CLAT legal aptitude

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Question
CLATENLA12031523

Principle: Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the 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. A group of lawyers files a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.

  • No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law

  • The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law

  • The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.

  • None of these

Solution

C.

The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.

As per the constitution structure, court is the custodian of all fundamental rights.

Sponsor Area

Question
CLATENLA12031524

Principle: When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that person to such an act or abstinence, he is said to have made a proposal. Fact: “Ramanuj telegraphed to Shyam Sunder, writing: “Will you sell me your Rolls Royce CAR? Telegram the lowest cash price.” Shyam Sunder also replied by telegram: “Lowest price for CAR is Rs. 20 lakh.” Ramanuj immediately sent his consent through telegram stating: “I agree to buy the CAR for Rs. 20 lakh asked by you.” Shyam Sunder refused to sell the car.

  • He cannot refuse to sell the CAR because the contract has already been made.

  • He can refuse to sell the CAR because it was only invitation to offer and not the real offer

  • It was not a valid offer because willingness to enter into a contract was absent

  • None of these

Solution

B.

He can refuse to sell the CAR because it was only invitation to offer and not the real offer

Question
CLATENLA12031525

Principle: Every person, who is of the age of majority, is competent to contract according to the law to which he is subject.
Facts: A minor mortgaged his house in favour of Thakur Das, a money lender, to secure a loan of Rs. 20000. A part of this, i.e. Rs. 10500 was actually advanced to him. While considering the proposed advance, the attorney who was acting for the money lender, received information that the plaintiff was still a minor. Subsequently the minor commenced an action stating that he was underage when he executed the mortgage and the same should, therefore, be cancelled. He prayed for setting aside the mortgage. The mortgagee money lender prayed for the refund of Rs. 10500 from the minor

  • As a minor’s contract is void, any money advanced to a minor can be recovered.

  • A minor’s contract is void ab initio, any money advanced to a minor cannot be recovered.

  • A minor’s contract is voidable; any money advanced to a minor can be recovered

  • Advanced money can be recovered because minor has given wrong information about his age.

Solution

B.

A minor’s contract is void ab initio, any money advanced to a minor cannot be recovered.

Question
CLATENLA12031526

Principle: A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.
Facts: Mr. X who is usually of sound state of mind, but occasionally of unsound state of mind, enters into a contract with Mr. Y when he was of unsound state of mind. Mr. Y having come to know about this fact afterwards, wants to file a suit against Mr. X

  • Mr. X cannot enter into contract because he is of unsound state of mind when he entered into contract.

  • Mr. X can enter into contract but the burden is on the other party to prove that he was of unsound state of mind at the time of contract.

  • Mr. X can enter into contract but the burden is on Mr. X to prove that he was of sound state of mind at the time of contract

  • None of these

Solution

C.

Mr. X can enter into contract but the burden is on Mr. X to prove that he was of sound state of mind at the time of contract

Question
CLATENLA12031540

Principle: (1). The state shall not deny to any person equality before the law and equal protection of the laws within the territory of India. (2). The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex and place of birth or any of them.

Facts: The Government of Rajasthan, passed an order providing for reservations for the Scheduled Castes/ Scheduled Tribes and Socially and Educationally Backward Classes (including Muslims), and Women, in all institutions of higher education, including private educational institutions, both aided as well as unaided, in the following manner: Scheduled Caste- 15%; Scheduled Tribe- 7.5%, Socially and Educationally Backward Classes (including Muslims) - 27%


I. The reservation policy of the government is violative of the principle of equality envisaged in the Constitution
II. The reservation policy is unconstitutional because it is based on ‘caste’ which is a prohibited marker
III. Reservation does not violate equality clause as it entails “like should be treated like and unlike should be treated differently.”
IV. Reservation does not violate equality clause as the Constitution itself enables the State to make special provision for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.

  • I is correct

  • I and II are both correct answers

  • III is correct answer

  • III and IV both are correct answers

Solution

D.

III and IV both are correct answers