Legal Reasoning (कानुनी तर्क) – Legal Reasoning MCQ
Legal Reasoning (कानुनी तर्क) – कानुन प्रवेश
Legal Reasoning · Law Entrance – Legal Reasoning, Constitution, English & GK · ६२५ प्रश्न
६२५ प्रश्न उपलब्ध। मोड छान्नुहोस्:
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
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Principle: Violation of a legal right is actionable even if no actual loss is suffered (injuria sine damno). Facts: A returning officer wrongfully refuses to let Z cast his vote. Z's preferred candidate wins the election anyway. Decide.
सही उत्तर: घ) Z can sue, because his legal right to vote was violated.
Under injuria sine damno, the infringement of a legal right is itself actionable without proof of loss. This was decided in Ashby v White on almost the same facts.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: No action lies where a person suffers loss but no legal right of his has been violated (damnum sine injuria). Facts: A opens a new school next to B's old school and charges lower fees. Many students leave B's school and B suffers heavy loss. Decide.
सही उत्तर: क) B cannot recover damages, because no legal right of B has been violated.
Lawful competition causes loss but violates no legal right, so it is damage without injury. This mirrors the classic Gloucester Grammar School case.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: An unreasonable and substantial interference with a person's use or enjoyment of his land is a private nuisance. Facts: In a residential area, A runs a noisy diesel generator outside B's bedroom window every night, making it impossible for B's family to sleep. Decide.
सही उत्तर: ख) A is liable for private nuisance.
Continuous night-time noise in a residential area substantially interferes with the enjoyment of land, which is nuisance. Using one's own land is no excuse when it unreasonably affects a neighbour.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: An employer is liable for the wrongful acts of an employee only when they are committed in the course of employment. Facts: Y, a company driver, secretly takes the company car on a public holiday to visit his relatives for his own purposes and injures a cyclist on the way. Decide.
सही उत्तर: ख) The company is not liable, because Y was on a personal trip outside the course of employment.
A purely personal trip (a 'frolic of his own') is outside the course of employment, so vicarious liability does not arise. Ownership of the vehicle alone does not make the employer liable under this principle.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: An employer is liable for the wrongful acts of an employee committed in the course of employment. Facts: X, a delivery driver employed by a company, negligently hits a pedestrian while delivering the company's goods to a customer. Decide.
सही उत्तर: ग) The company is liable, because X acted in the course of his employment.
Delivering the employer's goods is exactly the work X was employed to do, so the employer is vicariously liable. It does not matter that the employer never authorised the careless manner of doing it.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: Defamation requires that a false statement harming a person's reputation be published, that is, communicated to at least one person other than the person defamed. Facts: A writes a letter to B calling B a thief, seals it, and sends it to B. Nobody except B reads it. Decide.
सही उत्तर: घ) A is not liable for defamation, because the statement was not communicated to any third person.
Reputation is what others think of a person, so publication to a third party is essential. A letter read only by the person defamed is not published, however insulting it is.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: A person who brings onto his land and keeps there anything likely to do mischief if it escapes is liable for the damage caused by its escape, even if he was not negligent. Facts: A builds a large water reservoir on his land with all reasonable care. The reservoir bursts and floods B's neighbouring mine. Decide.
सही उत्तर: क) A is liable, because liability under this principle does not depend on negligence.
The principle states strict liability: the escape of a dangerous thing makes the keeper liable even without negligence (the rule in Rylands v Fletcher). Proof of reasonable care is therefore not a defence here.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: A person may use force in private defence, but the force must be proportionate to the threat. Facts: B lightly slaps A during an argument; A immediately shoots B dead. Decide.
सही उत्तर: क) A cannot claim private defence because the force was disproportionate.
Shooting someone in response to a light slap is far beyond proportionate force.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: Entering another person's land without lawful authority or permission is trespass. Facts: A, without B's permission, regularly walks across B's private field as a shortcut. Decide.
सही उत्तर: ख) A has committed trespass.
Entering B's land without permission is trespass, whether or not damage is caused.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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The principle of natural justice 'Audi alteram partem' means:
सही उत्तर: क) Hear the other side
'Audi alteram partem' requires that both parties be heard before a decision.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
यी अभ्यास प्रश्न हुन्, आधिकारिक प्रश्न होइनन्। पाठ्यक्रम, विज्ञापन र नतिजाका लागि सम्बन्धित निकायको आधिकारिक वेबसाइट हेर्नुहोस्। उत्तरमा गल्ती भेटे प्रश्नमुनिको "टिप्पणी / गल्ती रिपोर्ट" मा लेख्नुहोस्।
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