SANKET SHIVANSH SRIVASTAVA

LEGAL REASONING

Directions for questions: Each set of questions in this section is based on the reasoning and arguments, or
facts and principles set out in the preceding passage. Some of these principles may not be true in the real or legal
sense, yet you must conclusively assume that they are true for the purposes of this Section. Please answer each
question on the basis of what is stated or implied in the corresponding passage. Do not rely on any principle of law
other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering
the questions. In some instances, more than one option may be the answer to the question; in such a case, choose the
best of all.

In the law of torts, there is a duty on every person do acts with reasonable care in order to avoid
any harm which may occur due to their failure of taking such care. A person is made liable to
every harm which is foreseeable by a reasonable person. The person is liable for any harm
resulting from the lack of it. For e.g., If a person is driving his car, he has a duty to drive the car
safely and within speed limits so that no accident occurs which harms any other person.
When a person gives his consent to doing of an act which leads to him getting injured, then even
if an injury is caused by the other person, he cannot claim any damages from that person because
the act was one for which he voluntarily consented. The consent of the plaintiff acts as a defence
and this defence is called volenti non fit injuria which means to a willing person no injury
happens.
For the application of the defence of volenti non fit injuria there are some essential elements or
conditions which should be present in a case and only when they are fulfilled, this defence can be
taken to prevent liability.
There are two essential elements in this defence:
1. The plaintiff has the knowledge of the risk.
2. The plaintiff with the knowledge of risk has voluntarily agreed to suffer the harm.
Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by
an act and when he still accepts to do that act and therefore agrees to suffer the injury, a
defendant is relieved of his liability.
But only having knowledge about the risk is not enough for the application of this defence, It is
known as Scienti non fit injuria, which means that mere knowledge does not mean consent to the
risk. Thus, having knowledge is only a partial fulfilment of the conditions for the application of
volenti non fit injuria.
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1) Soha and her friends decided to play cricket in the backyard of the house since the playground
was occupied by some politician for the purpose of rally. If the duty of care is not limited by
foreseebility, which of the following Soha can be held for?
a) The ball hit by Soha hits the car of Ramesh leaving a crack on the mirror.

b) The ball hit by her hits Mrs.Malhotra which leads to fracture in her hand.

c) The ball hit by her crashes into a bike leading to an accident.

d) All of the above.

2) Ms. Kashyap builds her villa near a banquet hall, the hall is used for the purpose of celebrating
birthdays, marriages etc. which leads to reasonable noise and disturbance,due to which
Ms.Kashyap is not able to enjoy her evening music. Which of the following is/are true.

a) The families organizing the fuctions in hall are breaching the duty of care and are liable for
injury caused to Ms.Kashyap.

b) The people coming to banquet hall have a duty not to make noise and ensure that Ms.Kashyap
is not disturbed.

c) Ms.Kashyap cannot claim damages because of volenti non fit injuria.

d) No injury is caused to Ms.Kashyap.

3) Mr. John is the neighbour of Dr.Andrew Laedis , who creates anti venom, Mr.John was
interested in seeing the process so he took the permission of Dr.Laedis and went inside the lab.
In course of time one of the snakes somehow managed to escape out of a box and bit Mr.John

a) John can claim damage because the duty of care was breached by Laedies.

b) John can claim damage because he had the knowlede but he did not consent to the harm.

c) John cannot claim damage because he knew about the harm that may be inflicted on him

d) Both a and b
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READ THE PASSAGE AND CHOOSE THE OPTION WHICH IS ACCURATE.

The amendment to the Prevention Of Child Sex Offences (POCSO) Act was made at the behest
of Women and Child Development Minister Maneka Gandhi, who said she believed this would
deter sexual crimes against children.

The new amendments will enable a court to hand out a death penalty to someone convicted of
raping a child under 12, even if it does not result in death.

Despite these changes to the law, however, India is a country that is reluctant to carry out the
death penalty. It is currently prescribed only for the “rarest of rare” cases – the interpretation of
which is left to the court. The country’s last execution was on 30 July 2015.

Although welcomed by many, the new amendment has also been criticised by a number of
activists who have questioned whether the death penalty is really an effective deterrent.

