the furniture was for its use खThe company is not bound by the pre-incorporation contract गThe government must pay for the furniture घThe supplier can sue all the future shareholders
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।