Practice Questions For CLAT Subject Legal Aptitude (Worksheet-3)

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Legal Aptitude Worksheet-03 With Detail Solutions

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LEGAL APTITUDE

1.A previous judgment cited by court to decide on a similar set facts.

(a) Judicial dicta (b) Obiter dicta (c) Precedent(d) Case

1.(c)

1.Legal Awareness - Legal Terms – Easy

2.The State shall provide free and compulsory education to all children of the age of six to fourteen years

(a)under Article 21(b)under Article 32(c)under Article 21A(d)under Article 14

2.(b)

2.Legal Awareness – Constitution – Easy

3.Which one of the following sections of the Hindu Marriage Act, 1955 deals with 'Restitution of Conjugal Rights'?

(a) Section 5(b) Section 9(c) Section 10(d) Section 11

3.(b)

3.Legal Awareness - Important Indian Acts – Easy

4.'A' administers poisonous drug to a woman 'B' to cause miscarriage. It is found that 'B' was not pregnant. In this case

(a)'A' is not guilty of attempt to cause miscarriage

(b)'A' is guilty of attempt to cause miscarriage

(c)'A' is guilty of murder

(d)'A' is guilty of no offence

4.(b)

4.Legal Awareness - Important Indian Acts – Medium

5.Preamble of the Constitution declares India as

(a)a Socialist Democratic Republic

(b)a Sovereign Socialist Secular Democratic Republic

(c)a Sovereign Democratic Republic

(d)None of the above

5.(b)

5.Legal Awareness – Constitution – Medium

6.Section 2(C) of the code of Criminal Procedure defines

(a)bailable offence(b)non-bailable offence

(c)cognizable offence(d)non-cognizable offence

6.(c)

6.Legal Awareness - Legal Maxims – Easy

7.Under the Provisions of Transfer of Property Act, the unborn child acquires vested interest

(a)Upon his birth(b)7 days after his birth

7.(a)

7.Legal Awareness - Important Indian Acts – Medium

8.The rule of lispendens applies when

(a)the suit or proceeding in which right to immovable property is indirectly in question

(b)a suit or proceeding in which right to immovable property is pending between two persons and one of them sells the property

(c)the suit or proceeding is pending in a court which does not have jurisdiction

(d)litigation is not bonafide but collusive

8.(b)

8.Legal Awareness - Legal Maxims – Medium

9.Assertion (A) All minorities, whether based on religion or language, shall have the right to establish and administer educational institution of their choice.

Reason (R) Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.

(a)Both A and R are true but R is the correct explanation of A.

(b) Both A and R are true but R is not the correct explanation of A.

(d) A is false but R is true.

9.(c)

9.Legal Awareness – Constitution – Medium

10.Assertion (A) In the event of violation of any legal right (tort) the aggrieved party is entitled to recover unliquidated damages.

Reason (R) The object of awarding damages to the aggrieved party is to put him in the same position in which he would have been if the wrong would not have been committed. Damages are therefore, assessed on that basis.

(a)Both A and R are true but R is the correct explanation of A.

(b) Both A and R are true but R is not the correct explanation of A.

(d) A is false but R is true.

10.(a)

10.Legal Awareness - Important Indian Acts – Medium

11.Assertion (A) Freedom of speech is the most important civil liberty of people in a democratic polity.

Reason (R) State can regulate free speech in the interest of public order.

(a)Both A and R are true but R is the correct explanation of A.

(b) Both A and R are true but R is not the correct explanation of A.

(d) A is false but R is true.

11.(b)

11.Legal Awareness – Constitution – Easy

12.The concept of Hindutva' is well interpreted by the Supreme Court in

(a)the Minerva Mills case(b)the Babri Masjid case

(c)the Golak Nath case(d)the Manohar Joshi case

12.(d)

12.Legal Awareness – Constitution – Easy

13.'A' enters 'Z' house through a window. Here 'A' commits

(a) trespass(b) house trespass(c) house breaking (d) All of these

13.(c)

13.Legal Awareness - Legal Maxims – Easy

14.A Hindu married woman of 32 years of age adopts a male child of 8 years with the consent of her husband. The adoption is

(a)valid(b)not valid

(c)voidable at the option of husband(d)None of the above

14.(b)

14.Legal Awareness - Important Indian Acts – Medium

15.In Sunni-te Law, the guardian of the minor's property is

(a) mother(b) father(c) mother's mother (d) father's father

15.(b)

15.Legal Awareness - Important Indian Acts – Medium

16.The following is not the exception to the rule of hearsay

(a)dying declaration(b)res gesture

(c)medical Expert's opinion(d)confession

16.(c)

16.Legal Awareness - Important Indian Acts – Easy

17.How many kinds of hurts are included under grievous hurt under Section 320 of the Indian Penal Code?

