कानुन प्रवेश परीक्षा LLB प्रवेश (३ वर्षे) तयारी

कानुन प्रवेश: प्रश्न र उत्तर

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

सही: ० / ०

1261. Principle: A person who suffers a recognised psychiatric illness from witnessing, with his own senses, an accident in which a close relative is injured through the defendant's negligence may recover damages. Facts: A mother standing on the roadside sees her child knocked down by a negligently driven bus and suffers a serious psychiatric illness as a result. Decide.

      कThe mother can recover only if she too was hit by the bus खThe mother cannot recover, as she suffered no physical injury गThe mother can recover damages from the bus driver घOnly the child can recover damages
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1262. Principle: An agreement absolutely restricting a party from enforcing his rights through the courts is void, but an agreement to refer disputes to arbitration is valid. Facts: A contract between A and B states that any dispute arising under it will be settled by arbitration. A dispute arises, and B files a suit in court ignoring the clause. A objects. Decide.

      कThe whole contract is void खThe arbitration clause is valid and the dispute should be referred to arbitration गB may choose freely, as the clause is only advisory घThe clause is void, as it restrains legal proceedings
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1263. Principle: A mere request for information about the terms of an offer is not a counter-offer and does not reject the offer. Facts: A offers to sell goods to B for Rs. 1 lakh. B asks whether A would accept payment in two instalments. A does not reply. B then unconditionally accepts the original offer within the time allowed. Decide.

      कA contract is formed on the original terms खNo contract, because B's inquiry rejected the offer गA contract is formed with payment in two instalments घNo contract, because A did not answer the inquiry
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1264. Principle: An exclusion clause is binding only if reasonable notice of it was given before or at the time the contract was made. Facts: A guest books a room and pays at the hotel reception. Only after entering the room does he see a notice on the wall stating that the hotel is not liable for theft of guests' property. His property is stolen through the staff's negligence. Decide.

      कThe guest is bound because he stayed in the room after seeing the notice खThe hotel cannot rely on the notice, because it was seen only after the contract was made गThe hotel is liable only if the guest had read the notice at reception घThe hotel is protected by the notice
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1265. Principle: Where a contract contains a negative promise not to do something, a court may grant an injunction to enforce it, even though it will not compel the positive part of a contract for personal service. Facts: A famous singer agrees to sing only at X's theatre during a season and not to sing anywhere else. She refuses to sing for X and plans to sing at Y's theatre. Decide.

      कThe court will order her to sing at X's theatre खThe court can give X no relief at all गThe court will order Y to close his theatre घThe court may restrain her from singing at Y's theatre, but will not compel her to sing for X
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1266. Principle: A holder in due course, who took a negotiable instrument for value, in good faith and before maturity, obtains good title free from defects in the title of prior parties. Facts: A obtains a cheque from B by fraud and endorses it to C, who gives full value for it without knowing of the fraud. B stops payment, arguing that A obtained the cheque by fraud. Decide.

      कC can enforce the cheque against B खC can recover only from A, never from B गThe cheque is void because of the fraud घC cannot enforce the cheque, because A's title was defective
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1267. Principle: An unpaid seller who is still in possession of goods sold without any agreement for credit may retain them until the price is paid. Facts: A sells a sofa to B for cash. B has not paid but demands delivery of the sofa, which is still in A's shop. Decide.

      कA may resell the sofa immediately without notice खA must deliver the sofa and then sue for the price गA may keep the sofa until B pays घA must deliver the sofa because ownership has passed to B
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1268. Principle: Where goods are bought by description from a seller who deals in such goods, there is an implied condition that they are of merchantable quality, unless the buyer examined them and the defect could have been revealed by that examination. Facts: B buys sealed packets of milk powder from a grocer. On opening them at home, he finds the powder spoiled because of a manufacturing defect that no examination of the sealed packets could have revealed. Decide.

      कB has no claim, since he chose the packets himself खB has no claim because of the rule 'let the buyer beware' गB can claim only from the manufacturer, never from the grocer घB can claim against the grocer for breach of the implied condition
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1269. Principle: A minor may act as an agent, and the principal is bound by the acts of such an agent within his authority, though the minor is not personally liable to the principal. Facts: A appoints B, aged 16, as his agent to sell A's goat. B sells it to C at a fair price within his authority. A then claims the sale is not binding because B is a minor. Decide.

      कThe sale binds B personally but not A खC must return the goat because the agency was invalid गThe sale binds A, because a minor can be an agent घThe sale is void because B is a minor
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1270. Principle: A person who supplies a minor with necessaries suited to his condition in life is entitled to be reimbursed from the minor's property, though the minor is not personally liable. Facts: S supplies essential school books and clothing to R, a 16-year-old orphan who has inherited land. R does not pay. Decide.

      कS can have R imprisoned for non-payment खS can be reimbursed from R's property गS can recover nothing, as agreements with minors are void घS can recover the price only after R becomes an adult, from his personal earnings
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।