Students must start practicing the questions from CBSE Sample Papers for Class 12 Legal Studies with Solutions Set 7 are designed as per the revised syllabus.
CBSE Sample Papers for Class 12 Legal Studies Set 7 with Solutions.
Time Allowed: 3 Hours
Maximum Marks: 80
General Instructions:
- This question paper contains 4 sections- A, B, C, and D
(a) Section A- Multiple choice questions
(b) Section B- 2 marks
(c) Section C- 3 marks
(d) Section D- 5 marks - Internal choice is given in the paper, there is no overall choice.
Section – A (20 Marks)
Question 1.
Saraswati University was created under the mandate of a Central Legislation which specified that the university should open a bank account with the Karamchari Bank. This is an [1].
(a) Administrative legislative action.
(b) Administrative judicial action.
(c) Simply administrative action.
(d) Purely administrative action.
Answer:
(a) Administrative legislative action.
Question 2.
An armed thief entered Aviral’s house. To save himself and his belongings, Aviral pushed the thief which resulted in head injuries to the thief. Is Aviral’s act justified under criminal law? [1].
(a) Yes, causing injury under self-defense is not a crime.
(b) No, causing hurt intentionally is a crime.
(c) Yes, because the injury was not serious.
(d) No, he should have called the police.
Answer:
(a) Yes, causing injury under self-defense is not a crime.
Question 3.
Romika International Ltd. And Northstar Pvt. Ltd. have a dispute over a production process that involved intricate trade secrets. Suggest the most suited ADR that can protect the trade secret while resolving the dispute. [1].
(a) Arbitration.
(b) Mediation.
(c) Conciliation.
(d) Lok Adalat.
Answer:
(a) Arbitration.
Question 4.
The driver of a bus owned by the State Road Transport Authority asked Rajni, a passenger, to deboard the bus in a deserted place where no other means of transport was available. She alleged that her fundamental right was violated by the driver’s conduct. Can action be taken against the State Road Transport Authority? [1].
(a) Yes, because Rajni was dropped at a deserted place.
(b) Yes, because the State Road Transport Authority states according to article 12.
(c) Yes, Fundamental Rights can be enforced against private entities.
(d) Yes, because she was not given a fair hearing.
Answer:
(b) Yes, because the State Road Transport Authority states according to article 12.
Question 5.
Simran is 22 years old and has completed her LLB degree from a recognized Indian University. She wants to obtain a license to start her practice. Identify the additional requirement she needs to fulfill. [1].
(a) She must have an LLM degree.
(b) She must get herself registered with BCI.
(c) She must have completed her internship under a senior advocate.
(d) She must clear the All India Bar Exam.
Answer:
(d) She must clear the All India Bar Exam
Question 6.
Sequentially arrange the events in accordance with the Three Judges Case in matters of appointment of judges. [1].
(i) Executive has primacy in the appointment of judges.
(ii) Chief Justice of India has primacy in matters of appointment of judges.
(iii) Collegium system is an integrated participatory consultative process.
(iv) 1 4th Law Commission Report.
(a) (i) (ii) (iii) (iv) .
(b) (iv) (i) (ii) (iii).
(c) (i) (iii) (ii) (iv) .
(d) (iv) (iii) (ii) (i).
Answer:
(b) (iv) (i) (ii) (iii).
Question 7.
With regard to FLC, point the odd one out. [1].
(a) New York.
(b) New Jersey.
(d) Florida.
(c) California.
Answer:
(c) Foreign Lawyers may also take up work as Foreign Legal Consultants (FLC). FLCs are recognized in Alabama, Arizona, Connecticut, the District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Michigan, Minnesota, Missouri, New Jersey, New York, Ohio, Oregon, Texas, and Washington. California does not allow FLCs.
Question 8.
Phulmaniya travels from Ranchi to Kolkata to work as a domestic help. On landing in Kolkata, she was subjected to forced surrogacy. Which fundamental right of Phulmaniya has been violated? [1].