This is a question that has been debated around the world – does toughening the sentence
actually reduce crimes? Some evidence from neighbouring countries would suggest otherwise.

Experts say that a major argument against imposing the death penalty for rape is that it actually
deters the system from handing out convictions.

The slow pace of the justice system has also been cited as an issue.

Long-drawn-out trials in India often mean that victims have to wait for years before they can get
justice. And in cases where the death penalty has been handed out, those convicted have many
chances to appeal against their sentence.

The men convicted in India’s most high-profile rape case in recent years – of a medical student
who died of her injuries after being raped in December 2012 – are still appealing against the
death penalties handed out by a “fast-track” trial court that in September 2013.

Robust laws would, in fact, have a very limited impact in reducing the crime unless they are
accompanied by a change in the attitudes of the police, judiciary, government officers and
society.

4) The above passage indicates that the death penalty has been introduced for-
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(a)  All cases of rape.

(b) All cases of rape of only male child, aged below 12 years, resulting in the death of a child.

(c) All cases of rape of only female child, aged below 12 years, resulting in the death of a child.

(d) None of the above.

5) According to the author

(a) Laws cannot be effective unless they have been drafted well.

(b) Laws cannot be effective unless they are implemented well.

(c) Laws cannot be effective unless they are applied throughout the nation.

(d) None of the above.

6 )According to the author, the introduction of the death penalty is likely to

(a) prolong criminal trials as a collection of evidence for prosecution will take longer.

(b) prolong criminal trials as convicts shall have recourse to appeal at multiple levels against the
imposition of the death sentence.

(c) shorten criminal trials as courts will be eager to quickly impose the death penalty.

(d) None of the above.

READ THE PASSAGE AND CHOOSE THE OPTION WHICH IS ACCURATE.

Restrictions imposed on theinput tax credit, used by business establishments to reduce their tax li
ability, on inward supplies under the Central Goods and Services
Tax Act have been challenged in the Rajasthan High Court with the plea that the
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amendment made to a rule to introduce the provision had imposed “unreasonable

The amended Rule 36 (4),of the CGST Rules, 2017, provides that the input tax credit can be avai
led only when a supplier of goods updates and uploads online the details of supplies through
each of the bills.

7) M/S Ravi Infrabuild contends that the restrictions had been put on the basis of

a) The contention of M/S Ravi is logical and the buyer has to chase the supplier to upload the the
details of suplply.

b) The contention of M/S Ravi is wrong as it is a amendment made by the central government
and it cannot be challenged.

c) The contention of M/S Ravi is right as any negligence on the part of the supplier in uploading
the details will lead to loss of the buyer.

d) Both A and C

8) Mr. Kothari files a writ petition in the S.C contending that the amendment is violative of
Article 14 and it should be held unconstitutional. Choose the best available option.

a) The writ is maintainable in the SC under article 32

b) A writ cannot be filled against an amendment made by the central government.

c) The SC can term the whole amendment or part of it unconstitutional by using the provision of
article 13

d) Both A and C

Terming it an “unwarrantedminterference in privacy” ofmpeople and a violation of Article 21.
The Allahabad High Court directed the Lucknow administration to remove forthwith the controv
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ersial ‘name and shame’..hoardings identifying persons arrested during protests last December ag
ainst the Citizenship (Amendment) Act. The State police and the administration had put up
several hoardings in Lucknow revealing personal details of persons accused of
violence during the anti CAA protests, triggering fears among those named.

9) Is the contention of H.C regarding the violation of fundamental right is correct, if yes then
which of the following provisions of the constitution is violated

a) Article 21

b) Article 19

c) Article 14

d) The contention of High Court is wrong.

10) Mr. Zodang Head of Police Department in UP challenges the decision of HC on the basis
that no one filled a complaint against the “Name and Shame” hoarding and without any
complaint the HC has passed an order.

a) Mr. Zodang will win the case as the court cannot pass an order on a matter on which a
complaint is not filled

b) The court has power to take sou motu cognizance and hence Mr. Zodang will lose the case.

c) Sou motu cognizance is an example of excessive use of judicial activism and hence the SC
will nullify the order passed by the HC

d) None of The Above