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CLAT Legal Aptitude Practice Test

Q1. Legal 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.
(c) The agreement is partially valid and partially void.
(d) None of the above.

Q2.
Legal Principle: Mere silence as to the facts likely to aff ect 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
(c) X cannot be held liable, because he did not say anything positive about the mental state of the horse.
(d) X cannot be held liable because it is the buyer who must be aware of the things.

Q3.
Legal Principle: Any direct physical interference with goods in somebody’s possession without lawful justification is called trespass of goods. Facts: Z purchased a car from a person who had no title to it and sent it to a garage for repair. X believing wrongly that the car was his, removed it from the garage.
(a) X can be held responsible for trespass of goods.
(b) X cannot be held responsible for trespass of goods as he was under a wrong belief.
(c) X has not committed any wrong.
(d) None of the above.

Q4. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 When an offer is accepted by a person to whom it is made, it becomes a promise. But this promise will become loyally binding only when the acceptance of the off er is unconditional.
Facts:
Ram makes an off er to sell his house to Shyam for Rs. 50,00,Shyam accepts this off er but wants to pay the price of the house in five quarterly instalments. 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 off er does not exclude the payment of price in instalments.
(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 off er which is not ultimately accepted by Ram.

Q5. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

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 off ers to buy that car for rupees one lac as the car was one which Anson has 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.

Q6. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 In order to be eligible to appear in the semester examination, student is required to attend, under all circumstances, at least 70% of the total classes held in that semester as per University rules.
Facts:
 Anand, an economically poor but a very brilliant student of LL.B., final semester, while going to his University by cycle received some leg injuries in road accident. Consequently, Anand could not attend his classes for one week as he was advised rest by his doctor for that period. Due to his absence from the University, Anand failed to have 70% attendance essential to appear in the examination and, therefore, he was debarred from appearing in the examination by the University authorities. Anand challenges this decision in the court of law.
(a) Anand will succeed in the court of law as the accident was beyond his control.
(b) Anand will definitely get favour of the court on humanitarian ground as he comes from an economically poor family and may not aff ord to take readmission.
(c) Anand will not succeed as he could very easily fulfil eligibility criteria for appearing in the examination by being reasonably regular in the class throughout the semester.
(d) Anand will succeed as requirement of 70% attendance may be declared arbitrary and, therefore, unreasonable by the court of law.

Q7. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 A seller of goods cannot transfer better rights than he himself possesses in the goods sold to the buyer.
Facts:
 Komat leaves his watch by mistake on a seat in the park. Sonal finds that watch and immediately sells the same for good price to Monal who without inquiring whether Sonal is its owner or not. Komal later on claims that watch from Monal. Decide whether Komal can succeed.
(a) Komal cannot succeed as Monal has paid good price of the watch.
(b) Komal cannot succeed as Monal is unaware of the fact that Sonal is not its owner.
(c) Komal cannot succeed as it was his carelessness and nothing else which enabled Sonal to sell the watch to Monal.
(d) Komal cannot succeed as Sonal is merely finder of the watch and, therefore, cannot transfer ownership rights thereon to Monal.

Q8. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 All citizens shall have the Fundamental Right to carry on any occupation, trade or business. But reasonable restrictions on the exercise of such rights can be imposed by law in the interest of the general public.
Facts:
 A large number of persons had been carrying on the business of dyeing and printing in Rajkot area for the last 25 years providing employment to about 30,000 families. From these business places untreated dirty water was being discharged on the roads thereby causing damage to the public health. A notice, therefore, was given to close this business till necessary measures to protect public health as provided under the environmental statutes were taken by those business men.
(a) Notice cannot be justified as it will cause loss of employment to 30,000 families.
(b) Notice cannot be justified as it amounts to violation of the Fundamental Right of the persons who have been carrying on the business for the last 25 years.
(c) The notice cannot be justified on the ground of damage to public health as the persons in that area have been voluntarily residing for long and have become used to that environment.
(d) The notice can be justified as the right to business is not absolute and reasonable restriction can be imposed by law in the interest of the public.

Q9. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 A contract cannot be enforced by or against a person who is not a party to it. However, where some benefit is conferred on third party by the contract itself, there third party can be allowed to enforce that contract to get such benefit.
Facts:
 Dinesh is liable to pay Rs. 50,000 to Suresh. In order to discharge this liability Dinesh enters into a contract with Ramesh by which Dinesh sells his car to Ramesh for Rs. 1,00,000. Ramesh takes the delivery of the car and promises/assures to pay its price at the earliest. Dinesh separately informs Suresh about this contract for his satisfaction. Ramesh fails to pay the car’s price. Suresh wants to join Dinesh in filing suit against Ramesh for the recovery of price of the car, whether Suresh is entitled to do so?
(a) Suresh is entitled to do so because the contract was made for his benefit.
(b) Suresh is entitled to do so because Dinesh is liable to him and discharge of this liability depends upon the payment of the price of the car by Ramesh.
(c) Suresh is not entitled to do so because liability of Dinesh does not depend upon any assurance of Ramesh.
(d) Suresh is not entitled to do so because he is not a party to the contract between Dinesh and Ramesh.

