CLAT CLAT Solved Paper-2019

  • question_answer
    Each question consists of legal principle(s) (here-in-after referred to as 'principle') and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e. [a], [b], [c] or [d] is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein 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 ability in legal aptitude, study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason.
    Principle Damages the money recompense, as far as money can do, for the loss suffered by a person.
    Facts 'A', an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of 'A' was mentioned in the voter's list. 'A' has also reported at the polling booth in time. However, the candidate in whose favour 'A' would have cast his vote won the election. 'A' fled a suit claiming damages.

    A) 'A' will be entitled to damages

    B) 'A' will not be entitled to damages

    C) 'A' will be entitled to only nominal damages

    D) 'A' will be entitled to exemplary damages

    Correct Answer: B

    Solution :

    Sol.      [b] In this case, 'A' has not incurred any monetary losses. Therefore, as per the given principle 'A' is not entitled to receive any damages.


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