Tort (CLAT Legal-Aptitude): Questions 37 - 38 of 82

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Question number: 37

» Tort

Appeared in Year: 2014

MCQ▾

Question

PRINCIPLES: Interference with another’s goods in such a way as to deny the latter’s title to the goods amounts to conversion, and thus it is a civil wrong. It is an act intentionally done inconsistent with the owner’s right, though the doer may not know of, or intend to challenge, the property or possession of the true owner.

FACTS: `R’ went to a cycle-stand to park his bicycle. Seeing the stand fully occupied, he removed a few bicycles in order to rearrange a portion of the stand and make some space for his bicycle. He parked his bicycle properly, and put back all the bicycles except the one belonging to ‘S’. In fact, `R’ was in a hurry, and therefore, he could not put back S’s bicycle. Somebody came on the way and took away S’s bicycle. The watchman of the stand did not take care of it assuming that the bicycle was not parked inside the stand. `S’ filed a suit against `R’ for conversion.

Which of the following derivations is CORRECT?

Choices

Choice (4) Response

a.

`R’ could not be held liable for the negligence of the watchman

b.

`S’ would succeed because R’s act led to the stealing of his bicycle

c.

`S’ would not succeed because R’s intention was not bad

d.

`S’ would not succeed because `R’ did not take away the bicycle himself

Question number: 38

» Tort

Appeared in Year: 2015

MCQ▾

Question

PRINCIPLE: injuria sine damnum i. e injury without damage. FACT: SONU, who was returning officer at a polling booth, wrongly refused to register a duly tendered vote of Monu, thought he was a qualified voter. The candidate, whom MONU sought to vote, was declared elected.

Choices

Choice (4) Response

a.

MONU can sue SONU on the ground that he was denied to cast vote, which is a fundamental right.

b.

MONU cannot sue SONU because to whom he sought to vote was declared elected.

c.

MONU cannot sue SONU because there is no injury or damage cause to MONU.

d.

MONU can sue SONU on the ground that he was denied to cast vote, which is a legal right.

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