Q10. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 If a contract is made by post between two persons living in two diff erent cities, then the contract is said to be complete as soon as the letter of acceptance is properly posted, and the place of completion of the contract is that city where acceptance is posted. It is worth mentioning here that in every contract there is always an off er from one party and the acceptance of the off er from the other party.
Facts:
 Sani, a resident of Patna, gives an off er by post to sell his house for Rs. 25,00,000 to Hani, a resident of Allahabad. This off er letter is posted on 1st January 2013 from Patna and reaches Allahabad on 7th January 2013. Hani accepts this off er and posts the letter of acceptance on 8th January 2013 from Allahabad which reaches Patna on 16th January 2013. But Sani presuming that Hani is not interested in accepting his off er, sells his house to Gani at same price on 15th January 2013. Hani files a suit against Sani for the breach of contract in the competent court of Allahabad. Whether Hani will succeed?
(a) Hani cannot succeed as Sani cannot be compelled by law to wait for the answer from Hani for an indefinite period of time.
(b) Hani cannot succeed as he could use some other eff ective and speedy mode for communicating his acceptance in minimum possible time.
(c) Hani can succeed as he properly posted the letter of acceptance and the delay was beyond his control.
(d) Hani can succeed as contract became complete in the eyes of law on the date of posting the letter of acceptance.

Q11. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 He, who goes to the court of law to seek justice, must come with clean hands.
Facts:
 P enters into a contract with S under which S has to construct a house for P and has to complete the same within one year from the date of the control. This contract includes two very important terms. According to first term if there is price hike of the materials to be used in the construction, then the escalation charges at a particular rate shall be payable by P to S. According to second term if the construction of the house is not completed within the period prescribed for it, then S will have to pay penalty at a particular rate to P. Before the completion of the construction work the worker of S go on strike and strike continues up to three months even after the expiry of one year. After that period workers return and the construction work again starts. During the last three months period of strike there was a considerable rise in the price of the building material. S claimed escalation cost from P. P did not agree to it. S filed a suit in the court of law either to order the payment of the price of the building material on the basis of escalated price or to allow him to stop the work without incurring any penal liability towards P.
(a) S will succeed as strike by his workers was unexpected and beyond his control.
(b) S can succeed as there is an escalation clause in the contract.
(c) S can not succeed as he has failed to complete the construction work in time and strike cannot be treated as a valid excuse for delay in work.
(d) S can succeed if he pays penalty to P for delay.

Q12. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 If the object of an agreement is or becomes unlawful or immoral or opposed to public policy in the eyes of law, then the courts will not enforce such agreements. Law generally prohibits child labour.
Facts:
 P enters into an agreement with T by which P has to let his house to T for two years and T has to pay Rs. 20,000 per month to P as rent. T starts a child care centre in that house. But after some time in order to earn some money for the maintenance of the centre, T starts sending the children of the centre on the rotation basis to work for four hour a day in some nearby chemical and hazardous factories. When P comes to know about this new development, he asks T either to stop the children from working in factories or to leave his house immediately. T neither agrees to leave the house nor to stop the children from working in the factories. P files a suit in the court of law for appropriate relief/action.
(a) P cannot succeed as the agreement was for the two years and it cannot be terminated before the expiry of that period.
(b) P cannot succeed as the object at the time of making of the agreement was not clear.
(c) P will succeed as the object of the agreement has become unlawful.
(d) P will not succeed if T agrees to share the wages of the children with P.

Q13. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 Whosoever by his act or omission causes environmental pollution shall be held liable for any loss caused by such pollution, it shall be no defence in such cases that all due diligence or reasonable care was taken while carrying out the act or omission in question.
Facts:
 Hari is carrying on a chemical and fertilizer industry near a bank of a river. In order to prevent and control any kind of harm to the environment, suitable waste treatment and disposal plants were installed in the factory. Due to some sudden mechanical/technical problem, these plants ceased to work properly and, therefore, caused environmental pollution, which ultimately caused substantial harm to the environment and to the people living around the factory. Victims of such pollution file a suit for suitable remedy.
(a) Victims cannot succeed as necessary precautions to prevent any harm were taken by Hari.
(b) Victims cannot succeed as the mechanical/technical problem was sudden and therefore, beyond the control of Hari.
(c) Victims can succeed as it is the duty of Hari so that no harm is caused to the environment/people due to his activity under any circumstances.
(d) Victims could succeed if treatment/ disposal plant were not installed in the factory.

Q14. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 If a person transfers movable or immovable property with its full ownership and without any consideration to some other person, then it is called a gift.
Facts:
 S, who has no child of his own, makes a gift of his house worth Rs. 25,00,000 to his nephew R. After completing all the legal formalities required for a valid gift, S says to R that in case of need R will provide that house to S for use without any questions. R does not react to it. After one year of this gift, S really needs that house and request R to make the house available to him, but R refuses to do so.
(a) R cannot refuse as he got the house without paying any consideration for that.
(b) R cannot refuse as S is without children.
(c) R can refuse as he has become full owner of the house.
(d) R can refuse as he himself may be in need of that house.

Q15. Directions: Each question consists of legal propositions/principles and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle:
 An agreement to do an act impossible in itself cannot be enforced by a court of law.
Facts:
 Ramesh agrees with his girl friend Shilpa to pluck stars from the sky through his extraordinary will power, and bring them down on earth for her within a week. After the expiry of one week, Shilpa filed a suit for damages against Ramesh for the breach of contract as Ramesh failed to perform his promise.
(a) Shilpa can succeed in getting damages as Ramesh has deceived her.
(b) Ramesh cannot be held liable as he honestly believes that his love for Shilpa is true and, therefore, he will succeed in his endeavour.
(c) The court cannot entertain such suits as the act promised under the agreement is impossible in itself.
(d) Ramesh can be held liable for making an absurd promise.
 
1. (b) 2. (d) 3. (a) 4. (d) 5. (b) 6. (a) 7. (b) 8. (d) 9. (d) 10. (d) 11. (c) 12. (c) 13. (c) 14. (a) 15. (c)

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