Tort (CLAT (Common Law Admission Test) Legal-Aptitude): Questions 21 - 23 of 82

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Passage

Rule A: An owner of land has the right to use the land in any manner he or she desires. The owner of land also owns the space above and the depths below it.

Rule B: Rights above the land extend only to the point they are essential to any use or enjoyment of land.

Rule C: An owner cannot claim infringement of her property right if the space above his or her land is put to reasonable use by someone else at a height at which the owner would have no reasonable use of it and it does not affect the reasonable employment of his or her land.

Ramesh’s case: Ramesh owns an acre of land on the outskirts of Sullurpeta, Andhra Pradesh. The Government of India launches its satellites into space frequently from Sriharikota, near Sullurpeta. The Government of India does not deny that once the satellite launch has traveled the distance of almost 7000 kilometers it passes over Ramesh’s property. Ramesh files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 kilometers directly above it.

Question number: 21 (3 of 5 Based on Passage) Show Passage

» Tort

Appeared in Year: 2011

MCQ▾

Question

Applying only Rule B to Shazia’s case, you would decide in favor of:

Choices

Choice (4) Response

a.

Javed and Sandeep because hoisting a flag 75 feet above one’s roof is not essential to the use and enjoyment of the land.

b.

Shazia because she has the right to put her land to any use and the court cannot go into her intentions for hoisting a flag at 75 feet.

c.

Shazia because she has the absolute right to the space above her land.

d.

Javed and Sandeep because Shazia can easily hoist a flag below 70 feet.

Question number: 22 (4 of 5 Based on Passage) Show Passage

» Tort

Appeared in Year: 2011

MCQ▾

Question

Applying only Rule A to Ramesh’s case, as a judge you would decide:

Choices

Choice (4) Response

a.

That ownership of land does not mean that the owner’s right extends infinitely into space above the land.

b.

In favor of the Government of India because it would lead to the absurd result that Ramesh and most other property owners would have a claim against airline companies and other countries of the world whose satellites orbit the earth.

c.

In favor of Ramesh because he has the right to infinite space above the land he owns.

d.

In favor of the Government of India because the transgression was at a height at which Ramesh could not possibly have any use for.

Question number: 23 (5 of 5 Based on Passage) Show Passage

» Tort

Appeared in Year: 2011

MCQ▾

Question

Applying Rule C to Shazia’s case, you would decide:

Choices

Choice (4) Response

a.

Against her because the hoarding is a reasonable use of the space above her land.

b.

Against her because a 75 feet high flag is not reasonable.

c.

In her favor because hoisting a 75 feet high flag is reasonable.

d.

In her favor because the permanent shadow cast by the hoarding affects the reasonable enjoyment of her land.

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