CLAT (Common Law Admission Test) 2019 MCQs Questions Answer with Solution Paper Part 20

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Question 156

Principle: Property consists of right to possess, right to use, right to alienate and right to exclude others. Sale is complete when property gets transferred from the seller to the buyer.

Facts: A′ sold his car to B′ B requested A to keep the car in his care on behalf B for one month. A agreed.

A. Sale of car is complete.

B. Sale of car is not complete.

C. Sale will be completed when B keeps the car in his own care.

D. Sale will be automatically completed after the expiry of one month.

Question 157

Principle: A person, who is usually mad, but occasionally not mad, may make a contract when he is not mad.

Facts: A′ generally remains in the state of madness and rarely becomes capable of understanding anything.

A. A can make a contract.

B. A can never make a contract.

C. A can make a contract at any time whenever he pleases.

D. A can make a contract only for his own benefit.

Question 158

Principle: An agreement without free consent can be enforced only at the option of the party whose consent was not free.

Facts: A obtains the consent of B to enter into an agreement by putting a gun on the head of B՚s girlfriend.

A. B can enforce the agreement.

B. B cannot enforce the agreement.

C. A can enforce the agreement.

D. Neither A nor B can enforce the agreement.

Question 159

Principle: Where one of the parties to a contract was in position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate decision of the other party.

Facts: A doctor asked his patient to make a payment of ₹ 10,00, 000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of ₹ 5,00, 000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.

A. The contract is enforceable against the doctor.

B. The contract is enforceable against the patient.

C. The contract is not enforceable.

D. The contract is not enforceable against the patient.

Question 160

Principle: When, at the desire 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.

Facts: X, the uncle of Y, made a promise to pay him an amount of ₹ 1,00, 000/- as reward if Y quits smoking and drinking within one year. Y quit smoking and drinking within six months.

A. Consideration has moved from the side of X.

B. Consideration has moved from the side of Y.

C. No consideration has moved from the side of Y.

D. Quitting smoking and drinking cannot be a consideration.

Question 161

Principle: Law never enforces an impossible promise.

Facts: A′ made a promise to B′ to discover treasure by magic.

A. Law will enforce the promise.

B. Law will not enforce the promise.

C. Law will enforce the promise only at the option of A

D. Law will enforce the promise only at the option of B

Question 162

Principle: When a person who has made a promise to another person to do something does not fulfill his promise, another person becomes entitled to receive, from the person who did not fulfill his promise, compensation in the form of money.

Facts: X made a promise to Y to repair his car engine. Y made the payment for repair. After the repair, Y went for a drive in the same car. While driving the car, Y met with an accident due to bursting of the tyre.

A. X will be entitled to receive compensation from Y in the form of money

B. Y will be entitled to receive compensation from X in the form of money

C. X will not be entitled to receive compensation

D. Y will not be entitled to receive compensation from X