You are here
Home > Uncategorized > CLAT Legal Aptitude Questions

CLAT Legal Aptitude Questions

Q1. 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 an agreement, a condition subsequent must be complied with, to claim the benefit of that agreement.
Facts:
 A agrees to transfer a farm to B, provided that, if B does not go to England within three years after the date of the agreement, his interest in the farm shall cease. B does not go to England within the term prescribed.
(a) B’s interest in the farm continues.
(b) B’s interest in the farm does not continue.
(c) B has a fundamental right to go to England or not to go to England and hence the condition was illegal.
(d) The agreement between A and B was void.

Q2. 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:
 Existence of all the alleged facts is relevant whether they occurred at the same time and place or at diff erent times and places.
Facts:
 A, a permanent resident in a foreign country who never visited India, is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked and prisons are broken open.
(a) The existence of all the above mentioned alleged facts is relevant.
(b) Only the alleged fact that A is accused of waging war against the Government of India is relevant.
(c) The fact that A was a permanent resident in a foreign country who never visited India is not relevant.
(d) Only the alleged fact of taking part by A in armed insurrection is relevant.

Q3. 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:
 Whoever desires any court to give judgement about any legal right or liability which depends on the existence of those facts which he asserts, must prove that those facts exist.
Facts:
 A asserts that B, C and D have committed an off ence of criminal conspiracy and therefore A desires a Court to give judgment that B, C and D shall be punished for that crime which A says B, C and D have committed.
(a) A must prove that B, C and D have committed the crime.
(b) B, C and D must prove that they have not committed the crime.
(c) A must prove that B, C and D were present at the place of crime.
(d) Police must prove that B, C and D have committed the crime.

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:
 The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.
Facts:
 X and Y married on 15th January 1995. Y, the wife of X, never left her parental home and never went to her husband’s home. A boy was born to Y on 15th July 1995. For the court:
(a) There shall be a conclusive proof that the boy is the legitimate son of X.
(b) There shall be no conclusive proof that the boy is the legitimate son of X.
(c) There shall be a conclusive proof that the boy is the illegitimate son of X.
(d) There shall be no evidence at all.

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:
 An unlawful interference with a person’s use or enjoyment of land, or same right over, or in connection with it, is a nuisance in law of tort.
Facts:
 During the scarcity of onions, long queues were made outside the defendant’s shop who having a license to sell fruits and vegetables used to sell only 1 kg of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighbouring shops. The neighbouring shopkeepers filed a suit for nuisance against the defendant.
Which one of the following decisions will be correct in this suit?
(a) The defendant is liable for nuisance.
(b) The defendant is not liable for nuisance.
(c) The defendant is liable under the principle of strict liability.
(d) The plaintiff ’s suit should be decreed in favour of the neighbouring shopkeeper.

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:
 Every agreement in restraint of the marriage of any person, other than a minor, is void.
Facts:
 Qadir Khan died in a road accident. Two co-widows, Sultana and Marjina enter into an agreement that if any of them will remarry, would forfeit her right to her share in the deceased husband’s property.
(a) The agreement is void because it was restraint of marriage.
(b) The agreement is not void because no restraint was imposed upon either of two widows for remarriage.
(c) The restraint was partial so agreement is valid.
(d) None of the above.

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:
 Nothing is an off ence 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 Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast 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 risk of running down a boat C with only two passengers on board, which he may possibly clear. Whether Sharman has committed an off ence?
(a) Shnrmnn has committed no off ence because this was done out of necessity.
(b) Sharman can be held responsible for the act of criminal negligence.
(c) Sharman can be held responsible for culpable homicide.
(d) This is a clear case of accident so Sharman cannot be held responsible.

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:
 Only the Parliament or the State Legislatures have the authority to enact laws on their own. No law made by 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. The group of lawyers filed a writ petition against the Parliament for enacting such law and requests the court to quash the law and to direct the Parliament to make a new law.
(a) No writ would lie against the Parliament, as the Court has no authority to direct the Parliament to enact or re-enact a law.
(b) The Court can quash the existing law if it violates fundamental right and can direct to make a new law.
(c) The Court can quash the existing law if it violates fundamental right but cannot direct the Parliament to make a new law.
(d) None of these.

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. Assume principles to be true for the purposes of this section.

Principle:
 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. The expression of willingness/desire results in a valid proposal only when it is made/ addressed to some person(s).
Facts:
 ‘X’ makes the following statement in an uninhabited hall: ‘I wish to sell my mobile phone for Rs. 1,000.’
Which of the following derivations is CORRECT?
(a) ‘X’ made a statement that resulted in a promise
(b) ‘X’ made a statement that resulted in a proposal
(c) ‘X’ made a statement that did not result in any proposal
(d) ‘X’ made a statement that resulted in an agreement

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. Assume principles to be true for the purposes of this section.

