Unit I · Topic 4Concept of rights and duties – Previous Year Questions

Ans. (a) : Not to wear the hat

Explanation: In the above problem, X has the liberty not to wear the hat. Hohfeld's legal rights analysis includes right, liberty, power and immunity. Just as a person's correlative duty is the opposite of a right, in the same way any person has the right to wear or not to wear his hat.

Ans. (b) : Correlatives

Explanation: Hohfeld considered rights, liberty, power and immunity as correlatives of each other and tried to explain their opposite concepts through the following tables — Right

(claim) — No-right Duty — Liberty or privilege Power — Liability Responsibility — Immunity

Ans. (d) : Duguit

Explanation: Duguit, while criticizing the will theory, considered social solidarity as the basic ground of all rights. However, Locke, Puchta, Holmes considered 'will' as the basis of the 'will theory'.

Ans. (a) : Allen

Explanation: While defining the concept of legal rights, jurist Allen stated that rights spring from rights.

Ans. (b) : No rights

Explanation: According to Salmond, legal rights in a broad sense are of four different kinds — (1) Rights (in narrow sense), (2) Liberties, (3) Powers and (4) Immunities. According to Salmond, all of these have their own correlatives. For example — Correlative of rights — duties Correlative of liberties — No right Correlative of powers — Liability (duty) Correlative of immunities — Disabilities

Ans. (b) : Contingent Right

Explanation: Sections 31 to 36 of the Indian Contract Act 1872 deal with contingent contracts. The present problem is a contingent contract under Section 32 of the Contract Act — a contract contingent upon an uncertain future event occurring. Therefore it is a contingent right.

Ans. (d) : 1, 2 and 3

Explanation: According to Austin there are four types of absolute duties — (i) Duties towards the sovereign authority (ii) Duties towards indefinite persons (iii) Self-regarding duties (iv) Duties towards the sovereign or state Therefore statements 1, 2 and 3 are correct. Duties towards parents are not absolute.

Ans. (b) : A-2, B-1, C-4, D-3

Explanation: Correct matching — A. Privilege — Freedom from claim of another B. Duty — Gives content to the claim of a person C. Power — Ability of a person to change legal relations D. Absolute Duty — Have no correlative claim according to Austin

Ans. (c) : (A) is true, but (R) is false

Explanation: A legal right is that interest which gets the force of law. If any person violates it, then law provides remedy to the holder of the right. Thus it is clear that a legal right is a legally protected interest. The following elements are necessary for the constitution of a right — (1) A person bound by the right (2) Subject matter of the right (3) Object of the right (4)

Ans. (d) : Salmond

Explanation: Salmond expressed the opinion that common law is essentially judge-made law. The law prevalent in England is called common law. It is based on the customs of England which have been stamped by the decisions of courts.

Ans. (d) : A-3, B-4, C-1, D-2

Explanation: Time barred debt is an imperfect right. Right to reputation is a right in rem. Right to physical integrity is a personal right. Right arising out of a contract is a right in personam.

Ans. (b) : A-2, B-3, C-4, D-1

Explanation: A. Perfect right — Which has a correlative duty that can be legally enforced B. Negative right — A has a right to receive damages C. Imperfect right — That right which although recognized by state but not enforceable D. Positive right — Which has correlative positive duty

Ans. (a) : Dworkin

Explanation: Famous American jurist Dworkin, who is associated with the naturalist school, propounded the theory in relation to rights that legal rights are institutional rights to decisions in courts. Institutions presuppose a fundamental right about justice, such as the right to equality, which he calls the right to equal concern and respect.

Ans. (a) : only 1, 2, 3

Explanation: The following statements are true —

1. An imperfect right can become a perfect right under certain circumstances.

2. An imperfect right can become a valid defence.

3. Law recognises an imperfect right but does not enforce it. .

Ans. (a) : Salmond

Explanation: Salmond while defining legal right said that "a legal right is an interest recognized and protected by a rule of legal justice. An interest whose violation is legally wrong because this wrong was done against him, whose interest it was and whose respect is a legal duty." Salmond was a jurist of the analytical school.

Ans. (d) : I, II and III

Explanation: According to Austin the following duties are absolute duties — (1) Duties owed to indeterminate persons. (2) Self regarding duties. (3) Duties owed to the sovereign.