(a) Right to Equality.
(b) Right against Exploitation.
(c) Right to Life and Personal Liberty.
(d) Right to Freedom.
Answer:
(c) Right to Life and Personal Liberty
Question 9.
There were three processes whereby the developing civilization progressively moved towards social engineering through free legal aid. Point the odd one out. [1].
(a) To grant aid to vulnerable communities
(b) To encourage leaders to provide free legal aid
(c) To put restrictions upon the exercise of privileges accorded by law to those well-off
(d) To strip those fortunate of their privileges and place the strong and weak on an equal footing before the law
Answer:
(b) Social engineering developed through the three processes mentioned in the options. However, encouraging pleaders to provide free legal aid will not be one of them.
Question 10.
Match the following. [1].
| Column I | Column II | |
| A. | NLSA Patron-in-Chief | (i) Supreme Court judge |
| B. | SCLC Chairman | (ii) District Judge |
| C. | High Court Legal Services Committee Chairman | (iii) CJI |
| D. | DLSA Chairman | (iv) Sitting judge of the High Court |
Codes
| A | B | C | D | |
| (a) | (i) | (ii) | (iii) | (iv) |
| (b) | (iii) | (i) | (iv) | (ii) |
| (c) | (iii) | (ii) | (i) | (iv) |
| (d) | (ii) | (iii) | (iv) | (i) |
Answer:
(b) (iii) (i) (iv) (ii)
Question 11.
Assertion (A) The ICC has limited jurisdiction over the ICJ with regard to certain issues pertaining to criminal matters listed under the Rome Statute. Reason (A) The divide is similar to the divide between civil and criminal courts in the domestic context; however, the jurisdiction
of the ICC is more restricted than that of ordinary criminal courts.[1].
Alternatives
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A).
(b) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A).
(c) Assertion (A) is true, but Reason (R) is false.
(d) Assertion (A) is false, but Reason (R) is true.
Answer:
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A).
Question 12.
Assertion (A) The International Criminal Court (ICC) is a tribunal set up through the Rome Statute in 2002 with the purpose of prosecuting criminals for 4 major crimes. Reason (R) ICC may also give advisory opinions under Articles 65-68 of the Statute of the ICJ to countries. [1].
Alternatives.
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A)
(b) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A)
(c) Assertion (A) is true, but Reason (R) is false
(d) Assertion (A) is false, but Reason (R) is true
Answer:
(c) ICC was set up, up, up, especially for the purpose of prosecuting criminals for 4 major crimes which are genocide, crimes against humanity, war crimes, and crimes of aggression. However, it does not have advisory power. This power vests with the ICJ.
Question 13.
Statement I The basic understanding of negligence is that the wrong-doer or the defendant has been careless in a way that harms the interest of the victim or the claimant. Statement II When the defendant carries out an act of constructing something on her premises, she owes a duty of care towards the claimant and the standard of duty of care depends on whether the claimant was on the site or in the neighborhood as well as whether the claimant was a lawful visitor or a trespasser.[1].
Alternatives
(a) Both statements are true
(b) Both statements are false
(c) Statement I is true and Statement II is false
(d) Statement I is false and Statement II is true
Answer:
(a) Both statements are true.
Question 14.
Statement I A person of 62 years has been appointed to fill a public office whereas the retirement age is 60 years. He has the writ of quo warranto as an immediate remedy in High Court. Statement II Mr. Mehta, an activist lawyer, wrote a letter to a Supreme Court judge drawing his attention towards the need for political reforms having general elections around the corner where he insisted on a condition on the disclosure of the assets by the candidates. PIL allows him to move to the Court. [1].
Alternatives
(a) Both statements are true
(b) Both statements are false
(c) Statement I is true and Statement II is false
(d) Statement I is false and Statement II II is true
Answer:
(a) Both statements are true.
Question 15.
The Central Government legislates on a matter listed under the State List given in the Seventh Schedule of the Indian Constitution. The Supreme Court determines that such action is incompatible with the constitution and is [1].
