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 Everyone shall be permitted to take advantage of his own wrong.
    Facts A legatee was heavily drunk and driving his car at a speed of 100 km/h in a crowded market. All of a sudden his testator came on the road. There were other people on the road at that time. The car driven by legatee hit the testator and four other persons. All the five persons hit by the car died.

    A) The legatee can take the benefit under the will

    B) The legatee cannot take the benefit under the will

    C) The legatee will be punished

    D) The property of the testator will go to his heirs

    Correct Answer: A

    Solution :

    Sol.      [a] The principle states that everyone is permitted to take advantage of his own wrongful act. In this case, the legatee (person who receives legacy) can take the benefit under the will made by testator (person who gives legacy or made a will).


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