CLAT (Common Law Admission Test) Legal-Aptitude: Questions 515 - 519 of 1213

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Question 515

Appeared in Year: 2009

Question MCQ▾

Public holidays are declared under

Choices

Choice (4)Response

a.

Civil Procedure Code

b.

Constitution of India

c.

Negotiable Instruments Act

d.

Criminal Procedure Code

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Question 516

Question MCQ▾

Which of the following is the meaning of the legal term forum rei sitae?

Choices

Choice (4)Response

a.

Forum where subject matter situated

b.

A suitable forum

c.

With law

d.

A forum where there are new judges

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Question 517

Question MCQ▾

Which of the following is the meaning of the legal phrase de minimis non curat lex?

Choices

Choice (4)Response

a.

The courts are courts of law and not justice

b.

There is no law which is not a custom

c.

Customary laws are easy to follow

d.

The law is absolutely not concerned with trifles

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Question 518

Question MCQ▾

Which of the following is the correct meaning of the legal term consignor?

Choices

Choice (4)Response

a.

Person receiving the goods

b.

Person sending the goods

c.

Person uninvolved in transfer of goods

d.

Person convicted

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Passage

RULES:

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

FACTS: Messiers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadars’ . The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not the pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Ashish Mathew has applied for compensation from the Company.

Question 519 (1 of 5 Based on Passage)

Appeared in Year: 2011

Question MCQ▾

Which of the following statements can most plausibly be inferred from the application of the rules to the give facts?

Choices

Choice (4)Response

a.

Aashish Mathew is not an employee but an independent contractor as he does not have a fixed salary.

b.

Aashish Mathew is an employee of the Company because the latter exercises control over the manner in which Aashish Mathew carries out his work.

c.

Aashish Mathew is an employee because the Company exercises control over the final quality of the bidis.

d.

Verification of the quality of bidis amounts to control over the product and not control over the mode and method of work and therefore, Aashish Mathew is not an employee of the Company.

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