Legal Studies: CUET Mock Test - 6 - CUET MCQ

Option (3) is correct as the intention of contract is not mentioned in the Contract Act. Section 11 is concerned with competency of parties. As per the Contract Act, the consideration should be real, not illusory. The object should be lawful.

Option (1) is correct: A contract under the Indian Contract Act, 1872 is not frustrated by mere commercial impossibility. Mere commercial impossibility will not excuse a party from performing the contract. Mere increased cost of performance or losing in a transaction does not make the contract impossible. A man is not prevented from performing his contract by mere economic unprofitableness.
Option (2) is incorrect: A contract stands frustrated by imposition of government restriction.
Option (3) is incorrect: A contract stands frustrated by destruction of subject matter.
Option (4) is incorrect: A contract stands frustrated by death or impossibility of party when contract is of the personal services.

When a contract is made by post, the acceptance is complete as soon as the letter is put into the post box, and that is the place where the contract is made. An interesting implication of the operation of the posting rule is that an acceptance is complete once the letter of acceptance is posted; it makes no difference whether the offeror actually receives the letter.

Section 58 in The Indian Contract Act, 1872
In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced. —In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced." Illustration A and B agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver to A either rice or smuggled opium. A and B agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver to A either rice or smuggled opium." This is a valid contract to deliver rice, and a void agreement as to the opium. This is a valid contract to deliver rice, and a void agreement as to the opium."
The same situation prevails as pistol is also void, one branch of which is legal and the other illegal, the legal branch alone can be enforced. The agreement to deliver wheat is valid, but the agreement is void as for the pistol.

A contingent contract is legal and valid. A contingent contract depends upon the happening or non-happening of a certain event. It is valid and enforceable at law.

The following are the cases where an offer lapses:

1. By revocation- An offer is revoked when it is retracted back by the offeror. An offer may be revoked, at any time before acceptance, by the communication of notice of revocation by the offeror to the other party [Sec. 6(1)].
2. By rejection- An offer lapses if it has been rejected by the offeree. The rejection may be express i.e., by words spoken or written, or implied. Implied rejection is one: (a) where either the offeree makes a counter offer or (b) where the offeree gives a conditional acceptance.
3. By counter offer- Sometimes a counter offer is made by the offeree. In such a case, the original offer automatically comes to an end as the counter offer amounts to a rejection of the original offer.

Section 30 of the Indian Contract Act talks about wagering agreements, which reads as "agreements by way of wager are void". The first thing essential to wager is that the performance of the bargain must depend upon the determination of an uncertain event. Uncertainty in the mind of the parties about the determination of the event in one way or other is necessary.
Therefore, both assertion and reason are correct.

A sum fixed beforehand as amount of compensation payable in the event of breach of contract may be a penalty or liquidated damages.
The amount fixed by all parties, which is a genuine estimate of the loss by a future breach of contract, is referred to as liquidated damages. Thus, all parties to the contract agree that the amount is fair compensation for the breach.
When the amount fixed by all parties is unreasonable or used to force the performing party to fulfill the obligation, then it is a penalty. In such cases, the amount is disregarded and the suffering party cannot claim more than the actual loss.

In the case of Carlill v. Carbolic Smoke-Ball Co. (1893) 1 QBD 256, it was held that the legitimate expectation of a party to a contract and a breach thereof shall constitute a valid cause of action in law, provided that the aggrieved party to that contract had relied and acted upon that implied term.

A general offer is one that is made to the public at large. It is not made any specified parties. So any member of the public can accept the offer and be entitled to the rewards/consideration. In cases of general otter, for a valid contract, the acceptor need not have the knowledge of the offer.

Articles 20 and 21 cannot be suspended during national emergency. Article 20 gives protection in respect of conviction for offences and Article 21 states that no person shall be deprived of his life or personal liberty, except according to procedure stated by law.
The right to protection in respect of conviction for offences (Article 20) and the right to life and personal liberty (Article 21) remain enforceable even during emergency period.

The Directive Principles of State Policy are guidelines or principles given to the central and state governments of India, to be kept in mind while framing laws and policies. These provisions, contained in Part IV of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country. Thus, both the statements are true.

The right to property is not a Fundamental Right but it is a constitutional right. In the original Constitution, the right to property was listed as a fundamental right. By the 44th Amendment to the Constitution, the right to property was removed as a fundamental right and instead, a new provision was added to the Constitution i.e. Article 300-A making it a constitutional right. According to Article 300A, 'No person shall be deprived of his property save by authority of law.'

• Article 39A of the Constitution of India deals with equal justice and free legal aid.
• Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all.
• Articles 14 and 22(1) of the Constitution also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all.