(a) Valid.
(b) Invalid.
(c) Voidable.
(d) Justiciable.
Answer:
(b) Invalid.
Directions Read the passage given below and answer questions 16 to 20 A wants to buy B’s house which is worth ₹ 25,00,000. He approaches B and requests him to deliver the house to him for ₹ 25,00,000. B, however, insists that he is not interested in cash consideration from A. Instead, he wants A’s brand new BMW which he had purchased a week ago. A agrees.
Question 16.
What would this transfer be called? [1].
(a) Sale
(b) Exchange
(c) Lease
(d) None of these
Answer:
(b) Exchange.
Question 17.
If B would have agreed to the cash consideration for the house, would your answer be different? [1].
(a) Yes.
(b) No.
(c) Maybe.
(d) None of these.
Answer:
(a) Yes.
Question18.
If the property is given voluntarily, it is called, while if it is given for a price, it is called ________ [1].
(a) gift, sale.
(b) sale, gift.
(c) exchange, lease.
(d) gift, exchange.
Answer:
(a) Gift, sale.
Question 19.
In a similar context, consider the following facts A theatre was sub-leased, and the sub-lessee was prevented from using the theatre by the original lessor on the ground that a notice was served on the lessee for determining the lease. The sub-lessee had to pay an additional amount to the proprietor (the original lessor) and then take the lease. It was held that there is a violation on the part of the original lessor and the sub-lessee can sue the original lessor for damages for violation of quiet enjoyment of the property. Which of the following cases had discussed this? [1].
(a) Gajadhar v. Rombhaee
(b) Harvey v. Facey
(c) Jones v. Badminton
(d) Both (a) and (b)
Answer:
(a) Gajadhar v. Rombhaee.
Question 20.
In a similar context, consider the following facts A sells his garden as well as his house through one instrument to B. Whereas, B wants to retain only the rouse and wants to cancel the transfer regarding the garden. Which of the following is correct? f” [1].
(a) B can retain the garden without wanting the house.
(b) B can retain the garden if he wants the house.
(c) B has the right to choose and A cannot stop him.
(d) None of the above.
Answer:
(b) B can retain the garden if he wants the house.
Section-B (16 Marks)
Question 21.
Mr. Pratinav is a senior advocate practicing in Delhi. He had to file a Special Leave Petition (SLP) against an order of the Rajasthan High Court. He cannot do the filing at his own behest directly before the Hon’ble Supreme Court.
(i) Who is a senior advocate?
(ii) Why could Mr. Pratinav not file the SLP directly? [2].
Answer:
(i) A Senior Advocate is an advocate who has been officially designated as such by either the Supreme Court or the High Court.
(ii) Mr. Pratinav cannot file the SLP, directly appear in the Court without another advocate or advocate-on-record, and cannot directly accept an engagement to appear in a case or draft pleadings. Mr. Pratinav can argue cases in court upon instructions from another advocate.
Question 22.
Mini and Jolly are neighbors and have a dispute over the wall that divides their property. They decide to undergo a mediation session, where the mediator listens to Mini and Jolly and discusses their issues. The mediator then decides on a solution for Mini and Jolly and tells them that they must adhere to it as it is legally binding.
Identify two errors in the mediation process experienced by Mini and Jolly and explain how these mistakes can be corrected. [2].
Answer:
Mediation is a method of ADR in which the parties appoint a neutral third party who facilitates the mediation process in order to assist the parties in achieving an acceptable, voluntary agreement. In the given case, there were two mistakes
(i) The mediator cannot decide on a solution for the parties he has done in this case.
(ii) The outcome cannot be binding on the parties.
Question 23.
Maniram owned a mango grove. In 2014, he sold the mangoes from his grove. Later, in 201 8, he sold the wood of the trees as timber. Citing the relevant case law, identify the nature of the property. [2].
