Prelims · objective

AIBE 2012 (III) Question Paper with Answers

100 questions. The first 10 questions are free to attempt. All AIBE papers

1. Question 1 · Prelims

   Which if the following is least likely to be a consideration that the Court will normally weigh when considering an application for bail?

   1. (A) The character of the evidence presented.
   2. (B) What the police officers handling the case want.
   3. (C) Whether the accused will appear in Court, or leave the jurisdiction.
   4. (D) The nature and seriousness of the offence.

   Answer: (B) What the police officers handling the case want.

2. Question 2 · Prelims

   A enters into a contract to sell his house to his son B at a nominal price of Rupees Five lakhs, and B agrees to pay Rupees Ten thousand every month to A's daughter, C, for her lifetime. The contract contains an arbitration clause that in the event of any dispute between the parties with respect to the terms of the contract or its implementation, they will refer the matter to arbitration-Later, B stops paying C. C wishes to commence an arbitration proceeding, but B does not agree to arbitration. C files a suit seeking the Court's direction that arbitration proceedings commenced. In light of these facts be allow, which of the following statements is most accurate?

   1. (A) There was no 'separate' arbitration agreement between A and B, and therefore C's suit will be dismissed.
   2. (B) There was no arbitration agreement between B and C, and therefore C's suit will be dismissed.
   3. (C) B's agreement to pay Rupees Ten thousand every month to C was an ancillary matter and not the subject matter of the contract, and therefore C's suit will be dismissed.
   4. (D) Since arbitration is a voluntary method of alternate dispute resolution and B did not agree to arbitration, no arbitration proceedings can be ordered by the Court.

   Answer: (B) There was no arbitration agreement between B and C, and therefore C's suit will be dismissed.

3. Question 3 · Prelims

   Which of the following statements best describes the doctrine of privity as it is applicable to contract law?

   1. (A) A contract cannot usually confer rights or impose obligations under it to any person except the parties to such contract.
   2. (B) Terms of a contract cannot be revealed to any third party unless expressly provided for in the contract.
   3. (C) Terms of a contract cannot be revealed to a third party, unless both parties agree to do so.
   4. (D) As long as there is consideration for a promise, it is immaterial if a third party has provided it.

   Answer: (A) A contract cannot usually confer rights or impose obligations under it to any person except the parties to such contract.

4. Question 4 · Prelims

   A threatens to publish a defamatory article about B unless B gives him money. B gives him the money to protect his reputation. Which of the following statements is most accurate about A's liability?

   1. (A) A is guilty of extortion as A has put B in fear of injury to his reputation and induced B to give the money.
   2. (B) A is not guilty of extortion as money is not a property or valuable security.
   3. (C) A is not guilty of extortion as A only threatened to publish an article, which would not have caused any physical injury to B.
   4. (D) A is guilty of extortion as A has put B in fear of physical harm and induced B to give the money.

   Answer: (A) A is guilty of extortion as A has put B in fear of injury to his reputation and induced B to give the money.

5. Question 5 · Prelims

   Which of the following is not a form of punishment under the Indian Penal Code, 1860?

   1. (A) Forfeiture of property.
   2. (B) Imprisonment for life.
   3. (C) Simple imprisonment.
   4. (D) Community service.

   Answer: (D) Community service.

6. Question 6 · Prelims

   Four men agree to rob a bank. Two of them are carrying large knives and one has a shotgun. The last one is carrying a bag for the money. They agree that they will try not to hurt anyone. They enter the bank wearing masks, threaten the staff, and demand cash. One of the bank employees tries to grab the shotgun, and the man holding it discharges the shotgun, causing the death of the employee. The men get the cash and leave the bank. Can any or all of the robbers be charged in relation to the death of the bank employee?

   1. (A) Yes, all of the robbers can be charged because the act of one man in discharging the gun was in pursuit of the common intention to hurt anyone if necessary while robbing the bank.
   2. (B) No, the robbers were of the common intention that they would try not to hurt anyone, and this was obviously an accident.
   3. (C) Yes, but only the three robbers carrying weapons may be charged as they clearly had the common intention to use the weapons, if necessary.
   4. (D) Yes, all of the robbers can be charged because the act of one man in discharging the gun, was in pursuit of the common intention of all of them to rob the bank.

   Answer: (D) Yes, all of the robbers can be charged because the act of one man in discharging the gun, was in pursuit of the common intention of all of them to rob the bank.

7. Question 7 · Prelims

   In which of the following instances is an accused most likely to be guilty of an offence under the Indian Penal Code, 1860?

   1. (A) Where a lawful act resulted in an unforeseen injury due to an accident.
   2. (B) Where the injury is caused while acting pursuant to an order of the Court.
   3. (C) Where the injury is caused by a Judge while acting judicially.
   4. (D) Where the injury caused is very slight and trifle, according to the accused.

   Answer: (D) Where the injury caused is very slight and trifle, according to the accused.

8. Question 8 · Prelims

   A, a landlord, agrees to let his flat out to B for payment of a monthly rent of Rs. 10,000/-. C agrees to act as surety for any default by B in payment of the rent. B is facing a sudden financial crisis and, a few days before his rent is due, informs A that he might not be able to pay the rent for January on time. A immediately calls up C and asks him to pay the rent for January as C has guaranteed B's payment of rent. Is C liable to pay the rent for January to A ?

   1. (A) C is liable to pay the rent for January because C has guaranteed it and A is not required to seek the rent beforehand from B.
   2. (B) C is liable to pay the rent for January because B has defaulted and A can now proceed against the surety.
   3. (C) C is not liable to pay the rent for January as the surety only guarantees performance and C is not personally liable for B's default.
   4. (D) C is not liable to pay the rent as B is yet to default and C's liability will arise only once B has defaulted.

   Answer: (D) C is not liable to pay the rent as B is yet to default and C's liability will arise only once B has defaulted.

9. Question 9 · Prelims

   Which of the following writs is used to challenge the legality of a claim that a person asserts to a public office, and to remove such a person from the public office if the claim is not well-founded?

   1. (A) Quo warranto.
   2. (B) Habeas corpus.
   3. (C) Mandamus.
   4. (D) Certiorari.

   Answer: (A) Quo warranto.

10. Question 10 · Prelims

    Which of the following is least likely to be required of a settlement agreement in a mediation proceeding?

    1. (A) A settlement agreement should be balanced and reflect the benefit to each party.
    2. (B) A settlement agreement should be in writing.
    3. (C) A settlement agreement should be expressed in judgmental language.
    4. (D) A settlement agreement should describe the responsibility of, each party in implementing it.

    Answer: (C) A settlement agreement should be expressed in judgmental language.