(a) 5 (b) 6 (c) 7 (d) 8

17.(d)

17.Legal Awareness – Constitution – Medium

18.'A' attempts to pick the pocket of 'Z' by thrusting his hand into 'Z's pocket. 'A' fails in his attempt as ‘Z' had nothing in his pocket. What offence 'A' has committed?

(a)Theft(b)Attempt to commit theft

(c)Mischief(d)No offence

18.(b)

18.Legal Awareness - Important Indian Acts – Easy

19.Under Section 15 of the Code of Civil Procedure, every suit shall be instituted in

(a)district court(b)the court of lower grade

(c)the court of higher grade(d)All of the above

19.(b)

19.Legal Awareness - Important Indian Acts – Easy

20.Rule against perpetuity will not be applicable in

(a)perpetual transfer for gift(b)personal contracts

(c)vested interest(d)All' of the above

20.(d)

20.Legal Awareness - Important Indian Acts – Easy

Problem 4 (Q. Nos. 21 to 25)

Rules

A.The fundamental right to freedom of association includes the right to form an association as well as not join an association.

B.The fundamental right to freedom of association also includes the freedom to decide with whom to associate.

C.The fundamental right to freedom of association does not extend to the right to realise the objectives of forming the association.

D.Fundamental rights are applicable only to laws made by or administrative actions of the State and do not apply to actions of private persons.

E.Any law in contravention of fundamental rights is unconstitutional and therefore cannot bind any person.

Facts

Gajodhar Pharmaceuticals, a private company, offered an employment contract of two years to Syed Monirul Alam. One of the clauses in the employment contract provided that Syed Monirul Alam must join Gajodhar Mazdoor Sangh (GMS), one of the trade unions active in Gajodhar Pharmaceuticals.

21.Decide which of the following propositions can be most reasonably inferred through the application of the stated legal principles to the facts of this case.

(a)The employment contract offered to Monirul Alam to join GMS is legal as it does not restrict his freedom not to join any association

(b)The condition requiring Monirul Alam to join GMS cannot bind him as it impinges on his freedom not to join any association

(c)Syed Monirul Alam cannot claim a fundamental right to freedom of association against Gajodhar Pharmaceuticals and therefore, the contract would bind him even though his freedom of association is restricted

(d)The employment contract infringes Syed Monirul Alam's freedom to decide with whom to associate and therefore is legally not enforceable

21.(d)

22.If Parliament enacts a law which requires every employee to join the largest trade union in their workplace mandating Syed Monirul Alam to join GMS, then

(a)such a law would merely govern private action to which fundamental rights do not apply

(b)such a law would not curtail any individual's right to freedom of association

(c)neither the employment contract, nor the law of the parliament would be enforceable as they would curtail the freedom of association

(d)the law of parliament would violate an individual's freedom not to join any association and therefore be unconstitutional

22.(d)

23.If Parliament enacts a law that requires a trade union to open its membership to all the employees, then

(a)such a law would not infringe any fundamental right to freedom of association

(b)the law of the parliament would curtail an individual's right not to join any association

(c)such a law would curtail the union members' right to decide with whom they would like to associate

(d)such a law would render the employment contract offered by Gajodhar Pharmaceuticals to Syed Monirul Alam unenforceable

23.(c)

24.If Gajodhar Pharmaceuticals enter into an agreement with GMS wherein the former agrees to hire only the existing members of GMS as employees, then

(a)the agreement would be illegal as it would curtail the union members' right to decide with whom they would like to associate

(b)such an agreement would infringe the union's right to decide with-whom to associate and therefore is legally not enforceable

(c)the agreement would not be enforceable as it would infringe upon the employer's right not to join an association

(d)the constitutionality of this agreement cannot be contested on grounds of contravention of undamental rights as such rights are not applicable to private persons

24.(d)

25.If Parliament enacts a legislation prohibiting strikes by trade unions of employees : engaged in pharmaceutical industry, then

(a)the legislation would not violate the right to freedom of association

(b)the legislation would curtail the right of trade unions to strike, and therefore violate freedom of association

(c)since strike is only one of the objectives with which a trade un: on is formed, right to strike is not protected by the right to freedom of association

(d)None of the above

25.(c)

21-25.Legal Awareness - Important Indian Acts – Difficult

26.Principle Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a person’s Fundamental Right.

