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Consider the following statements with regard to the consequences of breach of contract.<br>1. In case of breach of contract, the party who suffers is entitled to receive compensation for any loss or damage caused to him thereby, which the parties knew, when they made the contract, to be likely to result from the breach of it.<br>2. Such compensation is to be given for any remote and indirect loss or damage sustained by reason of the breach.<br>Which of the statements given above is/are correct?
A
1 only
B
2 only
C
Both 1 and 2
D
Neither 1 nor 2
Correct Answer:
1 only
In case of breach of contract, the party who suffers by such breach is not entitled to receive, from the party causing such breach, which of the following compensations for any loss or damage caused to him thereby:
A
That arose naturally in the usual course of the things from such breach
B
That the parties knew when they made the contract, to be likely to result from the breach of it
C
That were too remote and indirect
D
All of the above
Principle: A plaintiff who suffers some injury will be entitled to receive compensation even if he suffers no loss.
Factual Situation: Reddy was a strong political worker of Party X. He was proceeding to the poling booth at about 7:30 am, to cast his vote in favour of Mr. Naik, his party candidate. On the way, the State Police officials suspected Reddy to be an anti-social element and took him into custody for questioning. Reddy pleaded with the officials that he was a genuine voter and had no previous criminal records and requested them to allow him to cast his vote. The officials allegedly detained him in custody till about 4:45 pm and thereafter released him, recording that they could not find any thing against him. By the time Reddy reached the poling booth the polling time was over and he could not vote for Mr. Naik. When the results were declared Mr. Naik got a Majority of over 6000 votes and Party X got the majority to form the Government. Reddy files a suit for compensation against the State.
A
Reddy will succeed as the police could not prove anything against him
B
Reddy will succeed as his right to vote was denied by the police
C
Reddy will not succeed as his candidate won the election and therefore there is no cause of action against the police
D
Reddy will not succeed as the police can arrest a suspected criminal
Consider the following objectives of the law relating to damages:
1. Enrich the party who has sustained loss by breach of contract.
2. Punish the party who has committed the breach of contract.
3. Put the party, who sustained the loss, in the same position as if the contract has been performed.
Which of the statements given below is/are correct?
A
1, 2 and 3
B
2 and 3
C
3 only
D
1 and 2
Read Assertion (A) and Reason (R) and answer using given below:
Assertion (A): Compensation is recoverable for any loss or damage which the parties knew at the time of the contract as unlikely to result from the breach of the contract.
Reason (R): Because above rule is laid down in Hadley v. Baxendale case.
A
Both (A) and (R) are correct and (R) is correct reason for (A)
B
Both (A) and (R) are wrong
C
(A) is right, but (R) is wrong
D
(R) is right, but (A) is wrong
Consider the following statements:
(1) In case of breach of contract generally damages are awarded.
(2) In case of breach of contract, remedy of specific performance of contract is always given.
(3) In case of breach of contract, fine is also imposed along with the award of damages.
(4) In exceptional cases where damages are not adequate compensation, remedy of specific performance can be given.
Which of the statements given above are correct?
A
(1) and (3)
B
(3) and (4)
C
(1) and (4)
D
(2) and (4)
Consider the following :
1. The perpetual struggle of Ins and Outs for political power turns the legislature into a battlefield and in this struggle the interests of the country are forgotten.
2. Parties encourage hollowness and insincerity. They divide not only the legislature but the nation into hostile camps. During national emergencies, parties can hardly transcend their petty differences and present a united front.
3. Parties often over-reach themselves and indulge in unwholesome and immoral activities live bribing the legislators
4. Parties tend to become antonomous and to regard organisations as important for their own sake. Principles are thus subordinated to success at polls and issues are not considered on merit.
Which of the above statements make a valid criticism of political parties?
Select the correct answer from the following:
A
1 and 2
B
1, 2 and 3
C
1, 2 and 4
D
1, 2, 3 and 4
Read the passage carefully and select the best answer to each question out of the given four alternatives.