(i) 2014
(ii) 2018
Or
Ram and Shyam were brothers who had disputes over an ancestral house that belonged to the family. Ram filed suit in court to determine the title of the ancestral house. While the suit is pending, Shyam initiates the sale of this house in favor of Kapil. Is Shyam’s action justified by law? Give reasons for your answers.
Answer:
The relevant case law applicable here is Shantabai v. State of Bombay.
(i) In 2014, the intention was to reap mangoes from the mango grove, so the mango grove is regarded as an immovable property.
(ii) In 2018, the intention was to cut down the wood of the tree and use it as timber. It would be regarded as movable property.
Or
Shyam is barred by the doctrine of lis pendens. It states that when a suit or litigation is pending on an immovable property, then that immovable property cannot be transferred. Therefore, Shyam cannot initiate the sale of the said property in favor of Kapil.
Question 24.
With respect to UDHR, answer the following. [2].
(i) When was the Universal Declaration of Human Rights adopted?
(ii) What are its objectives?
Or
What are the restrictions that can be imposed on the freedom to practice any trade?
Answer:
(i) In 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR) as “a common standard of achievement for all peoples and nations.”
(ii) The Universal Declaration of Human Rights provides and defines the various kinds of human rights that are applicable to all human beings.
Or
The restrictions that can be imposed on the freedom to practice any trade are
(i) Interests of the general public; or
(ii) The State prescribed professional or technical qualifications; or
(iii) State-run trade, business, industry, or service, that excludes the participation of citizens or
(iv) Others either completely or partially.
Question 25.
A convention was held by an international body that created a treaty that avoided the choice of law issues in relation to contractual disputes. [2].
(i) Identify the law.
(ii) Define this law
Answer:
(i) Private International Law
(ii) Private International Law describes the body of law surrounding which law governs when there is a conflict between citizens of different countries.
Question 26.
With respect to the legal profession in India, answer the following. [2].
(i) State any four functions of the Bar Council.
(ii) What are the restrictions on advertising by lawyers in India?
Answer:
(i) Some of the functions of the Bar Council of India are
(a) To lay down standards of professional conduct and etiquette for advocates.
(b) To lay down a procedure to be followed by its disciplinary committee and the disciplinary committees of each State Bar Council.
(c) To safeguard the rights, privileges, and interests of advocates.
(d) To promote and support law reforms.
(ii) The right of advocates to advertise the services or solicit clients has been a controversial issue in the field of legal ethics, and professionalism.
In India, advertising by lawyers has been strictly restricted by the Bar Council of India. An advocate is prohibited from promoting himself through circulars, advertisements, touts, personal communications, interviews other than through personal relations/furnishing or inspiring, newspaper comments, or producing his photographs to be published in connection with; cases in which he has been engaged or concerned. An amendment to this rule allows advocates to furnish certain information on their websites after intimating and taking approval’ from the Bar Council of India.
Question 27.
In the light of Maneka Gandhi v. Union of India, explain the need for legal representation as an element of fairness in an adversarial system.
[2].
Answer:
The adversarial system or the adversary system is a sound system used in the current law countries wherever two advocates describe their parties’ case or position before an impartial person or group of characters, usually, a judge or jury, who then try to discover the truth and pass judgment respectively.
Question 28.
Mr. Kapur runs a chemical fertilizer company. One day, he received a notice revoking his license to run the fertilizer factory He was aggrieved that he did not get a chance to represent his case, and the inspector who revoked the license stated that an opportunity to represent his case could not be given as it was a policy decision to shut down all the chemical fertilizer factories in different phases. In light of the landmark case on ‘Audi Alteram Partem’, identify the principle established by the court. [2].
Answer:
The principle established by the Court was the Principle of reasonableness. The courts have often used the principle of reasonableness in most cases that involve state action. The realm of contract law offers an example.
Whenever states are parties to any contract, the courts attempt to distinguish such contracts from the contracts entered between private individuals or parties. In that, private contracts concern personal interest; state contracts concern public good and public interest and are expected to act reasonably and not with freedom of discretion.
