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Legal Reasoning · 25 min read
Three branches of law supply the great majority of legal reasoning passages: contract, tort and crime. Knowing their structure is what allows you to read a passage in three minutes rather than six, because you are not decoding the vocabulary while also applying the principle.
The warning that governs the whole page bears repeating. This material is for reading speed, not for answers. If a passage states a principle that differs from the law as set out here — and it often will, because passages simplify — the principle in the passage governs completely. Knowing the real law is an asset only so long as you never answer from it.
Current affairs · 19 September 2026
Every item is dated, read on the conducting body’s or ministry’s own site, and written with the question it becomes. Read today’s items, take the quiz, or download the month as a PDF.
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Why it matters
| Exam | Expected questions | How it usually appears |
|---|---|---|
| CLAT UG Legal Reasoning | Most passages | Contract, tort and criminal law between them supply the majority of the fact situations. |
| AILET | Substantial | Historically with more direct questions on substantive law than CLAT. |
| SLAT and state law entrances | A major section | Several retain the standalone principle-and-fact format built on these branches. |
| Judiciary preliminary examinations | The core syllabus | Tested in far greater depth, with section numbers and case law. |
| UPSC and general awareness | Occasionally | Consumer protection and criminal law reform appear as current affairs. |
Offer, acceptance, consideration
The Indian Contract Act, 1872, governs. A contract is an agreement enforceable by law, and an agreement is an offer accepted — so the elements below are what turn a promise into an obligation.
Only a party to a contract can sue on it. A stranger to the contract acquires no rights under it, however much it was intended to benefit them, and however clearly. The rule has recognised exceptions — a beneficiary under a trust, a family settlement, an agreement creating a charge on property — but the general rule is what fact situations are built on, and it frequently produces the outcome that a sympathetic third party recovers nothing.
Capacity, consent and legality
Even where offer, acceptance and consideration are present, an agreement may be void or voidable. Most contract fact situations turn on one of the elements in this section.
Discharge and what follows
How a contract comes to an end, and what the injured party gets when the other side fails to perform.
The foundations
A tort is a civil wrong, other than a breach of contract, for which the remedy is an action for unliquidated damages. It is largely uncodified in India and rests on judicial decisions.
Negligence, nuisance, defamation
Five torts supply most of the fact situations, and each has a clear set of elements that a passage will test one at a time.
| Tort | Elements | Defences and notes |
|---|---|---|
| Negligence | A duty of care owed to the plaintiff; breach of that duty; and damage caused by the breach that is not too remote | The duty rests on the neighbour principle from Donoghue v. Stevenson — you owe a duty to persons so closely and directly affected that you ought reasonably to have them in contemplation. Contributory negligence reduces damages; res ipsa loquitur shifts the burden where the accident itself implies negligence. |
| Nuisance | Unlawful interference with a person's use or enjoyment of land, or of a right over it | Private nuisance affects an individual and is actionable by him. Public nuisance affects the community and is ordinarily a criminal matter, actionable civilly only by someone suffering special damage beyond that suffered generally. |
| Trespass to land | Unauthorised entry onto land in another's possession | Actionable per se, without proof of damage — an instance of injuria sine damno. Entry may be by a person, or by projecting or throwing something onto the land. |
| Defamation | A statement lowering the plaintiff in the estimation of right-thinking members of society; referring to the plaintiff; and published to at least one third person | Libel is in permanent form and slander is spoken. Defences are truth or justification, fair comment on a matter of public interest, and privilege, whether absolute as in parliamentary and judicial proceedings, or qualified. |
| Assault and battery | Assault is an act causing reasonable apprehension of immediate harmful contact; battery is the actual contact | Assault can occur without any touching, and battery without any prior apprehension — a blow from behind is battery without assault. False imprisonment is total restraint of liberty without lawful justification. |
Elements, stages and defences
Now governed by the Bharatiya Nyaya Sanhita, which replaced the Indian Penal Code with effect from 1 July 2024. The concepts are unchanged; the section numbers are not, so learn the concepts.
Applied areas
Two areas that recur in CLAT passages because they touch daily life and generate frequent legal news.
Solved examples
Read the steps rather than the answer. The method is what transfers to the next question.
A shop displays a shirt marked at 500 rupees. A customer takes it to the counter and the shopkeeper refuses to sell. Is there a breach of contract?
Answer: No — the display is an invitation to offer, so no contract came into existence.
A person of seventeen borrows money and signs a promissory note. On attaining eighteen he ratifies it. Is he bound?
Answer: No — a minor's agreement is void ab initio and cannot be ratified.
A new shop opens next door and drives an existing shop out of business by lawful competition. Any remedy?