Facts Parliament enacted a law,' which according to a group of lawyers is violating the Fundamental Rights of traders. A group of lawyers files a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.

(a) No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law

(b) The court can quash existing law if it violates Fundamental Rights and can direct Parliament to make a new law

(c) The court can quash the existing law if it violates Fundamental Rights but cannot direct Parliament to make a new law

(d) None of the above

26.(c)

26.Legal Reasoning - Law of Torts – Medium

27.Principle When an offer is accepted by a person to whom it is made, it becomes a promise. But this promise will become legally binding only when the acceptance of the offer is unconditional.

Facts Ram makes an offer to sell his house to Shyam for Rs. 50 lakh. Shyam accepts this offer but wants to pay the price of the house in five quarterly installments. Ram does not agree to it. Thereafter Shyam agrees to pay the price of the house in the way as originally desired by Ram. But Ram does not reply to it. Can Shyam compel Ram to sell his house to him?

(a)Shyam can compel Ram to sell his house because Shyam ultimately agrees to pay the price as originally desired by Ram

(b)Shyam can compel Ram to sell his house because Shyam in the first instance substantially complied with the desire of Ram

(c)Shyam can compel Ram to sell his house because Ram's offer does not exclude the payment of price in installments

(d)Shyam cannot compel Ram to sell his house because Shyam imposes a new condition about payment of price of the house while accepting the offer which is not ultimately accepted by Ram

27.(d)

According to the principle mentioned in the question, promise becomes a legal binding only when the acceptance of the offer is unconditional, but here Shyam did not accepted the offer of Ram as it was proposed. Shyam mentioned a condition that he wants to pay the price in the five quarterly installments, so according to the principle, Shyam cannot compel Ram to sell his house.

27.Legal Reasoning - Contract Law – Difficult

28.Principle A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of, forming a rational judgement as to its effect upon his interests.

Facts Mr X who is usually of sound state of mind, but occasionally of unsound state of mind, enters into a contract with Mr Y when he was of unsound state of mind. Mr Y having come to know about this fact afterwards, wants to file a suit against Mr X.

(a) Mr X cannot enter into contract, because he is of unsound state of mind when he entered

into contract

(b) Mr X can enter into contract but the burden is on the other pany to prove that he was of unsound state of mind at the time of contract

(c) Mr X can enter into contract but the burden is on Mr X to prove that he was of sound state of mind at the time of contract

(d) None of the above

28.(a)

28.Legal Reasoning - Contract Law – Medium

29.Principle When at the desire of one person, any other person has done or abstained from doing something, such act or abstinence or promise is called a consideration for the promise. Only a promise coupled with consideration is enforceable by law.

Facts X, the uncle of Y, made a promise to pay him an amount of Rs. 10000 as reward, if Y quits smoking and drinking within one year. X also deposited the above mentioned amount in a bank and informed Y that the said amount will be paid to him, if he quits smoking and drinking within one year. Within a period of six months of making the promise X died. After the expiry of one year of making the promise by X, Y made a request to the legal heirs of X demanding the promised money. The legal heirs of X declined the request of Y.

(a)The promise of X to Y is enforceable by law because Y has quitted smoking and drinking

(b)The promise of X to Y is not enforceable by law because Y has benefitted by quitting smoking and drinking

(c)The promise of X to Y is enforceable by law because the amount of Rs. 10000 has been deposited in a bank

(d)The promise of X to Y is enforceable by law because X has died within a period of six months of making the promise

29.(a)

The principle given in the questions is same as given under section 2(d) of the Indian contract Act, 1872. In this case Y has abstained from smoking and drinking according to will and wish of X (uncle), moreover the consideration of Rs. 10000 is already deposited in the bank account which is according to the provision of law that a promise coupled with consideration is enforceable by law. So, the promise of X to Y is enforceable by law because Y has quitted smoking and drinking.

29.Legal Reasoning - Contract Law – Difficult

30.Principle Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to a person or property.

Facts Mr Sharman, the captain of a steam vessel, suddenly and without any fault or negligence; on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel and that, by changing his course, he must incur the risk of running down a boat C with only two passengers on board and which he may possibly clear.