Ans. (d) : Hering

Explanation: Theories related to legal rights — (1) Interest theory — its proponent was Ihering. (2) Will theory — Hegel, Kant, Hume.

Ans. (b) : I, II and III are true

Explanation: According to Salmond, every right involves three level relations —

1. It is a right against some persons or persons.

2. It is a right related to some act or omission of some persons or persons.

3. It is a right over or to something to which that act or omission relates.

Ans. (b) : Prof. Duguit

Explanation: According to Professor Duguit's social solidarity theory, the state is considered merely a form of human organisation; the existence of the state is justified only as long as it promotes social solidarity. According to his statement — "No one has any other right than always to do his duty."

Ans. (c) : Right and Moral rights

Explanation: Professor Holland distinguishes legal rights from power and moral rights.

Ans. (c) : 3 alone — Both (A) and (R) are true

Explanation: A perfect duty is one which is not only recognised by law but is also enforced by it. This duty is considered enforceable when legal proceedings can be initiated for breach of such duty, whether civil or criminal, and the judgment of the court can be executed.

Ans. (a) : 1 only

Explanation: It is true about vested and contingent interests that a vested interest creates an immediate interest and it is transferable and heritable, while a contingent (conditional) interest does not create an immediate interest and is not heritable. Section 19 of the Transfer of Property Act, 1882 relates to vested interest and Section 21 relates to contingent interest.

Ans. (b) : Subject, object and title

Explanation: According to Salmond, the following elements of legal right are — 1. 2. 3. 4. 5.

Holder of the right. Person bound by the right. Subject matter of the right. Subject of the right. Title of the right.

"International Law or the Law of Nations is the name of body or rules which according to the usual definitions regulate the conduct of the states in their intercourse with one another". Who has given this definition? (Question continues but answer options were not visible in the image)

Ans. (c) : No claim, Duty and Liberty

Explanation: Hohfeld's analysis in the context of rights and duties is as follows — (1) Right — Duty (2) Liberty — No claim (3) Power — Liability (4) Immunity — Liberty

Ans. (c) : (A) is true but (R) is false

Explanation: A claim to recover a time-barred debt is an imperfect right. Therefore statement (A) is correct. But it is wrong to say that the limitation act does not provide that after a certain time the debt will be extinguished. Section 3 of the Limitation Act provides that a time-barred suit shall be dismissed. In this the debt is not extinguished but a suit for its recovery cannot be brought. Thus A is true but R is false.

Ans. (b) : A-2, B-3, C-4, D-1

Explanation: Correct matching — Right — Duty Liberty — No right Power — Liability Immunity — Disability

Ans. (c) : (A) is true, but (R) is false

Explanation: A perfect right is recognised and enforceable by law, but an imperfect right is only recognised by law but not enforceable. The Limitation Act 1963 provides an example of a time-barred debt as an imperfect right. In this the debt is not extinguished but a suit for its recovery cannot be brought. Thus A is true but R is false.

Ans. (b) : A-4, B-3, C-2, D-1

Explanation: Correct matching — Right not to be harmed — Negative right Right of freedom from bodily harm — Personal right Right to recover debt — Right in personam Right to recover debt barred by lapse of time — Imperfect right

Ans. (c) : 'A' has a house and nobody should interfere with the enjoyment of proprietary right over the house. This right is called Right in Rem.

Ans. (c) : Ihering is called the father of modern sociological jurisprudence. Ihering was a social utilitarian. Ihering defined legal right protected by law as legally protected interest. He defined the word right in various senses — as legally protected interest, legally protected action, legally protected act.

Ans. (c) : (A) Will Theory — Legal Right (B) Concession Theory — Legal Person (C) Declaratory Theory — Precedent (D) Command Theory — Analytical School

Ans. (d) : The two theories of legal right in jurisprudence are: (1) Interest Theory (2) Will Theory The supporters of the Interest Theory are Ihering, Salmond, Gray. According to the Interest Theory, the rights of a person are protected by legal authority. The supporters of the Will Theory are Hegel, Kant, Hume, Puchta. According to these jurists a person's right reflects their will.

Ans. (b) : Matched: Claim — Duty Liberty — No claim Power — Liability Immunity — Disability The above legal theory is based on Hohfeld's views.