Principle:
 A proposal (offer) should be made with an intention that after its valid acceptance, a legally binding promise or agreement will be created. The test for the determination of such intention is not subjective, rather it is objective. The intention of the parties is to be ascertained from the terms of the agreement and the surrounding circumstances under which such an agreement is entered into. As a general rule, in the case of arrangements regulating social relations, it follow as a matter of course that the parties do not intend legal consequences to follow. On the contrary, as a general rule, in the case of arrangements regulating business affairs, it follows as a matter of course that the parties intend legal consequences to follow. However, the above rules are just presumptive in nature, and hence, can be rebutted.
Facts:
 One morning while having breakfast, ‘X’, the father, says to ‘Y’ (X’s son), in a casual manner, ‘I shall buy a motorbike for you if you get through the CLAT.’
Which of the following derivations is CORRECT?
(a) ‘X’ made a statement that resulted in an enforceable promise
(b) ‘X’ made a statement that resulted in a valid proposal
(c) ‘X’ made a statement that resulted in an enforceable agreement
(d) ‘X’ made a statement that did not result in any enforceable agreement

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. Assume principles to be true for the purposes of this section.

Principle:
 Acceptance (of offer) must be communicated by the offeree to the offeror so as to give rise to a binding obligation. The expression ‘by the offeree to the offeror’ includes communication between their authorised agents.
Facts:
 ‘X’ made an offer to buy Y’s property for a stipulated price. ‘Y’ accepted it and communicated his acceptance to ‘Z’, a stranger. Which of the following derivations is CORRECT?
(a) Y’s acceptance resulted in an agreement
(b) Y’s acceptance did not result in any agreement
(c) Y’s acceptance resulted in a contract
(d) Y’s acceptance resulted in a promise

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. Assume principles to be true for the purposes of this section.

Principle:
 Acceptance should be made while the offer is still subsisting. The offeror is free to retract his offer at any time before his offer gets accepted by the offeree. Once the offer is withdrawn or is lapsed, it is not open to be accepted so as to give rise to a contract. Similarly, if a time is prescribed within which the offer is to be accepted, then, the offer must be accepted within the prescribed time. And, if no time is prescribed, then, the acceptance must be made within a reasonable time. ‘What is a reasonable time’, is a question of fact which is to be determined by taking into account all the relevant facts and surrounding circumstances.
Facts:
 ‘X’ makes an offer to ‘Y’ to sell his equipment for Rs. 1,000.00. No time is specified for the acceptance. ‘Y’ sends his reply two years after receiving the offer.
Which of the following derivations is CORRECT?
(a) There arises a contract between ‘X’ and ‘Y’ to sell/buy the equipment in question for Rs. 1,000.00
(b) There does not arise any contract between ‘X’ and ‘Y’ to sell/buy the equipment in question for Rs. 1,000.00
(c) ‘X’ is bound by his offer, and hence, cannot reject the acceptance made by ‘Y’
(d) There arises a promise by ‘Y’ to buy the equipment

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. Assume principles to be true for the purposes of this section.

Principle:
 Minor’s agreement is void from the very beginning. It can never be validated. It cannot be enforced in the court of law.
Facts:
 ‘A’, a boy of 16 years of age, agrees to buy a camera from ‘B’, who is a girl of 21 years of age.
Which of the following derivations is CORRECT?
(a) There arises a contract between ‘A’ and ‘B’ to sell/buy the camera in question
(b) There arises an enforceable agreement between ‘A’ and ‘B’ to sell/buy the camera in question
(c) There does not arise any contract between ‘A’ and ‘B’ to sell/buy the camera in question
(d) There arises a voidable contract between ‘A’ and ‘B’ to sell/buy the camera in question

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. Assume principles to be true for the purposes of this section.

Principle:
 A contract which is duly supported by real and lawful consideration is valid notwithstanding the fact that the consideration is inadequate. The quantum of consideration is for the parties to decide at the time of making a contract, and not for the courts (to decide) when the contract is sought to be enforced. An agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate; but the inadequacy of the consideration may be taken into account by the Court in determining the question whether the consent of the promisor was freely given.
Facts:
 ‘A’ agrees to sell his mobile phone of Rs. 20,000/- for Rs. 100/- only to ‘B’. A’s consent is freely given.
Which of the following derivations is CORRECT?
(a) There is a contract between ‘A’ and ‘B’
(b) There is no contract between ‘A’ and ‘B’ because consideration is not adequate
(c) There is no contract between ‘A’ and ‘B’ because a mobile phone worth Rs. 20,000/- cannot be sold for just Rs. 100/-
(d) None of the above.

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. Assume principles to be true for the purposes of this section.

Principle:
 The consideration or object of an agreement is unlawful if it is forbidden by law. Every agreement of which the object or consideration is unlawful is void.
Facts:
 ‘X’ promises to pay ‘Y’ Rs. 50,000, if he (‘Y’) commits a crime. ‘X’ further promises to indemnify him (‘Y’) against any liability arising thereof. ‘Y’ agrees to act as per X’s promise.
Which of the following derivations is CORRECT?
(a) There is a contract between ‘X’ and ‘Y’
(b) There is an agreement between ‘X’ and ‘Y’ which can be enforced by the court of law
(c) There is an agreement between ‘X’ and ‘Y’ which cannot be enforced by the court of law
(d) There is a voidable contract between ‘X’ and ‘Y’
 
1. (b) 2. (d) 3. (a) 4. (b) 5. (a) 6. (a) 7. (d) 8. (c) 9. (c) 10. (d) 11. (b) 12. (b) 13. (c) 14. (a) 15. (c)

Top
error: Content is protected !!