Public opinion may be passive and false or active and real. It is claimed in theory that all governments are ultimately based on the opinion or sanction of the governed. But we find that in practice the people's rights are often trodden down and tyranny and oppression are allowed to continue. The government does it not because the people want it to do so but because they are too idle, too uneducated and too disunited or timid to oppose the govern ment. Such public opinion is passive and false and not an active verdict. But when we find people alert, intelligent and determined to let the government know their will, when they want to exercise actively their voice in the management of their country, we have an instance of true or active public opinion. True public opinion is formed by and expressed through the press, the platform, political parties and educational institutions. These have sacred duties to perform, duties on which depends the ultimate good of the entire community. The press today wields a tremendous influence, So it should support the causes and move ments and condemn the wrong one's and thus teach people to form correct opinion. A free and fair press ventilates the grievances of the public. Thus a healthy relationship develops between the people and the government through out an unbiased press. Political parties also help to create and regulate opinions. No less important part is played by the educational Institutions which train the minds of the young people who will be the citizens of tomorrow. It has been said that modern Germany and China have been made by their universities. It is necessary that the young and the growing minds should imbibe the spirit of fellow-feeling, the spirit of tolerance, the habit of compromise, and show due regard for the feelings and opinion of others without which a democratic society cannot function, let alone succeed. When there is true awakening of the people, we shall have the real and conscious public opinion. And justice will reign on earth and truly will the voice of the people be the voice of God.
Which of the following is not the reason for the oppression caused to general public by the running government in the country?
A
People want themselves such kind of atrocities to be done to them
B
People are uneducated
C
People are disunited
D
People are timid to oppose the government
Read the following passage carefully and choose the most appropriate answer to the question out of the four alternatives.
True, It is the function of the army to maintain law and order in abnormal times. But in normal times there is another force that compels citizens to obey the laws and to act with due regard to the rights of others. The force also protects the lives and the properties of law abiding men. Laws are made to secure the personal safety of its subjects and to prevent murder and crimes of violence. They are made to secure the property of the citizens against theft and damage to protect the rights of communities and castes to carry out their customs and ceremonies, so long as they do not conflict with the rights of others. Now the good citizen, of his own free will obey these laws and he takes care that everything he does is done with due regard to the rights and well-being of others. But the bad citizen is only restrained from breaking these laws by fear of the consequence of his actions. And the necessary steps to compel the bad citizen to act as a good citizen are taken by this force. The supreme control of law and order in a State is in the hands of a Minister who is responsible to the State Assembly and acts through the Inspector General of Police.
"They are made to secure the property of citizens against theft and damage" means that the law:
A
Helps in recoverring the stolen property of the citizens.
B
Assists citizens whose property has been stolen or destroyed.
C
Initiate process against offenders of law.
D
Safeguards peoples possessions against being stolen or lost.
When a contract has been broken, the party who suffers by such breach, is entitled to receive from the party, who has broken the contract:
A
Liquidated damages
B
Compensatory damages
C
Penal damages
D
None of these
Read the passage carefully and select the best answer to each question out of the given four alternatives.
Public opinion may be passive and false or active and real. It is claimed in theory that all governments are ultimately based on the opinion or sanction of the governed. But we find that in practice the people's rights are often trodden down and tyranny and oppression are allowed to continue. The government does it not because the people want it to do so but because they are too idle, too uneducated and too disunited or timid to oppose the govern ment. Such public opinion is passive and false and not an active verdict. But when we find people alert, intelligent and determined to let the government know their will, when they want to exercise actively their voice in the management of their country, we have an instance of true or active public opinion. True public opinion is formed by and expressed through the press, the platform, political parties and educational institutions. These have sacred duties to perform, duties on which depends the ultimate good of the entire community. The press today wields a tremendous influence, So it should support the causes and move ments and condemn the wrong one's and thus teach people to form correct opinion. A free and fair press ventilates the grievances of the public. Thus a healthy relationship develops between the people and the government through out an unbiased press. Political parties also help to create and regulate opinions. No less important part is played by the educational Institutions which train the minds of the young people who will be the citizens of tomorrow. It has been said that modern Germany and China have been made by their universities. It is necessary that the young and the growing minds should imbibe the spirit of fellow-feeling, the spirit of tolerance, the habit of compromise, and show due regard for the feelings and opinion of others without which a democratic society cannot function, let alone succeed. When there is true awakening of the people, we shall have the real and conscious public opinion. And justice will reign on earth and truly will the voice of the people be the voice of God.
According to the passage, which of the following is needed from the people to have true or active public opinion? 1. Alertness
2. Determination
3. Intelligence
4. Raising their voice
A
1, 2 and 3
B
Only 4
C
2 and 3
D
All of these