Legal Studies: CUET Mock Test - 10 - CUET MCQ

Following are the requirements for an acceptance:

• Must necessarily be by the person to whom the offer was made
• Must be in the form prescribed by the offeror
• Must be a conscious response to the offer
• Must be unqualified (It must be a complete and unequivocal assent to every element of the offer)

The display of articles in a showroom, indicating their prices, amounts to invitation to an offer. The purpose of displaying the articles is to invite people to make an offer. An invitation to offer is not an offer but an indication of a person's willingness to negotiate a contract.

Explanation to Section 17 of the Indian Contract Act clearly states that mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence, is, in itself, equivalent to speech.
Thus, option 3 is the answer.

Consideration is a benefit to each party that has entered into a contract. A nudum pactum may be in verbal or written form. These agreements have no legal action, since they are naked contracts, i.e. without consideration. This means that the agreements do not fall within the specific categories of agreements that can provoke legal action. However, an agreement may create a modification of or exception to an obligation already in effect.

In the given situation, Robert has misrepresented the mileage of the car to induce Daniel into buying the car. Thus, the contract is voidable at the option of Daniel due to misrepresentation of Robert. Section 18 of the Indian Contract Act, 1872 deals with this situation. The valid contracts are all those contracts when all parties agree to the agreement (after an offer has been made by one party and accepted by the other). Something of value must be exchanged, such as cash, services or goods (or a promise to exchange such an item) for something else of value.

The agreement with a minor during his period of minority is void ab initio. Also, a promise by a minor to bind himself, on a contract entered during his minority, on attaining majority does not hold good as a minor's agreement cannot be ratified by him on attaining majority.
Therefore, a person aged 17 years and 11 months who made an agreement to take a loan from some other person and promises to bind himself on attaining the age of 18 years is void ab initio.
Hence, option 3 is correct.

In the present case, the contract is void as the consideration of the same i.e. kidnapping of child is unlawful. No obligations arise out of a void contract. Section 24 of the Indian Contract Act, 1872 states that a contract, whose object or consideration is unlawful, is void. The valid contracts are all those contracts when all parties must be in agreement (after an offer has been made by one party and accepted by the other). Something of value must be exchanged - such as cash, services or goods (or a promise to exchange such an item) - for something else of value.

Novation means substitution of new contract in place of an old one.
Alteration means changing one or more terms of the contract.

Fiduciary relationship is a relationship in which one party places in special trust, confidence, and reliance and is influenced by another who has a fiduciary duty to act for the benefit of the party.
A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence.

Promise can be made for the past consideration, present consideration and future consideration.

Meaning of procedure established by law grew slowly by Supreme Court, specially in the interpretation of Article 21. With the observation of Maneka Gandhi v. Union of India 1978, Kartar Singh v. State of Punjab 1994, Jolly George Varghese v. Bank of Cochin 1980, Francis Coralie v. Delhi 1981, etc. cases, now it is established that for the deprivation of a person's life and personal liberty, Article 21 is required to fulfil all the mentioned conditions.

It was held by the Supreme Court of India that Preamble was not a part of the Constitution in the case of Berubari Union and this has been overruled in the case of Kesavananda Bharati. Berubari case overlooked the motion adopted by the Constituent Assembly which stated that the Preamble stands as a part of the Constitution. The error came to be corrected in Kesavananda Bharati case where the majority of the Judges specifically ruled that the Preamble was as much a part of the Constitution as any other provision therein.
So, option 1 is the correct answer.

Secularism in India means equal treatment of all religions by the State. According to the Indian Constitution, there is no official religion of India, but it treats all religions equally. There should be equal freedom of religion to all persons, and no one shall be criminalised or favoured based on religion. However, the statement given under (R), i.e. 'Secularism means separation of religion from politics', is the western concept. But, instead of separating religion from politics, the Indian Constitution emphasises more on the equality of religions. Therefore, (R) is wrong.

The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) the National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for Scheduled Tribes (NCST) w.e.f. 19 February, 2004.