Section -C (24 Marks)
Question 29.
Vaibhav, without taking permission from his friend Raj, took his golf kit. While playing golf, he damaged the golf kit in such a way that it became useless. [3].
(i) Identify the tort.
(ii) Explain the above tort.
(iii) What is the remedy available in such type of cases?
Answer:
(i) The tort, in this case, is the tort of conversion.
(ii) Conversion occurs when the defendant intentionally uses or intermeddles with the chattel of the claimant in such a serious way that it becomes fair to ask for compensation or monetary payment for the total prior value of the chattel.
(iii) The remedy available in conversion is forced sale.
Question 30.
In a Continental European Country, only the legislature has the power to create laws and rules. Here the judge is allowed to decide the presentation of specific forms of evidence and the role of a judge is an active one in a way that he is even allowed to take an active part in the investigation. [3].
(i) To which system of adjudication, does the judge belong?
(ii) State the type of jurisdiction followed in the country.
(iii) State any one advantage and anyone disadvantage of the system of adjudication identified above.
Answer:
(i) The judge belongs to the adversarial system of adjudication.
(ii) The country follows a civil law system of jurisdiction.
(iii) One main advantage of an adversarial system include
(a) The use of cross-examination can be an effective way to test the credibility (genuineness) of witnesses presented;
The disadvantage of an adversarial system is as follows
(a) The cost of the justice system falls upon the parties. This creates an in-built discrimination amongst the litigants. Parties with better resources are able to access justice by hiring competent lawyers and presenting sophisticated evidence which may not be immediately available for parties that lack these resources.
Question 31.
Which innovative Indian contribution to the global legal jurisprudence was conceptualized by Nyaya Panchayats? [3].
(i) Give the composition and jurisdiction of this body.
(ii) State any two benefits of this body.
Answer:
(i) The very concept of settlement of the dispute through mediation, negotiation, or through an arbitral process known as the decision of “Nyaya-Panchayat” is conceptualized and institutionalized in the philosophy of Lok Adalat. Composition It is presided over by a sitting or retired judicial officer such as the chairman, with usually two other members i.e. a lawyer and a social worker. Jurisdiction A Lok Adalat has jurisdiction to settle any matter pending before any court, as well as matters at the pre-litigation stage, i.e. disputes which have not yet been formally instituted in any Court of Law.
Such matters may be in the nature of civil or compoundable criminal disputes.
(ii) The benefits of Lok Adalat include (any two).
(a) There is no court fee and even if the case is already filed in the regular court, the fee paid will be refunded if the dispute is settled at the Lok Adalat.
(b) There is no strict application of the procedural laws and the disputing parties can directly interact with the judges.
(c) The decision of Lok Adalat is binding on the parties and its order is capable of execution through the legal process.
Question 32.
Examine the following situations and explain whether an action for violation of fundamental rights would be justified. [3].
(i) A textile mill employed a boy aged 12 years. A case was filed against the textile mill by an NGO.
(ii) Amar and his friends prevented the college union leader Sahil from giving a speech because they considered it provocative for others to commit violence. Sahil sued Amar and his friends for violation of his Fundamental Right.
Answer:
(i) Hiring any children less than the ‘age of 1 4 years’ for ‘any kind of work, other than in certain family-based work’, is a ‘cognizable offense’ and will attract a jail term of up to 2 years.
(ii) In India, this right is granted by Article 19(1)(a). However, this right of freedom to speech and expression is not completely unchecked. Article 19 (2) allows for reasonable restrictions to be imposed on all fundamental rights, including that of freedom of speech and expression.
Question 33.
Justify the relevance of the following constitutional provisions with respect to the enforceability of Fundamental Rights. [3].
(i) Article 13
(ii) Article 32
Answer:
(i) Article 1 3 elevates the authority of fundamental rights. It ensures that the State or other competent authority does not make laws including ordinances, orders, bye-laws, rules, regulations, notifications, customs, or usages that contradict or take away or breach fundamental rights.