Option (1) is incorrect: No such provision is there in the Preamble to our Constitution.
Option (2) is incorrect: No such provision is there in the Preamble to our Constitution.
Option (3) is incorrect: No such provision is there in the Preamble to our Constitution.
Option (4) is correct: The starting words of the Preamble are: "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India..."
​​​​​​​So, the solemn resolution in the Preamble to our Constitution is made in the name of People of India.

India has given the "Right to Freedom of Religion" but the said right of conversion is only to be exercised under free will and not under influence of money. In Stanislaus vs Madhya Pradesh, 1977 SCR (2) 611, the Supreme Court of India considered the issue whether the fundamental right to practise and propagate religion includes the right to convert, held that the right to propagate does not include the right to convert and therefore, upheld the constitutional validity of the laws enacted by Madhya Pradesh and Orissa legislatures prohibiting conversion by force, fraud or allurement.

Part IV of the Constitution deals with the Directive Principles of State Policy. The purpose of Directive Principles of State Policy is to lay down positive instructions which would guide State Policy at all levels. The Directive Principles are covered from Article 36 to Article 51 in the Constitution. The provisions contained in this Directive Principles cannot be enforced by any court, but these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Fundamental duties are non-enforceable, like DPSP, but the Indian Constitution commands the citizens of India to follow the fundamental duties, as held in the case of K. R. K. Vara Prasad vs. Union of India, AIR, 1980, A.P.
Fundamental duties are statutory duties, and shall be enforced by enacting appropriate law for the purpose.

Practising untouchability is a violation of a constitutional right under Article 17 of the Constitution. According to Article 17 of the Constitution, Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law.

The term Justice in the Preamble embraces three distinct forms: social, economic and political, secured through various provisions of the Fundamental and Directive Principles.
Social justice in the Preamble means that the Constitution wants to create a more equitable society based on equal social status. Economic justice means equitable distribution of wealth among the individual members of the society, so that wealth is not concentrated in a few hands. Political justice means that all citizens have equal rights in political participation. Indian Constitution provides for universal adult suffrage and equal value for each vote.

Giving effect to the Chamier Committee recommendations, the Central Legislature enacted the Indian Bar Councils Act, 1926. The Act provided for the Constitution and incorporation of Bar Councils, to confer powers and impose duties on the Bar Councils and to consolidate the regulations pertaining to the legal profession.

The Bengal Regulation VII of 1793 created for the first time, a regular legal profession in the Company's Courts. The Regulation was for the appointment of vakils or native pleaders in the Courts of Civil Judicature (Sadar Diwani Adalat) in Bengal, Bihar and Orissa.

Legal profession in India is regulated by Advocates Act, 1961. The Advocates Act of 1961 amended and consolidated the law relating to legal practitioners and provided for the constitution of the State Bar Councils and an All-India Bar - the Bar Council of India as its apex body.

In the United States, students after completing a four-year undergraduate degree in any discipline, write the Law School Admission Test (LSAT) exam. Thereafter, they can apply to a law school and enrol in a three-year J.D. (Juris Doctor) programme. The pedagogical method adopted in law schools involves the case study method as well as the Socratic method.

The Bar Council of India consists of members elected from each State Bar Council, and the Attorney General of India and the Solicitor General of India are ex-officio members. The members from the State Bar Councils are elected for a period of five years. The Council elects its own chairman and vice-chairman for a period of two years from amongst its members.

The Model Rules set forth professional standards governing the practice of law. The Model Code of Professional Responsibility, 1969 and the newer Model Rules of Professional Conduct, 1983 have been adopted in 49 states of the US. Most states have adopted the Model Rules, though with some modifications. California is currently the only state that has not adopted these Model Rules.

An Advocate's duties towards the client include being bound to accept briefs, not to withdraw from service, not to appear in matters where he/she is a witness, not to suppress material or evidence. An Advocate also has to maintain client confidentiality and not to instigate litigation or to charge contingency fee (fee depending on success or favourable result of matters). There is a general duty to ensure that his/her duties do not conflict with the client's interests. An Advocate is also expected not to negotiate directly with the opposing party (only through the opposing advocate) and to carry out legitimate promises made.

The Bar Council of India is a statutory body established under the section 4 of Advocates Act 1961 that regulates the legal practice and legal education in India. Its members are elected from amongst the lawyers in India and as such represents the Indian bar. It prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards for legal education and grants recognition to universities whose degree in law will serve as a qualification for students to enroll themselves as advocates upon graduation

'C' was dead at the time when the contract was made. The contract cannot be formed and therefore it is void ab initio. The term 'void ab initio' means to be treated as invalid from the outset.

As the insolvent or dead persons cannot continue the contract, the contract is discharged due to impossibility of performance.