Law Entrance - Legal Reasoning & Aptitude

Substantive Law, Legal Principles & Maxims question bank (Constitutional Law, Torts & Criminal Jurisprudence)

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Q1.

CLAT Legal Reasoning (Principle-Fact): In 'Law of Torts: Negligence, Duty of Care, Volenti Non Fit Injuria and Strict/Absolute Liability':
Principle: Volenti non fit injuria — Harm suffered voluntarily does not constitute a legal injury.
Facts: A spectator attends a premier cricket match. A batsman hits a legitimate six into the stands, striking the spectator on the shoulder. The spectator sues the stadium management for negligence. Is the stadium management liable?

(A)

No, because the spectator voluntarily assumed the ordinary, known risks inherent in watching a live cricket match (Law of Torts: Negligence, Duty of Care, Volenti Non Fit Injuria and Strict/Absolute Liability)

(B)

Yes, because the stadium failed to install protective netting over every seat

(C)

Yes, the batsman and stadium are jointly liable for assault

(D)

No, because sports stadiums are granted sovereign immunity

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Q2.

Legal Maxims: What is the accurate translation and judicial significance of the Latin maxim 'Audi Alteram Partem' in 'Law of Torts: Negligence, Duty of Care, Volenti Non Fit Injuria and Strict/Absolute Liability'?

(A)

'Hear the other side' — No person shall be condemned unheard (Cornerstone of Natural Justice) (Law of Torts: Negligence, Duty of Care, Volenti Non Fit Injuria and Strict/Absolute Liability)

(B)

'The thing speaks for itself' (Rule of circumstantial evidence)

(C)

'An act does not make one guilty unless there is a guilty mind'

(D)

'To each his own according to legal entitlement'

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