Criminal Law (CLAT (Common Law Admission Test) Legal-Aptitude): Questions 9 - 10 of 88

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Passage

PRINCIPLES:

Whoever finds an unattended object can keep it unless the true owner claims that object. This does not affect the property owner’s right to the ownership of the property on which the object is found. The right to ownership of a property does not include the right to ownership of unattended objects on that property.

FACTS: Elizabeth is the CEO of global management Services Company in Chennai and is on her way to Ranchi to deliver the convocation address at India’s leading business school on the outskirts of Ranchi. Flying business class on Dolphin Airlines, she is entitled to use the lounge owned by the airline in Chennai Airport while waiting for her flight. She finds a diamond earring on the floor of the lounge and gives it to the staff of Dolphin Airlines expressly stating that in the event of nobody claiming the earring within six months, she would claim it back. The airline sells the earring after eight months and Elizabeth files a case to recover the value of the earring from the airline when she is informed about its sale.

Question number: 9 (2 of 3 Based on Passage) Show Passage

» Criminal Law

Appeared in Year: 2011

MCQ▾

Question

As a judge you would order that:

Choices

Choice (4) Response

a.

The airline must compensate Elizabeth because while accepting the earring from Elizabeth they had agreed to return it if nobody claimed it within six months.

b.

Elizabeth is not entitled to compensation because the earring was found on the property of the airline and therefore, the airline is entitled to sell it.

c.

The airline must compensate Elizabeth because owning the lounge does not give the airline the right over all things that might be found on it.

d.

Elizabeth is not entitled to compensation because she did not claim the earring after the expiry of six months and the airline waited for a couple more months before selling it.

Question number: 10 (3 of 3 Based on Passage) Show Passage

» Criminal Law

Appeared in Year: 2011

MCQ▾

Question

To the original fact scenario, the following fact is added: In the lounge there are numerous signboards, which proclaim ‘Any unattended item will be confiscated by Dolphin Airlines’. In this case, you would:

Choices

Choice (4) Response

a.

Order the airline to pay compensation to Elizabeth because the board in the lounge cannot grant property rights over unattended objects to the airline.

b.

Deny Elizabeth compensation because the signboard makes it evident that the airline, as owner of the lounge, is exercising all rights over all unattended items in the lounge and the earring is one such item.

c.

Deny Elizabeth compensation because she knew any unattended item belonged to the airline.

d.

Order the airline to pay compensation to Elizabeth because the property rights of the airline are relevant only if the item is unattended. The moment Elizabeth found the earring, it belonged to her

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