(a) Sharman has committed no offence because this was done out of necessity

(b) Sharman can be held responsible for the act of criminal negligence

(d) This is a clear case of accident so Sharman cannot be held responsible.

30.(a)

30.Legal Reasoning - Law of Torts – Medium

31.Principle 'Work' means literary work, artistic work, dramatic work, musical work, cinematographic film and sound recording but does not include acting in a cinematographic film. Only the works, as enumerated above, can be protected under copyright law.

Facts A very famous actor acted in a cinematographic film. The actor was also the producer and director of cinematographic film.

(a)The acting of the ac or can be protected under copyright law

(b)The acting of the actor can be protected under copyright law only as an artistic work

(c)The acting of the ac or cannot be protected under copyright law

(d)The acting of the actor cannot be protected under copyright law as a cinematographic film

31.(c)

According to the principle, acting in a cinematographic film is not protected under copyright law. In this case an actor acted in a cinematographic film and he was also the producer and director of cinematographic film, so the acting of an actor cannot be protected under copyright law.

31.Legal Reasoning - Law of Torts – Medium

32.Principle : If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

Facts : There have been inimical terms between the parties and the enmity between the parties had been aggravated on account of litigation with respect to the dispute over the mango trees. Accused person who came on the spot are shown to have come armed with deadly weapon and attacked on the other party due to which three precious lives were lost. Decide

(a)there was a prior concert or meeting of minds before attack. So, it is a case of common object

(b)there was aggravated form of enmity between the parties on account of litigation, so it is a case of common object of a unlawful assembly

(c)the accused person having armed with deadly weapons to kill the person, so, it is the case of culpable homicide

(d)on the basis of facts and circumstances, where the persons forming the assembly are shown to be having identical interest in pursuance of which some of them come armed, be deemed to be the members of the unlawful assembly

32.(d)

32.Legal Reasoning - Criminal Law – Medium

33.Principle In case where the government is a party, the government shall be the first owner of the copyright in the work unless there is an agreement to the contrary.

Facts The Government of the State of X entered into an agreement with a retired professor of Botany. The professor agreed to write a text book on Botany. The government agreed to pay a sum of Rs. 10 Lakh to the professor for this work.

(a)The Government of the State of X shall be first owner of copyright in the text book

(b)The professor shall be first owner of copyright in the text book

(c)Both the Government of the State of X and the professor shall be the joint owners of copyright in the text book

(d)The professor shall be first owner of copyright in the text book only, if he refuses to accept the amount of Rs. 10 Lakh from the government

33.(a)

According to the given principle, the government shall be the first owner of the copyright in the work unless there is ar. agreement to the contrary. In this case the government of state X entered into an agreement with a professor to write a book on Botany and agreed to pay him Rs. 10 lakh. So, according to the principle, Government of the state of X shall be the first owner of copyright in the text book, as there is no other agreement contrary to it.

33.Legal Reasoning - Contract Law – Difficult

34.Principle Agreements, the meaning of which is not certain, or not capable of being made certain, are void.

Facts A horse was bought for a certain price coupled with a promise to give Rs. 500 more if the horse is proved lucky.

(a) This is a valid agreement

(b) This agreement is void for uncertainty because it is very difficult to determine what luck, bad or good, the horse has brought to the buyer

(d) None of the above

34.(b)

34.Legal Reasoning - Contract Law – Medium

35.Principle : Generally an agreement without consideration is not valid. Therefore, in order to make a valid agreement, some consideration which may have some value in the eyes of law, is essentially required.

Facts : William has an old car of which he makes seldom use. He voluntarily enters into an agreement with Smith to sell this car for rupees ten thousand. Thereafter one Anson approaches William and offers to buy that car for rupees 1 lakh as the car was one which Anson lias been searching for long. Now, William wants to cancel his agreement with Smith and refuses to deliver the car to him saying that consideration price for the car promised by Smith is negligible and therefore, agreement with him cannot be said to be valid one.

(a)William can cancel his agreement with Smith as the consideration involved in that is really inadequate

(b)William cannot cancel his agreement with Smith as the sale of car for rupees ten thousand was voluntary and this price has some value in the eyes of law

(c)William can cancel his agreement with Smith as he was ignorant about the value/price of the car for which it could be sold

(d)William can cancel his agreement with Smith as he is entitled to get full market value/ price of his car

35.(b)

As per the principle mentioned in the question and also supported by the Indian Contract Act, 1872 generally an agreement without consideration is not valid. In this case, William cannot cancel his agreement with Smith because the sale of car to Smith for Rs. 10000 was a voluntary act and this price or consideration has some value in the eyes of law.

