(Paper) CLAT UG Question Paper 2019 : Legal Aptitude (Series C)



(Paper) Previous Year Question Paper (BA LLB) - 2019



This section consists of fifty (50) questions. Each question consists of legal principle(s) (hereinafter referred to as 'principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the mostreasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question.Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion‘ arrived at may be absurd or
unacceptable for any other reason.

1. Principle:Acceptance of proposal must be the exact mirror image of the proposal.
Facts: 'A‘ made a proposal to 'B‘ to sell a chair for Rs. 500. 'B‘ is desirous of buying the said chair for Rs. 400.
(A) B has accepted the proposal of A.
(B) B has not accepted the proposal of A.
(C) It is not clear if B has accepted the proposal of A.
(D) It is not clear whether A made a proposal to B.

2. Principle:An agreement  with a boy below the age of eighteen years is not enforceable by law.
Facts: A man entered into an agreement with a girl of seventeen years of age.
(A) The agreement is enforceable by law.
(B) The agreement is not enforceable by law.
(C) The agreement is enforceable by the girl.
(D) No inference can be drawn.

3. Principle:Sale of liquor is illegal. All agreements relating to prohibited items do not exist in the eyes of law.
Facts: 'A‘ entered into an agreement with 'B‘ for the sale of liquor. 'A‘ failed to supply the agreed quantity of liquor to B.
(A) B can bring a legal action against A.
(B) B cannot bring any legal action against A.
(C) A can bring a legal action against B.
(D) A and B can initiate appropriate legal proceeding against each other.

4. Principle:The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.
Facts: 'A‘ sent a letter making a proposal to 'B‘ to purchase the house of B.
(A) The communication of proposal is complete when A sent the letter.
(B) The communication of proposal is complete when B‘s wife received it.
(C) The communication of proposal is complete when B‘s wife handed over the letter to B.
(D) The communication of proposal is complete when B reads the letter.

5. Principle:An agreement may be entered into orally, in writing, or by conduct.
Facts: 'A‘ went to the shop of 'B‘ and picked a tooth brush and gave a cheque of Rupees twenty to B and left the shop.
(A) A entered into an agreement with B.
(B) A did not enter into an agreement with B.
(C) Payment of tooth brush cannot be made through a cheque.
(D) A should have carried a currency note of Rupees twenty to make the payment.
 
6. Principle:Property consists of right to posses, right to use, right to alienate and right to exclude others. Sale is complete when property gets transferred from the seller to he 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. 

7. 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.

8. 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 girl friend.
(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.

9. 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 Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 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. 

10. 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 Rs. 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.

11. 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.
 
12. 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 

13. Principle:Whoever takes away any moveable thing from the land of any person without that person‘s consent is said to commit theft.
Facts: During his visit to the home of C, A asks B, the son of C, to accompany A to a forest. Neither A nor B inform C in this regard. B accompanies A to the forest. 
(A) A has committed theft.
(B) A has not committed theft.
(C) A has committed theft as soon as he entered the home of C.
(D) A has not committed theft till B did not accompany him.

14. Principle:Nothing is an offence if it is done in good faith for the purpose of preventing or avoiding greater harm or damage to person or property.
Facts: A jumps into a swimming pool to save a boy from drowning. While pulling the boy from water A was hit by C. A left the boy in the water and attacked C. The boy died in the water.
(A) A has not committed the offence of killing the boy.
(B) A has committed the offence of killing the boy.
(C) The boy has committed the offence of suicide.
(D) The boy has committed the offence of drowning.

15. Principle:Causing of an effect partly by an act and partly by an omission is an offence.
Facts: A did not provide any food to his daughter D. He also confined D in a room.Consequently, D died.
(A) A committed the offence of not providing food to D.
(B) A committed the offence of confining D.
(C) A committed the offence of killing D.
(D) A committed no offence.

16. Principle:Nothing is an offence which is done in the  exercise of the right of private defence.Nothing is an offence which is done in madness.
Facts: A, under the influence of madness, attempts to kill B. B to save his life kills A.
(A) A has committed the offence of attempt to murder
(B) A has committed an offence of being mad
(C) B has committed an offence
(D) B has not committed an offence

17. Principle:A man is guilty of not only for what he actually does but also for the consequences of his doing.
Facts: A wanted to kill the animal of B. He saw B standing with his animal and fired a gun shot at the animal. The gun shot killed B.
(A) A is guilty of killing B.
(B) A is not guilty of killing B.
(C) B is guilty of standing with the animal.
(D) A did not know that the gun shot will kill B.