(ii) Article 32 provides the right to the aggrieved ones, whose fundamental rights have been violated or denied, to petition the Supreme Court for the enforcement of fundamental rights.
Question 34.
“Ms. Hazra, the petitioner, secured a B.L. degree from Calcutta University. She was refused enrollment as a Pleader. She challenged this in the High Court of Patna.” What was the decision of the Patna High Court in the year 1922 regarding Ms. Hazra’s petition and how was a revolution brought about in the system? [3].
Answer:
In the Patna High Court case, Ms. Hazra, the petitioner, secured a BL degree from Calcutta University. She was refused enrollment as a Pleader. She challenged this in the High Court of Patna. The Court rules that the sections of the Legal Practitioner’s Act referred to males and not females. Since 1793, no woman had ever been admitted to the role of the pleader.
To remove doubts about the eligibility of women to be enrolled and to practice as legal practitioners, the Legal Practitioners (Women) Act, II I of 1923, was enacted to expressly provide that no woman would by reason only of her sex, be disqualified from being admitted or enrolled as a legal practitioner or from practicing as such.
Question 35.
What is meant by free legal aid? State the provisions of Article 39 A in the context of legal aid in India.
Or
“Neither is it possible, nor is it proper to isolate the right to legal aid from the range of human rights?” Explain. [3].
Answer:
Article 39A of the Constitution of India provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability.
Or
Access to justice itself is one of the most basic human rights, and without it, the realization of many other human rights may become difficult. Indeed, the right to access to justice or legal aid is evolved by judicial creativity for the benevolence of poor persons. The right to legal aid enables the accomplishment of these human rights and makes them worthwhile for the poor masses in the world. In the present legal system of most countries, justice is not given but sold.
The consumers of justice have to pay the remuneration of the council. Indeed, poverty is an obstacle in the way of getting justice and due to this reason, the poor become a sufferer of social injustice. Legal aid is only a way for providing social justice to all. Legal aid indeed is an integral part of human rights and it requires urgent considerations.
Question 36.
At the concluding session of an International Conference in 2019, the following observation was made “Mere economic and political
arrangements are not enough to ensure growth and stability in the world. By promoting culture, preserving heritage, and sharing knowledge, the world can become a global family where there is peace and understanding.” Identify the specialized agency of the UN that can best address this crisis and state its main functions. What is its primary objective? [3].
Answer:
United Nations Educational, Scientific and Cultural Organisation (UNESCO) aims to aid sustainable development and foster greater cooperation between nations. By promoting culture, preserving the heritage, and sharing knowledge and understanding that are beneficial for the whole of mankind, UNESCO aims to aid sustainable development and foster greater cooperation between nations.
Section-D (20 Marks)
Question 37.
Deepak purchased woolen innerwear of a renowned company. As soon as he wore it, rashes developed all over his body and he was diagnosed of having ‘acute dermatitis’. He had to undergo medication and a huge amount was spent on his treatment. Deepak wants to sue the company for compensation. [5].
(i) In order to successfully argue that the company was careless in a way that harmed Deepak, what are the elements that must be proved against the company?
(ii) Will the company be liable to pay any compensation in this situation when it is proved that it was not careless? Give a reason for your answer.
Answer:
(i) In the situation given above, the court orders laboratory testing of the innerwear to find out the reason for Deepak’s ailment. The laboratory report stated that
(a) The innerwear had traces of white petrol and naphtha but within a permissible limit required to protect the garments from being infested by moths.
(b) A normal person will not have any problem using it.
(c) It was concluded that Deepak’s skin was very sensitive.
(ii) Deepak needs to prove the following elements against the company in order to hold them liable
(a) Duty of Care Duty of care is owed to those whom one can reasonably foresee as being potentially harmed.
(b) Breach of Duty of Care The defendant was unsuccessful in fulfilling the duty of care in accordance with the standard of ‘reasonableness1.
