Test: Legal Maxims - 1 - CLAT MCQ

There must be meeting of minds of both the parties on the same subject for a valid contract. 
Example 1 - X contracts with B to sell his White house. B sends his acceptance for the same horse. A valid Contract is made.
Example 2- X contracts with B to sell his White Horse. B sends his acceptance for the Black horse of X. This is not a valid contract.
Hence, option D is correct.

A gratuitous or bare promise, devoid of any consideration. 
A nudum pactum in Latin literally means 'Bare or Naked Promise.' In common law, it refers to a promise that is not legally enforceable for want of consideration. An example of a nudum pactum would be an offer to sell something without a corresponding offer of value in exchange. While the offer may bind a person morally, since the offer has not been created with any consideration, it is gratuitous and treated as a unilateral contract. The offer is therefore revocable at any time by the offeror before acceptance by the offeree.
Hence, option C is correct.

The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. When a court orders restitution it orders the defendant to give up his/her gains to the claimant. If a minor has unjustly enriched himself equity demands that such property or goods be restored by minor. 
 Example- X a minor makes a contract with D to sell his house and pays him 50000 rupees. The contract is held as void ab intio by the court and the house is returned to X. X must return the Consideration for the house i.e. 50k back to D.
Hence, option A is correct.

Utmost good faith. 
It is the name of a legal doctrine which governs insurance contracts. This means that all parties to an insurance contract must deal in good faith, making a full declaration of all material facts in the insurance proposal. This contrasts with the legal doctrine caveat emptor ("let the buyer beware")
Hence, option D is correct.

Quid pro quo in Latin stands for "something for something," and is used to describe when two parties engage in a mutual agreement to exchange goods or services. In a quid pro quo agreement one transfer is contingent upon a reciprocal transfer. As a term, quid pro quo is used similarly in business and legal contexts to convey that a good or service has been exchanged for something of equal value.
Hence, option D is correct.

Doli Incapax is a Latin term that means “incapable of doing harm”. This term has been used to describe a presumption of innocence for children in Criminal law in most countries. The basis of this presumption lies in the theory of Criminal responsibility.
Hence, option A is correct.

In common law legal systems, a precedent, or authority, is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.
Hence, option C is correct.

Ex turpi causa non oritur actio is a legal doctrine which states that a plaintiff will be unable to pursue legal remedy if it arises in connection with his own illegal act.
Hence, option  B is correct.

a) A case settled with a lack of care so that the decision is wrong

Explanation:

"Per incuriam" is a Latin term meaning "through lack of care." It is used in legal contexts to describe a judgment rendered in ignorance or disregard of a binding precedent, statute, or rule. Such decisions are not considered authoritative and can be disregarded by other courts, even if made by a higher court.

For example, if a court overlooks a relevant statute or binding precedent while making a decision, that judgment is said to be made per incuriam.

The essential, crucial, or indispensable ingredient without which something would be impossible: “Her leadership was the sine qua non of the organization's success.” From Latin, meaning “without which nothing.”
Hence, option B is correct.

Res communes is a Roman & civil law concept. It means things owned by no one and subject to use by all. Things (as light, air, the sea, running water) are incapable of entire exclusive appropriation and are considered as subject of Res communes.
Hence, option C is correct.

Bad faith (Latin: mala fides) is double mindedness or double heartedness in duplicity, fraud, or deception.[1] It may involve intentional deceit of others, or self-deception.
Hence, option B is correct.

Actio personalis moritur cum persona is a Latin expression meaning "a personal right of action dies with the person". Some legal causes of action can survive the death of the claimant or plaintiff, for example actions founded in contract law. However, some actions are personal to the plaintiff, defamation of character being one notable example. Therefore, such an action, where it relates to the private character of the plaintiff, comes to an end on his death, whereas an action for the publication of a false and malicious statement which causes damage to the plaintiff's personal estate will survive to the benefit of his or her personal representatives.
Hence, option A is correct.

Lex tallienis is the principle or law of retaliation that a punishment inflicted should correspond in degree and kind to the offense of the wrongdoer, as an eye for an eye, a tooth for a tooth; retributive justice.
Hence, option D is correct.

En Ventre Sa Mere means in the mother's womb. For example, ‘child en ventre sa mere’ means a child in the mothers womb. It refers to an unborn child, and is usually used while referring to that child's rights. In law, a child is for all beneficial purposes considered as born while in ventre sa mere. For example, for the purpose of inheritance, a child is treated as having been in existence at the time of the decedent's death if the child is en ventre sa mere at the time of a decedent's death and is subsequently born alive.
Hence, option B is correct.