18. Principle:Mere silence as to facts likely to affect the decision of a person to enter into a contract is not fraud.
Facts: A sells to B (A‘s daughter who is a minor) a horse which A knows to be unsound.A says nothing to B about the unsoundness of the horse.
(A) A has committed fraud
(B) A has committed no fraud
(C) There cannot be a contract between a father and daughter
(D) The daughter did not ask therefore the father did not tell, hence no fraud

19. Principle:Whoever attempts to commit the offence of cheating, commits an offence.
Facts: A with an intention to defraud B, obtains from him an amount of Rs. 500.
(A) A has committed no offence
(B) A has committed the offence of cheating
(C) A has attempted to commit the offence of cheating
(D) A has attempted to commit and has committed the offence of cheating

20. Principle:Whoever by words publishes any imputation concerning any person is said to defame that person.
Facts: During a marriage ceremony, A circulated a pamphlet saying sister of the bride 'S‘ is a thief, she has stolen the shoes of the bridegroom.
(A) A defamed S 
(B) A did not defame S
(C) A defamed the bridegroom
(D) A defamed the bride

21. Principle:An employer is liable for an injury caused to an employee in the course of the employment.
Facts: 'A‘ and 'B‘ were working in a factory as unskilled laborers. A was carrying a basket of stones on his head. B was sitting on the ground. When A crossed B, all of a sudden a stone fell down from the basket and hit B on his head. B died instantaneously.
(A) The employer will be liable
(B) The employer will not be liable
(C) A will be liable
(D) Both employer and A will be liable

22. Principle:Damages the money recompense, as far as money can do, for the loss suffered by a person.
Facts: A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voter‘s list. A has also reported at the polling booth in time. However, the candidate in whose favor A would have cast his vote won the election. A filed a suit claiming damages.
(A) A will be entitled to damages
(B) A will not be entitled to damages
(C) A will be entitled to only nominal damages
(D) A will be entitled to exemplary damages 

23. Principle:When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the other party shall not put an end to the contract.
Facts: A engaged B on April 12 to enter his service on June 1, but on May 11, A wrote to B that his services would not be needed. On May 22, B joined C for employment.
(A) B cannot put the contract to an end.
(B) B can put the contract to an end.
(C) C can put his contract with B to an end.
(D) A must pay damages to B. 

24. Principle:Everyone shall be permitted to take advantage of his own wrong.
Facts: A legatee was heavily drunk and driving his car at a speed of 100 Km/per hour in a crowded market. All of a sudden his testator came on the road. There were other people on the road at that time. The car driven by  legatee hit the testator and four other persons. All the five persons hit by the car died.
(A) The legatee can take the benefit under the will
(B) The legatee cannot take the benefit under the will
(C) The legatee will be punished
(D) The property of the testator will go to his heirs

25. Principle: Property can be transferred only  by a living person to another living person.
Facts: 'A‘ transfers property of which he is the owner in favor of the unborn child of B.
(A) Property has been transferred to the unborn child
(B) Property has been transferred to B
(C) Property has not been transferred to the unborn child
(D) Property will be transferred to the unborn child after his birth 

26. Principle:An interest created, dependent upon a condition fails, if the fulfillment of the condition is impossible.
Facts: A promises to pay Rs. Ten Lakh to B on condition that he shall marry A‘s daughter C. At the date on which A gave Rs. Ten Lac to B, C was dead. 
(A) B‘s interest fails
(B) B‘s interest fails because of immorality
(C) B‘s interest fails because of prohibition by law
(D) B‘s interest does not fail 

27. Principle:A condition must be complied with after the happening of the event to which such a condition is attached.
Facts: A promises to pay Rs. 5,000 to B on the condition that he shall marry with the consent of C, D and E. B marries without the consent of C, D and E, but obtains their consent after the marriage.
(A) B has fulfilled the condition
(B) B has not fulfilled the condition
(C) The condition is illegal
(D) B must divorce his wife 

28. Principle:A condition must be complied in order to claim the benefit of an agreement.
Facts: A agrees to transfer a farm to B, if B shall 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 is illegal
(D) The agreement between A and B is void 

29. Principle:Existence of all the alleged facts is relevant whether they occurred at the same time and place or at different times and places.
Facts: A, a citizen of England, is accused of committing murder of B in India by taking part in a conspiracy hatched in England.
(A) The facts that A a