CLAT - Legal Aptitude - Civil Law

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Question - 1

Assertion (A): Every contract must be supported by a consideration.
Reason (R): Every contract without a consideration is void.

  • A Both A and R are true and R is the correct explanation of A
  • B Both A and R are true and R is not the correct explanation of A
  • C A is true but R is false
  • D A is false but R is true

Question - 2

Assertion (A): All contracts are agreements.
Reason (R): An agreement enforceable by law is a contract.

  • A Both A and R are true and R is the correct explanation of A
  • B Both A and R are true and R is not the correct explanation of A
  • C A is true but R is false
  • D A is false but R is true

Question - 3

Assertion (A): All contracts are agreements.
Reason (R): An agreement enforceable by law is a contract.

  • A Both A and R are true and R is the correct explanation of A
  • B Both A and R are true and R is not the correct explanation of A
  • C A is true but R is false
  • D A is false but R is true

Question - 4

Legal Principle: When at the desire of the promisor, the promisee promises to do some act, then such promise is called a consideration for the promise.
Factual Situation: X arranges his birthday party at his home, and his friend Y promises to cook a special dish for the guests. On the day of the party, X finds that Y neither came to his party nor did he get the special dish. X sues Y for breach of contract.
Question:
Will X succeed in his action?

  • A X will succeed because his friend has failed to keep his promise
  • B X will succeed because his reputation was affected due to his irresponsible behaviour
  • C X will not succeed because there is no consideration for his friend's promise to bring the special dish
  • D Both (a) and (b)

Question - 5

Legal Principle: A minor is not competent to enter into a contract and the law will assume that the contract never happened and everything will be returned to where it was.
Factual Situation: X, a minor, misrepresents his age to enter into a contract with Y a seller of bicycles, to purchase the bicycle. After the bicycle was delivered to the minor, he refuses to pay the sale price for the same, contending the non-existence of a legally binding contract.
Question:
Is the contract entered by X a valid one?

  • A The contract is valid because in this case, the minor has knowingly misrepresented his age in order to enter into the contract
  • B The contract is not valid because the buyer is a minor and the seller will get nothing
  • C The contract is not valid because the buyer is not competent to contract, but the minorl/buyer may be directed by the court to return the bicycle
  • D The contract is not valid but the seller can file a suit against X's parents

Question - 6

Legal Principle: The acceptance to an offer should be given only in the mode prescribed by the proposer, for a contract to become enforceable.
Factual Situation: A offered to buy a horse from B requesting that the acceptance should be sent through A's agent. B sent his acceptance through his servant, who reached Ns office a day after Ns agent reached.
Question:
Is A bound by B's acceptance?

  • A No, because the contract is binding only when the acceptance is made in the prescribed mode
  • B No, because B should have intimated A about the servant corning with the acceptance
  • C Yes, because B did send the acceptance
  • D Yes, because the servant is B's employee

Question - 7

Principle: A contract procured by coercion is bad under Indian Contract Act. Coercion is defined as committing or threatening to commit any act forbidden by Indian Penal Code. Attempt to commit suicide is an offence under Indian Penal Code.
Facts: A wanted his wife B to part with some landed property given to her by her father. B resisted fearing that her husband would squander it away. A threatened her that if she does not sign the deed transferring the property to him (i.e., A), he would commit suicide. B signed the deed. Subsequently, she challenged the deed un the ground that the deed was bad under law.

  • A The deed is valid under the law
  • B The transfer of property is complete once the deed is entered between the owner of the property and the buyer
  • C The deed is not valid as it was signed under the threat of suicide by her husband which amounts to coercion and vitiates the contract.
  • D Husband has a right over the property of the wife that was voluntarily transferred to the buyer.

Question - 8

Legal Principle: A contract without consideration is void. When at the desire of one party, the other party does something, the consideration is said to flow from the latter to the former. 
Factual Situation: A's house was on fire and a child was trapped inside the house. Everyone was shouting for help. A brave onlooker, hearing the shrieks of child, went The father of the child promised to pay the rescuer inside the house and brought him out The father of the child promised to pay the rescuer Rs 10,000. Subsequently, he backtracked his promise The rescuer sued the father for the breach of promise 

  • A The father of the child must pay for the service rendered by the rescuer
  • B The rescuer is not entitled to the payment, since he acted on his own
  • C Commercial considerations cannot be applied to humanitarian instincts
  • D None of the above

Question - 9

Legal Principle: A contingent contract is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen 
Factual Situation: A agrees to pay B a sum of n lakh if B marries C within a period of six months. B marries C during the seventh month as hall has was available only during that month. B claims Rs 1 lakh from A.

  • A B can successfully claim Rs1  lakh from A
  • B B cannot claim Rs.1 lakh from A as B married C after the duration set in the contract
  • C B can claim n lakh as well as special damages from A for having married C
  • D None of the above

Question - 10

Legal Principle: When there is breach of contract, the resulting damages will have to be paid by the party breaching the contract to the aggrieved party. However, the parties are free to agree as to damages payable in advance in case there is breach of contract.
Factual Situation: Mr. Ramesh entered into a contract with Mr. Ramakrishna for selling his green Alto Car for n lakhs. Mr. Ramakrishna was to pay Rs.3 lakhs on or before 25 April 2005 and take possession of the car. The party failing to honour the contract has to pay Rs.40,000 as damages to the other party. Mr.Ramakrishna has not performed his part of the contract. Mr Ramesh is claiming Rs.40,000.

  • A Mr. Ramesh can sell the car in the second hand market and if he suffers any loss, then only he can claim that amount from Mr. Ramakrishna
  • B Mr.Ramakrishna is liable to pay the agreed damages  
  • C Mr. Ramesh has to prove that he has suffered Rs.40,000 as damages to get it
  • D None of the above
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