CLAT CLAT Solved Paper-2013

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    Directions This section consists of fifty (50) questions. Each question consists of legal propositions principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
    Principle An agreement may be oral or written. However, if a law specifically requires that an agreement must be in writing, then the agreement must be in writing. A law specifically requires that the agreements relating to transfer of the copyright in novel between an author of a novel and the producer of a motion picture must be in writing. Facts The author of a novel, Love at Lost Sight, had several rounds of discussion with a producer of motion picture regarding making of a motion picture based on Love at Lost Sight. During the last discussion, they decided to make a motion picture on Love at Lost Sight. The producer made a motion picture on Love at Lost Sight after making a payment of Rs 1000000 (ten Lakh only) in cash to the author, who happily accepted this amount as full and final payment. Later on, on the advice of his lawyer, the author brought a case in a court of law against the producer on the ground that there is no written agreement between the producer and him.

    A)  The author is likely to succeed in the case as the agreement is not in accordance with the law                            

    B)  The author cannot succeed in the case as he has given his consent to the agreement                                   

    C)  The author is not likely to succeed in the case because he has already accepted the amount of Rs 1000000 as full and final payment

    D)  The author can succeed in the case as the consideration is not adequate                                              

    Correct Answer: A

    Solution :

    Ans.  It is clearly mentioned in the principle, that the agreements relating to transfer of the copyright in novel. between an author of s a novel and the producer of a motion picture must be in writing. In this case though author accepted Rs 10 lakh, but the agreement was not in writing according to the provisions of law, which is mandatory in case of transfer of copyright in novel.


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