(c) Harm to the Claimant As Deepak suffered from dermatitis, the company is liable. Here, the company is not liable. The company did not design garments for those with extra sensitive skin as it is not reasonably foreseeable.
Question 38.
Sumit and Samaira enter into an agreement where Sumit promised to pay ₹ 5,000 if India won against Australia in the cricket match and Samaira promised to pay t 5,000 if Australia won the match. Vinay entered into a contract with Vimal Ltd. for procuring 500 T- shirts @ ₹ 250 per T-shirt, having a photograph of the Indian Cricket team if India won the semi-final in the cricket world cup. Identify and differentiate between the above two types of agreements.[5].
Or
Explain the principle of absolute liability along with the relevant case law.
Answer:
The first agreement is a form of wagering agreement while the second agreement is a contingent contract. Wager It is a contract where one person promises to pay the other money on the happening of an uncertain future event and the other person also promises to pay on the unhappening of the event. A wager is an invalid contract.
In wager, there is always a reciprocal promise. Third parties do not have an interest in the wager. The wager is contingent in nature. Contingent Contract It is a contract to do something or not to do something on the happening or non-happening of an event, which is collateral to the contract. Contingent contracts cannot be enforced until an uncertain future event happens.
If the uncertain future event becomes impossible, contingent contracts become void Contingent contracts are valid. Third parties may have an interest in contingent contracts. Contingent contracts are never wagering
Or
Absolute Liability was introduced by the Supreme Court in the aftermath of the two instances of gas leaks from factories injuring many. The first case was about the infamous Bhopal gas leak disaster of 1984 and the second incident of 1985 in Delhi, due to leaked oleum gas.
The then Chief Justice of India P.N Bhagwati, in the famous 1987 case of MC Mehta v. Shri Ram Foods and Fertiliser Industries, held “We are of the view that an enterprise, which is engaged in a hazardous or inherently dangerous industry, which poses a potential threat to the health and safety of the persons working in the factory and residing in the surrounding areas owes an absolute and non-delegable duty to the community to ensure that no harm results to anyone on account of hazardous or inherently dangerous activity in which it is engaged.
such activity must be conducted with the highest standards of safety and if any harm is done on account of such activity, the enterprise must be absolutely liable to compensate for such harm and it should be no answer to the enterprise to say that it had taken all reasonable care and that the harm occurred without any negligence on its part.”
The principle of absolute liability has evolved from the principle of strict liability. Strict liability torts do not care about the intention or carelessness of the defendant when the defendant caused the injury. The claimant does not have to establish any sort of or level of blame attributable to the defendant based on the intention or the degree of carelessness. However, Strict liability is available in a very limited context.
Question 39.
This Article provides a human rights framework for the criminal justice system. Identifying this article, and explain its provisions.
Or
What features of fundamental rights give them a high pedestal in the constitutional framework? [5].
Answer:
Article 20 of the Indian Constitution provides human rights framework for the criminal justice system. It provides safeguards to persons who are accused of having committed crimes. The rights of persons accused of crimes are
(i) Article 20 provides that no person can be convicted for the commission or omission of an act that does not amount to an offense by any law in force at the time of such action.
(ii) It provides that any person who is convicted of a crime should not receive a penalty greater than what is provided in the law in force at the time of the act of offense.
(iii) It provides for another important right that “No person shall be prosecuted and punished for the same offense more than once.” This means that if someone commits an offense, that person should not be harassed and punished repetitively (more than once) for the same offense.
(iv) Further it states that “No person accused of any offense shall be compelled to be a witness against himself.” This provision safeguards the accused’s right against self-incrimination. An accused may give information based on their own knowledge if he or she chooses to, but cannot be forced to be a self-witness against himself or herself. Every accused has a right to a fair trial.
Or
Articles 12-35 in Part III of the Constitution contain the provisions on fundamental rights. Some of the salient features of fundamental rights that give them a high pedestal in the constitutional framework are
(i) They are enforceable by the higher courts in India which means that a person whose fundamental right has been violated can approach the Supreme Court or the High court for its redressal.
