Tort (CLAT Legal-Aptitude): Questions 10 - 12 of 82

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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: 10 (4 of 4 Based on Passage) Show Passage

» Tort

Appeared in Year: 2011

MCQ▾

Question

Amongst the following options, the most relevant consideration while deciding a case on the basis of the above two principles would be:

Choices

Choice (4) Response

a.

Whether the moveable thing had become an inseparable part of the land or building.

b.

Whether the moveable thing was included in the sale agreement.

c.

Whether the moveable thing was merely placed on the land or building.

d.

Whether the moveable thing could be removed.

Question number: 11

» Tort

Appeared in Year: 2014

MCQ▾

Question

PRINCIPLES: Nuisance is an unlawful interference with a person’s use or enjoyment of land or some right over or in connection with it. If the interference is `direct’, the wrong is trespass; whereas, if the interference is `consequential, it amounts to nuisance.

FACTS: `A’ plants a tree on his land. However, he allows its branches to project over the land of ‘B’.

Which of the following derivations is CORRECT?

Choices

Choice (4) Response

a.

`A’ has not committed nuisance

b.

`A’ has committed trespass

c.

`A’ has committed nuisance

d.

All of the above

Question number: 12

» Tort

Appeared in Year: 2015

MCQ▾

Question

PRINCIPLE: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor. The neighbor for this purpose, is any person whom he should have in his mind as likely to be affected by his act. FACT: Krishnan, while driving a car at high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant woman passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.

Choices

Choice (4) Response

a.

Krishna will be liable to Lakshmi because he failed to drive carefully

b.

Krishna will not be liable, because he could not have foreseen Lakshmi suffering from nervous shock as a result of his act.

c.

Krishna will be liable, because he owed a duty of reasonable care to everybody on the road including Lakshmi

d.

All of the above

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