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

181. Principle: Courts may disregard the separate legal personality of a company where the company is used as a mere sham to evade an existing legal obligation. Facts: A agrees with his former employer not to solicit its customers. A then forms a company, of which he is the controlling shareholder, and the company solicits those customers. Decide.

     कThe company is free to act, because it is a separate legal person खOnly A personally can be restrained, not the company गThe court may lift the corporate veil and restrain the company as well as A घThe agreement is void because companies cannot be restrained
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

182. Principle: A person admitted as a partner into an existing firm is not liable for any act of the firm done before he became a partner. Facts: A and B run a partnership firm that borrowed Rs. 5 lakh from a bank. Later C joins the firm as a partner. The bank sues C for the earlier loan. Decide.

     कC is not liable, because the loan was taken before he became a partner खC is liable, because all partners are liable for all debts of the firm गC is liable for one-third of the loan घC is liable only if he agreed to share profits
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

183. Principle: In a sale by sample, the bulk of the goods must correspond with the sample. Facts: B orders 100 bags of rice after inspecting a sample of fine long-grain rice. The rice delivered is coarse and broken. Decide.

     कB must accept the goods, because rice was delivered खB must accept the goods but may not claim anything गB may reject only those bags he personally opens घB may reject the goods, because the bulk does not correspond with the sample
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

184. Principle: Where the buyer makes known to the seller the particular purpose for which goods are required and relies on the seller's skill, there is an implied condition that the goods are reasonably fit for that purpose. Facts: B tells a hardware dealer that he needs paint for an outdoor wall exposed to heavy monsoon rain, and buys the paint the dealer recommends. It washes off within weeks. Decide.

     कThe dealer is not liable, because the paint was of good quality for indoor walls खThe dealer is liable, because the paint was not fit for the purpose made known गB must bear the loss, because of the rule of caveat emptor घThe dealer is liable only if he manufactured the paint
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

185. Principle: A surety who pays the debt of the principal debtor steps into the shoes of the creditor and may recover the amount from the principal debtor. Facts: C guarantees B's loan from a cooperative. B defaults and C pays the full amount to the cooperative. C now sues B. Decide.

     कC cannot recover, because he voluntarily became surety खOnly the cooperative can sue B गC can recover only if B agrees घC can recover from B the amount he paid
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

186. Principle: Any change in the terms of the contract between the creditor and the principal debtor made without the surety's consent discharges the surety as to transactions after the change. Facts: C stands surety for B's bank loan of Rs. 5 lakh for two years. Without C's knowledge, the bank and B agree to raise the loan to Rs. 10 lakh and extend it to five years. B defaults. Decide.

     कC is liable for Rs. 10 lakh खC is discharged from liability गC is liable for Rs. 5 lakh plus interest for five years घC is liable because a guarantee can never be cancelled
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

187. Principle: A bailor must disclose to the bailee any faults in the goods bailed that he knows of and that expose the bailee to risk; otherwise he is liable for the resulting damage. Facts: A lends his horse to B for a journey, knowing that it has a habit of kicking without warning, but does not tell B. The horse kicks and injures B. Decide.

     कA is liable to B for not disclosing the known fault खA is not liable, because the loan was free of charge गB alone is responsible for handling the horse घA is liable only if he was paid for the loan
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

188. Principle: Where a principal revokes his agent's authority, he remains bound by the agent's later dealings with third parties who had previously dealt with the agent and were not informed of the revocation. Facts: For years, B bought goods from C on behalf of A. A dismisses B but does not inform C. B then buys goods from C in A's name and disappears with them. Decide.

     कA is not liable, because B's authority had been revoked खA is liable to pay C, because C was not told of the revocation गC must recover only from B घA is liable only for half the price
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

189. Principle: An agent must not make any secret profit from the agency; any such profit belongs to the principal. Facts: A appoints B to buy a plot of land for him. B buys a plot for A at the market price, but secretly accepts a commission of Rs. 1 lakh from the seller. Decide.

     कB may keep the commission, because A paid only the market price खThe seller must pay A a further Rs. 1 lakh गB must hand over the secret commission to A घB may keep the commission because it was paid by a third party
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

190. Principle: A minor cannot be bound by a promise, but a contract under which a minor has fully performed his side may be enforced by the minor against the other party. Facts: A 16-year-old pays a shopkeeper the full price of a bicycle in advance, but the shopkeeper refuses to deliver it. Decide.

     कThe minor cannot sue, because all contracts with minors are void for every purpose खThe minor can enforce the contract, because he has fully performed and only the adult's obligation remains गThe shopkeeper may keep the money, because the minor lacked capacity घThe minor can only claim the bicycle after turning 18
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।