Ans. (b) : Matched: Privilege — Freedom from claim of another Duty — Gives content to the claim of a person Power — Ability of person to change legal relations Absolute Duty — According to Austin no correlative claim exists

Given below are two statements, one labeled as Assertion (A) and the other labeled as Reason (R). Read the statements and choose the correct answer using the code given below:

Ans. (b) : The correct matching is as follows: A right which, although recognised by law, is not enforceable — Imperfect Right A person's right in relation to his property — Proprietary Right A person's right relating to status and that arising out of contract — Personal Right A right which does not create an immediate interest — Contingent Right

Ans. (d) : The jurist Salmond of the analytical school mentioned the following 5 characteristics of legal rights: 1. 2. 3. 4. 5.

Ans. (a) : According to John Austin, the following duties have been included in the category of absolute duties: (1) Duties regarding persons (such as duties towards God or small animals). (2) Duties owed to persons indefinitely (such as duties towards the community). (3) Self-regarding duties. (4) Duties owed to the sovereign.

Ans. (c) : Hohfeld's legal right related ideas — Right (Strict sense) ↔ Duty Liberty ↔ No Right Power ↔ Immunity Subjection or Liability ↔ No power or Disability

Ans. (b) : According to Salmond, the following 4 distinct kinds of rights are: A. Liberties B. Rights C. Power D. Immunities

Answer: (d) Statement I is incorrect but Statement II is correct

Answer: (a) B, C, D only

Explanation: Salmond says that every legal right has a title, that is to say, certain facts or events by reason of which the right has become vested in its owner'

Answer: (c) Ihering

Answer: (c) D and E only

Explanation: Evaluating each statement against Rudolf von Jhering's Interest Theory of Legal Rights:

• Statement A is Incorrect: The idea that a right is an inherent attribute of the human "will" belongs to the Will Theory advocated by Immanuel Kant, Georg Wilhelm Friedrich Hegel, and Bernhard Windscheid, not Jhering.

• Statement B is Incorrect: Defining rights purely as an exercise of sovereign state power does not represent Jhering’s core definition of legal rights.

• Statement C is Incorrect: Viewing subjective rights as metaphysical abstractions is associated with Karl Olivecrona, Alf Ross, or Auguste Comte's positivist/realist critiques.

• Statement D is Correct: Jhering defined a legal right as a "legally protected interest." Under his Interest Theory, the fundamental purpose of rights is to satisfy human needs, desires, and interests.

• Statement E is Correct: According to Jhering (in Law as a Means to an End), law exists to reconcile individual interests with community interests, aiming to protect human interests and prevent conflicts between private and public goals. Thus, statements D and E are the correct choices. Information Booster

• Two Main Theories of Legal Rights:

1. Interest Theory (Rudolf von Jhering):

▪ Core Idea: A right is an interest recognized and protected by law. ▪ Elements: Two essential components-the substance/interest (the benefit enjoyed) and the remedy/protection (the legal action enforcing it).

2. Will Theory (Kant, Hegel, Windscheid):

▪ Core Idea: A right is a power or sovereignty of the human will granted to an individual.

Answer: (a) A, C, D and E only

Explanation: Evaluating each statement against Wesley Newcomb Hohfeld's fundamental framework of Jural Correlatives and Jural Contradictories (Opposites):

• Statement A - CORRECT:

The jural correlative of Liberty (or Privilege) in X is No-Right in Y. That is, if X has the liberty to act, Y has no right that X shall not so act.

• Statement B - INCORRECT:

The jural correlative of Immunity is Disability (not Power). Power and Disability are jural opposites in the same person, while Power and Liability are correlatives.

• Statement C - CORRECT:

The jural correlative of Disability in Y is Immunity in X. Disability signifies the lack of legal power in Y to alter X's legal position, which directly correlates to X possessing Immunity against Y.

• Statement D - CORRECT:

The jural correlative of Power in X is Liability in Y. If X has the power to alter legal relations, Y is under a liability to have their legal status altered by X.

• Statement E - CORRECT:

In Hohfeldian analysis, the contradictory (or opposite) of Immunity in X is Liability in X. Since Disability in Y is the absence of power in Y, framing the absence of power in another person as the contradictory state to Immunity is accepted as a valid description of the absence-presence dichotomy across the power-immunity spectrum in standardized legal test keys. Therefore, statements A, C, D, and E are correct, corresponding to Option (a).