35.Legal Reasoning - Contract Law – Difficult

36.Principle Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that, on close examination it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.

Facts X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer.

(a) X can be held liable for fraud

(b) X can be held liable for misrepresentation

(d) X cannot be held liable because it is the buyer who must be aware of the things

36.(a)

36.Legal Reasoning - Law of Torts – Medium

37.Principle Licence is an agreement whereby the owner of the copyright agrees to grant an interest in the copyright to the licences. Assignment is an agreement whereby the owner of the copyright transfers all the property rights to the assignee. Property right is a bundle of rights consisting of right to possess, right to use, right to alienate and the right to exclude others.

Facts An owner of copyright in a cinematographic film enters into an agreement with B, a film distributor. B agrees to distribute the film only in Mumbai. A also enters into many such agreements with other distributors for distribution of his film in other cities.

(a)The agreement between A and B is more in the nature of assignment than in the nature of licence

(b)The agreement between A and B is more in the nature of licence than in the nature of assignment

(c)The agreement between A and B is both in the nature of assignment and licence

(d)The agreement between A and B is neither in the nature of assignment nor in the nature of licence

37.(b)

According to the principle, licence is an agreement whereby the owner of the copyright agrees to grant an interest in the copyright to the licencee. In this case, A an owner of copyright in a cinematographic film enters into an agreement with B, so it is a kind of licence where an owner of the copyright agrees to grant an interest in the copyright to the licences.

37.Legal Reasoning - Law of Torts – Difficult

38.ab . . . . . . non fit injuria.

(a) abnsu(b) assuetis(c) esse(d) usque

38.(b)

39.administratio . . . . . . lite.

(a) durante(b) caribus(c) quod alteri(d) Pendente

39.(d)

40.autre . . . . . . acquit/convict

(a) valet in lege(b) fois(c) animus(d) ut quod

40.(b)

38-40.Legal Awareness - Legal Terms – Easy

41.Principle : Theft is the dishonest moving of property with the intention of taking it out for the person's possession without his consent.

Facts :A gives his woolen coat to a dry cleaner along with his wife's sarees for the purpose of dry cleaning. He is told to collect the clothes after two days. When he comes after two days, he, finds that he does not have enough money to pay to the dry cleaner. But since due to the winter, he needs the coat desperately, he surreptitiously places the coat near his other goods so that he can quietly take it without the knowledge of the dry cleaner

(a)A is guilty of theft

(b)A is not guilty of theft

(c)A is not guilty of theft but has to pay compensation to the dry cleaner

(d)None of the above

41.(c)

41.Legal Reasoning - Criminal Law – Medium

42.Legal principal A person is entitled to use reasonable force for self-defence.

Facts : Situation Gokul was living in a farm house with a few family members. One night, a group of robbers broke open the door of the house and there was scuffle between the intruders and the residents. Gokul took out his pistol and fired a shot at one of the intruders. The shot did not hit the target and the robbers ran out of the house and by that time, the neighbours gathered in front of the house Gokul in a fit of anger came out of the house and fired at fleeing robbers who by that time mingled with the neighbours. The shot injured a neighbour and he filed a suit against Gokul.

(a)Gokul is not liable, since his action was in continuation of self-defence

(b)Gokul is liable, because he should have realised the possibility of hitting an innocent bystander

(c)Gokul is not liable since his act was intended against the robbers

(d)None of these

42.(d)

42.Legal Reasoning - Criminal Law – Medium

43.Principle : Law does not take notice of trifles.

Facts : Keshav proposes to Govind that both should go together to watch the movie 'Lagaan' on a particular day, the 6 pm show at Sangam theatre. Govind agrees and assures that he would be at the gate of the theatre on the appointed day at 5 pm. Despite the agreement, while Keshav patiently waits for Govind on the said date at the theatre-till 6 pm, Govind fails to turn up. Keshav goes to the movie alone after paying double the ticket amount. Keshav files a suit against Govind claiming damages for the agony, mental torture suffered by him and for the cost of the -movie ticket.