Article 14 of the Constitution of India provides for equality before the law and equal protection within the territory of India and prohibits discrimination on grounds of religion, race, caste, sex or place of birth, or any of them. Further, Article 13 talks about the laws inconsistent with or in derogation of the Fundamental Rights. Article 16 talks about equality of opportunity in matters of public employment. Article 19 talks about protection of certain rights regarding the freedom of speech, etc.

Article 43A of the Constitution of India deals with participation of workers in the management of industries and falls under Part IV - Directive Principles of State Policy.
The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.

The Preamble to the Constitution of India declares that India is a secular country. The term secularism refers to the governmental practice of indifference towards religion. Secular politics attempt to prevent religious philosophies or bodies from influencing governmental policies. The philosophy that the Indian constitution upholds is a kind of secular humanism made relevant through a historical development of the ideology within the context of religious pluralism in India.

The distinction between DPSP and Fundamental Rights is that the Fundamental Rights can be enforced in the Court of Law, i.e. in case if the right is infringed we can approach the courts to enforce it. However, DPSP are not enforceable.

Rights under Article 19 of the Constitution are available to citizens only and it reads as all citizens shall have the right to freedom of speech and expression, to assemble peaceably and without arms, to form associations or unions, to move freely throughout the territory of India, to reside and settle in any part of the territory of India, to practise any profession, or to carry on any occupation, trade or business.
These all right are available to all citizens.

B. R. Ambedkar called 'Article 32' of the Indian Constitution, i.e. Right to Constitutional remedies as 'the heart and soul of the Constitution'. It was acknowledged because mere declaration of the fundamental right without an effective machinery for enforcement of the fundamental rights would have been meaningless.

French administrative law is known as Droit Administratif, which means a body of rules which determines the organization, powers and duties of public administration and regulates the relation of the administration with the citizen of the country.

Both constitutional law and administrative law are parts of the public law which shows that constitutional law is the mother of administrative law and it cannot be totally separated from each other. Administrative law is subordinate to constitutional law. While the constitution touches all branches of law and deals with general principles relating to the organization and power of the various organs of the state, administrative law only deals with the powers and functions of the administrative authorities.

Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. Administrative law as a law is limited to concerning powers and procedures of administrative agencies. It is limited to the powers of adjudication or rule-making power of the authorities.

The meaning of rule of law, is that no man is above law and also that every person is subject to the jurisdiction of ordinary courts of law irrespective of their position and rank. Thus, option 4 is the correct answer.

The non-delegation doctrine is a principle in administrative law that Parliament cannot delegate its legislative powers to other entities. This prohibition typically involves Parliament delegating its powers to administrative agencies or to private organisations.

The legislature cannot delegate essential legislative functions, which consists of the determination or choosing of the legislative policy and of formally enacting that policy into a binding rule of conduct. Thus, the legislature cannot delegate power to repeal a law, power to impose a tax or power of exemption to the executive, as they are essential legislative functions.

Prof. A.V. Dicey denounced the Droit system of administration as being a system where no justice was possible, while in theory Dicey's renunciation appeared reasonable. In practice it is often rightly pointed out that this system of justice was far more efficient than its contemporary common law systems.

The nature of administrative law is not rigid and streamlined and the general principles are well-settled but their application depends necessarily on the totality of the circumstances and facts.

Natural justice is identified with the two constituents of a fair hearing, which are the rule against bias (nemo iudex in causa sua, or "no man a judge in his own cause"), and the right to a fair hearing (audi alteram partem, or "hear the other side").

• Administrative action can be of four types:Administrative Legislative Action - Administrative legislative action includes rule-making action as well as delegated legislation.
• Quasi-judicial action or administrative adjudicatory action - In these cases, the administration performs functions which can be put under the judicial domain as there is some adjudication on legal rights of the individuals involved in the matter.
• Simply Administrative Action - Of all the actions undertaken by administrative authorities, other than the two types of actions mentioned before, the rest are called 'Administrative Actions' which essentially deal with execution of crucial administrative decisions. Ministerial Action - In administrative action, discretion power is given to the administrative authority (that is, the authority has the right to exercise his/her own understanding and discretion in dealing with the matter) but in those actions which are copybook action and no discretion is vested with the authority (that is there is only one way of performing that action), such action will be called purely administrative action or ministerial action.