Tort (CLAT Legal-Aptitude): Questions 6 - 7 of 82

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Question number: 6

» Tort

Appeared in Year: 2013

MCQ▾

Question

Principle: When a person voluntarily agrees to suffer some harm, he is not allowed to complain for that.

Facts: A was one of the spectators at a formula one car race, being held at Gurgaon, on a track owned by one M company. During the race, there was a collision between two racing cars, one of which was thrown away amidst spectators, thereby causing an injury to A, A claims damages for the injuries caused to him.

Choices

Choice (4) Response

a.

M company will be liable because it has earned huge revenue by way of sale of tickets for the event

b.

M company will not be liable for damages because A had come to see the race on his own will

c.

M company will be liable for damages because the injury was caused during the race organized by it

d.

M company will not be liable for damages because the collision between the cars was beyond its control

Passage

Rules: A. When land is sold, all ‘fixtures’ on the land are also deemed to have been sold.

B. If a moveable thing is attached to the land or any building on the land, then it becomes a ‘fixture’.

Facts: Khaleeda wants to sell a plot of land she owns in Beghmara, Meghalaya and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for sixty lakh rupees. After completing the sale, she removes the expensive Iranian carpet which used to cover the entire wooden floor of one of the bedrooms. The room had very little light and Khaleeda used this light-coloured radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realizes this and files a case to recover the carpet from Khaleeda.

Question number: 7 (1 of 4 Based on Passage) Show Passage

» Tort

Appeared in Year: 2011

MCQ▾

Question

Rule C: If a moveable thing is placed on land with the intention that it should become an integral part of the land or any structure on the land it becomes a fixture. Applying Rules A and C, to the fact situations in questions 192 and 193, as a judge you would decide in favor of:

Choices

Choice (4) Response

a.

Gurpreet only in 192

b.

Khaleeda only in 193

c.

Khaleeda in both situations

d.

Gurpreet in both situations.

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