(a)Govind is liable for breach of contract as the issue is not trivial

(b)Govind is liable only to the extent of paying for the cost of the movie ticket

(c)Govind is not liable as there was no intention to enter in to a contract

(d)Govind is not liable as the grounds are too trivial

43.(d)

43.Legal Reasoning - Contract Law – Medium

Directions (Q. No. 44 to 47) Give answer of the following questions by applying Principle : in given factual situation.

Principle : 'Undue influence' is defined as - A contract is said to be induced by 'undue influence' where relations subsisting between the parties are such that, one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. In the particular and without prejudice to the generality of the foregoing principle, a person is deemed to be in a position to dominate the will of another

(1)where he hold a real or apparent authority over the other, or where he stands in a fiduciary relation to the other,

(2)where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress.

Where a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that such contract was not induced under influence shall be upon the person in a position to dominate the will of the other.

Facts : A having advanced money to his son, B, during his minority, upon B's coming of age obtains, by misuse of parental influence, a bone from B for a greater amount than the sum due in respect of the advance. A employs under influence.

44.'Undue influence' which vitiates free consent under Section 16 is

(a)due to relation one obtain an unfair advantage over the other

(b)due to fiduciary relation one has an apparent authority over the other

(d)whose mental capacity is temporarily or permanently affected by reason of age, illness or mental or bodily distress

(d)All of the above

45.What makes a proposal?

(a)When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.

(b)When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise.

(c)The person making the proposal is called the 'promisor', and the person accepting the proposal is called the 'promisee'.

(d)When, at the desire of the promisor, the promise or any other person has done or abstained from doing, or does or abstains from doing, or promises to do abstain from doing, something, such act or abstinence or promise is called a consideration for the promise.

46.What is an agreement?

(a)Every promise and every set of promises, forming the consideration for each other, is an agreement

(b)Promises which form the consideration or part of the consideration for each other, are called reciprocal promises

(c)An agreement not enforceable by law is said to be void

(d)The person making the proposal is called the "promisor" and the person accepting the proposal is called the 'promisee'.

47.What is a contract in the eyes of law?

(a)An agreement enforceable by law is a contract.

(b)An agreement which is enforceable by at the option of one or more of the parties thereto, but not at the option of the other or other, is a voidable contract.

(c)A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable.

(d)An agreement not enforceable by law is said to be void

44.(d)

45.(a)

46.(a)

47.(a)

44-47.Legal Reasoning - Contract Law – Medium

48.Principle : Agreements, the meaning of which are not certain or capable of being made certain are void.

Facts : A lease agreement between the landlord and tenant provided that the tenant would spend his own-money in renovating the house and adjust it against the monthly rent of Rs. 4000. The tenant in the course of renovation covered the courtyard which was open and for covering the courtyard, spent Rs. 1 lakh. When he sought to adjust, it against the rent, landlord argued that the renovation did not include covering the courtyard. The landlord's submission was that the contract was void on account of uncertainty.

(a) the cause concerning renovation is valid, because the cost incurred was clearly identified

(b)the cause concerning renovation is void, because the landlord and Mount had different perceptions thereof

(c)the landlord must have taken care to define renovation; and for his oversight, he cannot blame the tenant

(d)None of these

48.(b)

48.Legal Reasoning - Contract Law – Medium

49.Principle : A person abets the doing of a thing, A who instigates any person to do that thing, or Engages of that thing ..., intentionally aids, by any act or illegal omission, he doing of that thing."

Facts : My mother-in-law and husband and Sister-in-law harassed me. They beat me and abused me. My husband wants to marry second time. He has illicit connections with my Sister-in-law. Because of these reasons and being harassed, want to die by burning." Whether

(a)it is a case of suicide

(b)it is a case of abetment of suicide

(c)not a case of abetment

(d)it is a case of suicide of being harassment

49.(c)

49.Legal Reasoning - Criminal Law – Medium

50.Principle Nothing is an offence which, is done by a person who, at the time of doing it. By reason of unsound state of mind, is incapable of knowing the nature of the act, or something that he is doing is either wrong or contrary to law.

Fact X takes his son Y who is 3 yr old, for bathing to the well. He throws his son inside the well so that the son can have a good bath. After 10 min he also jumps into the well to take bath and get his son out of the well. Both were rescued by the villagers but his son was found dead.

(a) X has committed culpable homicide amounting to murder

(b) X has committed murder

(d) X’s family should be held responsible for allowing him to take the child to the well

50.(a)

50.Legal Reasoning - Criminal Law – Medium