Answer: No remedy — damnum sine injuria.
What is the difference between strict and absolute liability?
Answer: Strict liability has recognised exceptions; absolute liability has none.
A delivery driver takes a fifteen-kilometre detour to visit a friend and injures a pedestrian. Is the employer liable?
Answer: No — the detour takes the act outside the course of employment.
A publisher prints a false statement damaging a person's reputation, honestly believing it to be true. Is honest belief a defence to defamation?
Answer: No — honest belief is not among the defences; only truth, fair comment and privilege are.
A contract becomes far more expensive to perform because of a sharp rise in raw material prices. Is it frustrated?
Answer: No — commercial difficulty is not impossibility, so the contract stands.
What distinguishes culpable homicide from murder?
Answer: Murder is aggravated culpable homicide; the exceptions reduce it back.
Practice
Work each one out before you reveal the answer — the explanation is where the marks are.
Q1The display of goods in a shop with a price tag amounts to:
Q2A minor's agreement in India is:
Q3Consideration under Indian law:
Q4An agreement caused by fraud is:
Q5Damage without infringement of a legal right is expressed as:
Q6Absolute liability differs from strict liability in that it:
Q7The neighbour principle in negligence comes from:
Q8Which is NOT a defence to defamation?
Q9Trespass to land is actionable:
Q10Which stage of a crime is generally NOT punishable?
Q11The rule in Hadley v. Baxendale concerns:
Q12Robbery differs from theft in that it involves:
Q13Under the Consumer Protection Act, 2019, a person who buys goods for resale is:
Q14Specific performance is ordinarily granted where:
Q15Contributory negligence in modern Indian law:
Q16A contract becomes impossible to perform because the subject matter is destroyed. The contract is:
Questions
No. Study it for reading speed, so that terminology does not slow you down, and answer only from the principle the passage supplies. Passages frequently simplify or modify the real law, and a candidate who corrects the passage from real knowledge gets the question wrong. Knowing the law is an asset only so long as it never becomes the source of the answer.
An offer is a definite proposal capable of immediate acceptance, so acceptance concludes a contract. An invitation to offer merely invites others to make offers, which the inviter may then accept or decline. Shop displays, advertisements, prospectuses, tenders and auction notices are invitations to offer, which is why a shopkeeper is not bound to sell at a displayed price.
Two ways that fact situations use. Indian law accepts past consideration as valid, whereas English law does not. And Indian law allows consideration to move from the promisee or from any other person, so a stranger to the consideration may sue, whereas English law requires it to move from the promisee. Both differences appear in comparative passages.
Exceptions. Strict liability under Rylands v. Fletcher makes a person liable for the escape of a dangerous thing regardless of care, but allows defences — act of God, the plaintiff's own fault, the act of a stranger, consent and statutory authority. Absolute liability, from M. C. Mehta, applies to enterprises in hazardous activities and admits none of them. That absence of exceptions is the whole distinction.
Damnum sine injuria is damage without legal injury — real loss, but no legal right infringed, so no remedy. Lawful competition ruining a business is the standard example. Injuria sine damno is legal injury without damage — a right infringed with no loss following, which is actionable because the law protects the right itself. Trespass and a wrongful denial of the vote are the standard examples.
When the employee was not acting in the course of employment. A wrongful act done while carrying out the job, even if done badly or against instructions, is usually within the course of employment. An act done for the employee's own purposes — a substantial detour, a personal errand, a private quarrel — is a frolic of his own, and the employer is not liable.
No. Frustration requires performance to become impossible or unlawful, not merely more difficult or more expensive. A sharp rise in input costs, a fall in profitability or an unexpected shortage does not discharge the contract. This is one of the most frequently set distinctions in contract fact situations, because the hardship is usually described sympathetically.
That the Indian Penal Code, the Criminal Procedure Code and the Indian Evidence Act were replaced with effect from 1 July 2024 by the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam. The concepts — mens rea, culpable homicide, theft, cognisable offences, the FIR — carry over unchanged. The section numbers do not, so never quote one from older material.
Tort and contract between them supply the majority, because their principles are compact enough to state in a sentence and their fact situations are drawn from everyday life. Criminal law follows. Constitutional law passages appear too but tend to be comprehension-heavy rather than application-heavy. If preparation time is short, tort deserves the largest share.
To the level of this page and no further. You need the elements of each concept, the standard defences, and the vocabulary — enough to read a passage without stopping. Section numbers, case citations and doctrinal detail belong to law school and to judiciary examinations, and time spent on them is time not spent on the application skill that actually earns the marks.
Attempt a timed mock while the formulas are fresh — that is what tells you which of them actually stuck.
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