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CLAT Foundation Practice Test - 05

CLAT Foundation Practice Test - 05 CLAT Prep: Module 5 Module 5.1: Legal Reasoning - The Tort of Nuisance Why this matters for CLAT: Nuisance forces you to balance the right of one person to enjoy their property against the right of another to use their own property. This balancing act is pure legal reasoning. Concept Notes: Unreasonable Interference 1. What is Nuisance? Nuisance is an act that causes an unlawful, indirect, and unreasonable interference with a person's use or enjoyment of their land. It's indirect (noise, smells, fumes) unlike trespass, which is direct. 2. The Two Types of Nuisance: A) Private Nuisance: An unreasonable interference with an individual's land. The key is "unreasonableness," determine...

CLAT Foundation Practice Test - 04

CLAT Foundation Practice Test - 04 CLAT Foundation Prep - Module 4 Module 4.1: Legal Reasoning - Defenses to Negligence Why this matters for CLAT: The real complexity in negligence cases lies in the defenses. Passages will give you scenarios where the injured person was also at fault or knew the risks. Your job is to precisely apply the conditions of these defenses. Concept Notes: Contributory Negligence & Voluntary Assumption of Risk 1. Contributory Negligence Concept: Applies when the plaintiff, through their own carelessness, contributed to their own injury. The harm is a result of shared fault. The Modern Rule: This is not a complete defense. The court apportions blame, and the plaintiff's compensation is reduced by the percentage they are at fault (e.g., if 3...