AILET Legal-Aptitude: Questions 107 - 108 of 152
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Question number: 107
Appeared in Year: 2015
Preparation to commit an offence is not an offence.
After one has finished preparation to commit an offence, any act done towards committing the offence with the intention to commit it, is an attempt to commit the offence which is by itself an offence.
FACTUAL SITUATION: A wanted to kill B and had therefore gone to the market to buy explosives to plant in his house. After A has planted the bomb, he felt guilty and he went back to remove the bomb but while he was doing so, B saw him and called the police. Can A be held liable?
Yes, because there existed a mala fide intention.
No, because B did not die.
Yes, because he has done something more than mere preparation.
No, because he had removed before anything could happen.
Question number: 108
Appeared in Year: 2013
LEGAL PRINCIPLE: If a person brings anything dangerous on his land which may prove harmful if escapes, then that person must keep it at his peril. If a man fails to do so then he must be made responsible to all natural consequences of its act.
FACTUAL SITUATION: A grows poisonous trees on his own land and lets the projection of the branches of his trees on the B’s land. B’s cattle die because of nibbling the poisonous leaves.
A is not liable to B because he is not acting negligently
A is not liable to B because B must have taken due care to control his cattle
A is liable to B because projection of branches with poisonous leaves amounts to escape
A is not liable to B because trees are still on A’s land and there is no escape of dangerous thing