(ii) Article 32 provides the right to the aggrieved ones, whose fundamental rights have been violated or denied, to petition the Supreme Court for the enforcement of fundamental rights.
(iii) Article 13 elevates the authority of fundamental rights. It ensures that the State or other competent authority does not make laws including ordinances, orders, bye-laws, rules, regulations, notifications, customs, or usages that contradict or take away or breach fundamental rights.
(iv) Fundamental rights are mostly enforceable against the State and in some cases against private persons. An example of the former is the right to freedom of speech and expression; for the latter is the prohibition of employment of children below the age of fourteen years in factories, mines, and places of hazardous activities.
Question 40.
Deep Mohantyand Raghav Nair is a neighbor in an apartment complex. Large flowering pots kept on the balcony of Deep’s flat have caused seepage and weakened the ceiling above Raghav’s balcony. The latter demands that Deep remove the plants and a dispute ensue. Identify and explain the alternative dispute resolution mechanism that is best suited to the given situation. Also, explain its process. [5].
Or
Discuss any four kinds of mediation.
Answer:
The alternative Dispute Resolution (ADR) system refers to the use of non-adversarial techniques in the adjudication of legal disputes. The method best suited to this situation is mediation. Mediation is a method of ADR in which parties appoint a neutral third party. This neutral third party facilitates the mediation process in order to assist the parties in achieving an acceptable, voluntary agreement.
Mediation is premised (based) on the voluntary will of the parties and is a flexible and informal technique of dispute resolution. Process of Mediation The neutral third party facilitating the process of mediation is known as a mediator. Mediation does not follow a uniform set of rules, though mediators typically set forth rules that the mediation will observe at the outset of the process.
Successful mediation often reflects not only the parties’ willingness to participate but also the mediator’s skill. There is no uniform set of rules for mediators to become licensed, and rules vary by state regarding requirements for mediator certification.
Broadly speaking, mediation may be triggered in three ways
(i) Parties may agree to resolve their claims through a pre-agreed mediation agreement without initiating formal judicial proceedings (pre-litigation mediation).
(ii) Parties may agree to mediate, at the beginning of formal court proceedings (popularly known as court referrals).
(iii) Mediation may be taken recourse of. after formal court proceedings have started, or even post-trial, i.e. at the appellate stage.
Or
Four kinds of mediation are
(i) Evaluative Mediation is focused on providing the parties with an evaluation of their case and directing them toward settlement. During an evaluative mediation process, when the parties agree that the mediator should do so, the mediator will express a view on what might be a fair or reasonable settlement. The Evaluative mediator has somewhat of an advisory role in that she/he evaluates the strengths and weaknesses of each side’s argument and makes some predictions about what would happen if they go to court.
(ii) Facilitative Mediation Facilitative mediators typically do not evaluate a case or direct the parties to a particular settlement. Instead, the facilitative mediator facilitates the conversation. These mediators act as guardians of the process, not the content or the outcome. During a facilitative mediation session, the parties in dispute control both- what will be discussed and how their issues will be resolved. Unlike the transformative mediator, the facilitative mediator is focused on helping the parties find a resolution to their dispute. The facilitative mediator further provides a structure and agenda for the discussion.
(iii) Transformative Mediation practice is focused on supporting empowerment and recognition shifts, by allowing and encouraging deliberation, decision-making, and perspective-taking. Competent transformative mediator practices with a micro-focus on communication, identifying opportunities for empowerment and recognition as those opportunities appear in the parties’ own
conversations, and responding in ways that provide an opening for parties to choose what, if anything, to do with them.
(iv) Mediation with Arbitration Mediation has sometimes been utilized to good effect when coupled with the arbitration, particularly binding arbitration, in a process called ‘mediation/ arbitration’. The process begins as a standard mediation, but if mediation fails, the mediator becomes an arbiter.