Mock Tests CLAT Common Law Admission Test Mock Test 5 Part 10

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125. The relief provided India Its Specific Relief Act is

(a) discretionary

(b) mandatory

(c) statutory

(d) obligatory

Ans: (c)

126. In a suit for specific performance of contract the plaintiff can seek a relief only if he establishes that

(a) prima facie case is in his favour

(b) he was willing and ready to perform his part of the contract

(c) balance of convenience is in his favour

(d) he may suffer irreparable loss

Ans: (c)

127. Find out the correct statement. Specific Relief can be granted

(a) for enforcing individual a civil right and not for enforcing a penal law

(b) for enforcing penal law and not for enforcing civil rights

(c) only for enforcing penal law

(d) for enforcing civil rights and a penal law

Ans: (a)

128. The pre-requisite for the enforcement of directive principles of the State policy is

(a) an effective, hones government

(b) socialist government

(c) active opposition

(d) adequate resources

Ans: (d)

129. The Parliament can restrict or abrogate by law, fundamental rights with respect to

(a) the members of the armed forces

(b) the forces charged with the maintenance of public order

(c) the persons employed in any bureau or other organization established by the state for purpose of intelligence

(d) All of the above

Ans: (d)

130. The power of Supreme Court of India to decide the dispute between the Centre and States falls under its

(a) advisory jurisdiction

(b) appellate jurisdiction

(c) original jurisdiction

(d) constitutional jurisdiction

Ans: (c)

Directions (Q. Nos. 131 to 135) Given below is a statement of legal principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among the alternatives given.

131. Principle Damages cannot be claimed against a risk to which consent has been given. The principle does not apply to rescue cases.

Facts A and B brought tickets to have a view of a football match. During the course of the game a hand kick from one of the players caused the ball to hit A on his face, causing bleeding and nausea from nose. After half time the organizers allowed entry of more spectators, then the seating capacity of the stadium. In the resulting stampede C and D who were watching the match since the beginning got injured.

(a) A shall not be able to recover as by purchasing a seat in a football game he consented to all the risks of such watching

(b) A shall not be able to recover as he consented to the risk of the ball

(c) A shall be able to recover as he consented to watch the game not to be injured in it

(d) A shall be able to recover as the organizers failed to take precautions against the ball

Ans: (a)

132. Principle

(1) Any person may use reasonable force in order to protect his property or person.

(2) However, the force employed must be proportionate to the apprehended danger.

Facts A person walking at a night on a lonely road. A robber came with a knife and said to the person, “your life or your purse” . Person pulled out his revolver. On seeing it, robber ran. Person shot robber in his leg.

(a) Person will not be punished as the force he used was proportionate to the apprehended injury

(b) As robber ran to escape there was no longer a threat to person՚s property so person will be punished

(c) Person will not be punished as there was danger to his property

(d) Person will be punished as the force employed was disproportionate to the apprehended injury

Ans: (b)

133. Principle When any person dishonestly takes away moveable property out of the possession of any other person without his consent, he is guilty of theft.

Facts A finds a mobile on the road and he keeps it.

(a) A commit theft because he does not report to owner of the mobile

(b) A does not commit theft because the mobile was not taken away from the possession of any body

(c) A commit theft because he does not report to police

(d) None of the above

Ans: (b)

134. Principle An agreement is enforceable at law if parties competent to contract enter into it with free consent, for consideration. And the contract is not contrary to law and against public policy.

Facts A Minor enter into an agreement to sell his flat at Delhi for a sum of ₹ 10 lakhs. Minor՚s father is very annoyed with Minor at the transaction and does not allow to deliver. The buyer files a suit for a specific performance.

(a) The buyer will not succeed because A՚s father does not approve of the contract

(b) The buyer will succeed because A freely entered into the contract

(c) The buyer will not succeed because A is Minor

(d) The buyer will succeed because the agreement is with consideration

Ans: (c)