CLAT (Common Law Admission Test) 2018 MCQs Questions Answer Without Solution Paper Part 20

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Question 174

Legal Principle: An agreement entered into by way of a wager/bet is unenforceable in law.

Fact Situation: Thomas is very good at predicting outcomes of cricket matches. Raja and Hoja give him rupees thousand each to enable him to bet with others about the outcome of a cricket match. Thomas wins rupees three lakh after betting three thousand rupees.

Which of the following statements is the most appropriate in relation to the legal principle stated above?

A. Thomas must share rupees three lakh with Raja and Hoja equally.

B. Thomas must return rupees thousand each to Raja and Hoja.

C. Thomas need not share the three lakhs with Raja and Hoja since it is the outcome of an unenforceable agreement.

D. If Thomas does not pay them rupees two lakh each, Raja and Hoja can sue him to recover their share.

Question 175

Legal Principle: ‘Audi alteram partem’ is a Latin phrase which means ‘hear the other side’ It is the principle that no person should be judged without a fair hearing.

Fact Situation: Sanjay, in Delhi, is accused of theft and brought before the Court. The magistrate discovers that Sanjay is mute.

Which of the following statements is the most appropriate in relation to the legal principle stated above?

A. The principle is not applicable to Sanjay since he is mute.

B. The principle is applicable to Sanjay even though he cannot speak since he can be asked to write down his defence.

C. The Magistrate has to take all measures to understand what Sanjay has to convey about the accusation against him.

D. Since it is a Latin principle it is not applicable in India.

Question 176

Legal Principle: An essential condition in a contract for sale of goods is that the seller has title over the goods sold.

Fact Situation: Ranjan pays rupees two thousand and buys a watch from Mohit who runs a watch showroom and a repair shop. Jatin sees the watch with Ranjan and tells him that it is his watch and was only given to Mohit for repairs. If what Jatin says is true,

Which of the following statements is the most appropriate in relation to the legal principle stated above?

A. Ranjan is now the owner of the watch since he paid rupees two thousand for it.

B. Ranjan is not the owner of the watch since Mohit did not have a title to it.

C. Mohit must pay Jatin rupees two thousand since he sold Jatin՚s watch

D. Mohit is the owner of the watch since he sold it to Ranjan.

Question 177

Legal Principle: The insurer agrees to pay no more than the actual amount of the loss.

Fact Situation: Sunny insures his car worth rupees five lakh with X, an insurance company, for its value. He again insures the same car with Y, another insurance company, on the same terms. There is an accident and the car suffers a total loss. In his separate suits against X and Y, if Sunny recovers rupees five lakh from X, how much can he recover from Y?

Which of the following statements is the most appropriate in relation to the legal principle stated above?

A. Sunny can recover rupees five lakhs from Y.

B. Sunny cannot recover any amount from Y.

C. Sunny must pay Y, the rupees five lakhs he received from X.

D. Sunny cannot insure his car with both X and Y at the same time.

Question 178

Legal Principle: When there is an infringement of the legal right of a person, he gets a right to sue the wrongdoer for remedy irrespective of any actual loss caused.

Fact Situation: Saroj is prevented from voting at an election. The candidate she intended to vote for, wins the election.

Which of the following statements is the most appropriate in relation to the legal principle stated above?

A. Saroj՚s legal right has been violated and she can sue the persons who prevented her from voting.

B. Since Saroj՚s candidate has won the election; her rights are not violated and she cannot sue.

C. Since Saroj is not the candidate, her rights are not violated if she is prevented from voting.

D. This principle is not at all applicable in this case.

Question 180

Legal Principle: A product cannot be sold in shops to consumers after its date of expiry.

Fact Situation: Lata, while shopping, notices that the milk packets on the shelves are due for expiry on that day. She objects to this to the shopkeeper, saying that since she was there to buy milk for the next day, keeping the milk on its date of expiry was against the law.

Which of the following statements is the most appropriate in relation to the legal principle stated above?

A. Lata is right and the shopkeeper should take the milk packets off his shelves.

B. The shopkeeper should not sell the milk packets after the date of expiry is over.

C. The shopkeeper must remove the milk packets from the shelves and keep it refrigerated.

D. Milk is not a product and hence the principle is not applicable in this case.

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