CLAT Mock Test - 2 - CLAT

Assertion: As a general rule, vindictive or exemplary damages of tort are unknown in contract

Reason: The award of damages in case of breach of a contract is made not as a punishment for wrong

An agreement to share the benefits of public office:

An agreement made to sell a cargo of corn which was not in existence at the time of contract is:

A person enjoying the benefit of non-gratuitous act:

Assertion: money lent to a minor for luxuries cannot be recovered

Reason: lending money for luxuries to a minor is illegal

A party who suffers loss as a result to breach of contract can in usual course, claim

A counter offer is:

Assertion: The Indian penal code contains certain exceptions from criminal liability

Reason: There cannot be universal criminal liability in all circumstances

Assertion: X and Y independently kill Z, strike him with iron rods on his head. Z dies as a result of the injuries. Both X and Y are guilty of murder under section 302/34 IPC

Reason: when a criminal act is done by several persons in furtherance of common intention of all, each one of them is liable as if it was done by him alone

‘A’ officer of a court is ordered by the court to affect the arrest of P. But believing Q to be P. He arrests Q. A is guilty of:

X with the intention of causing death of Y, instigates a child below 7 years of age to mix poison in the food of Y in the absence of X. Y takes the food and dies. What is X guilty of?

X by putting Z in fear of grievous hurt, dishonestly induces Z to sign a blank paper and deliver it to X. which offence is committed by X

X borrowed a bicycle from Y promising to return the same within a period of 3 days. He failed to fulfill the promise, disposed of the bicycle and appropriated the proceeds to his own use. What offence if any X commits?

Assertion: An accused person has been guaranteed the right to be informed of the nature and cause of accusation

Reason: The accused person can get his conviction quashed upon vague and obscure charges

A person whose petition for habeas corpus has been refused by the High court on merits, seeks to move the supreme court by an original petition. According to the constitutional law of India:

The executive power of the union is vested in the:

Fundamental duties have been added in the constitution by 42nd amendment act 1976 in accordance with the recommendation of:

Assertion: no qualification have been prescribed for the membership of the Union public service commission

Reason: the constitution does not fix the number of members of the UPSC

Assertion: The power of amendment under Art. 368 does not include the power to alter the basic structure of the constitution

Reason: The right to equality does not form part of the basic structure of the constitution

Assertion: the president of India has the power to grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute the sentence

Reason: the president exercises not only executive functions but also judicial and legislative functions

Assertion: The principle of equality before law means that there should be equality of treatment under equal circumstances

Reason: All persons are not equal by nature, attainment or circumstances

Assertion: An accused person cannot be compelled to give his thumb impression.

Reason: An accused person cannot be compelled to eb a witness against himself

The structure of the Indian constitution is

The president of India has the power to declare emergency under Art. 352 on which of the following grounds?

1. War
2. Internal disturbance
3. External aggression
4. Armed rebellion

Select the correct answer using the codes given below:

Principle: Every person has a right to defend his own person, property or possession against an immediate harm, and to that end, may use reasonable amount of force.

Situation: Mr Rajesh was passing by Mrs Saxena's house. At that time, Mrs Saxena's dog ran out and bit Mr Rajesh's overcoat. Mr Rajesh turned around and raised the pistol at shot at the dog when the dog was running away. Mr Rajesh. knew that the dog had attacked so many other people in that locality of Jammu.

Mrs Saxena claims that her dog was of a rare breed and it was worth Rs. 5000. She is planning to bring a legal action against Mr Rajesh for compensation.

Principle: A person cannot complain against a harm to which he has voluntarily consented. Precautions can be taken only against reasonably foreseeable mishaps.

Situation: At an athletic meet, during a hammer throw, the hammer came apart and hit a middle distance runner who was sitting 10 meters outside the throwing area. The runner sustained severe injuries on the head and neck. The runner filed a suit for damages. The standard precautions were taken for throwing the 7 kg hammer. The runner

1. would be able to recover because the organizers had failed to keep the equipment in good condition.
2. would not be able to recover because the injuries were caused in a freak accident.
3. would not be able to recover because she had agreed to participate in the sports meet with all the expectant risks.
4. would not be able to recover because the accident was not reasonably foreseeable.

Principle: Injuria Sine Damnum i.e. Injury (violation of legal right) without damage

Facts: X, who was the returning officer at a polling booth in Amethi, wrongly refused to register a duly tendered vote of Y in the recent UP elections, even though Y was an eligible voter. The candidate in whose favour Y wanted to vote, was declared elected.

Give the appropriate answer-

Principal A person has no legal remedy for an injury caused by an act to which he has consented

Facts: ‘R’, a cricket enthusiast, purchases a ticket to watch a T20 match organized by the Indian Premier League (IPL). During the match, a ball struck for six hits ‘R’ on his body and injures him. He sues IPL for compensation for the medical expenses.

Principle: Vicarious liability is the liability the Master or Principal for the tort committed in the course of employment. The wrongs of the servant/agent

Facts ‘X’ hands over some cash money at his house to ‘Y’, who is his (X’s) neighbor and is also cashier in a bank, to be deposited in A’s account in the bank. Instead of depositing the money, ‘Y’ misappropriates it.

Principle: Damage without the violation of a legal right is not actionable in a court of law. It the interference with the rights of another person is not unlawful or unauthorized, but a necessary consequence of the exercise of defendant’s own lawful rights, no action should lie.

Facts There was an Established School (‘ES’) in a particular locality. Subsequently, a New school (‘NS’) was set up in the same locality, which charged lower fees, on account of which people started patronizing the new school. Because of the competition, ‘ES’ had to reduce its fees. ‘ES’ filed a case against ‘NS’ saying that ‘NS’ has caused it (‘ES’) financial loss and thus claimed compensation.
Q. Which of the following derivations is CORRECT?"

Principle: Whenever there is an invasion of a legal right, the person in whom the right is vested, is entitled to bring an action though he has suffered no actual loss or harm and may recover damages (compensation).

Facts ‘A’ was a qualified voter for the Lok Sabha election. However, a returning officer wrongfully refused to take to take A’s vote. Inspite of such wrongful refusal, the candidate, for whom ‘A’ wanted to vote, won the election. But ‘A’ brought an action for damages.

Principal In a civil action for defamation, truth of the defamatory matter is an absolute defence. However, the burden of proving truth is on the defendant; and he is liable if he does not successfully discharge this burden. 

Facts  ‘D’ who was the editor of a local weekly, published a series of articles mentioning that ‘P’ who was a government servant, issued false certificates, accepted bribe, adopted corrupt and illegal means to mint money and was a ‘mischief monger’. ‘P’ brought a civil action against ‘D’, who could not prove the facts published by him.   

Supreme court as a court of record under Art. 129 means

Besides its permanent seat at Delhi, the Supreme Court can also meet at

Who is appointed as an adhoc judge of the Supreme Court?

Which of the following is covered under the original jurisdiction of the Supreme Court?

The cases involving an interpretation of the Constitution fall within the

Who was the first president of constituent assembly?

A company is an

The constituent assembly which framed the constitution for independent India was set up in…………….              

Which part of the constitution reflects the vision and the aims of the founding fathers and states the goals before the nation?

Debates over issues of public interests are held during……………………

Maintenance of public property is a………………..

The united nation organization (UNO) was formed in the year:

The term ‘fourth estate’ is used for:

In an election electioneering has to be stopped ………………….. before starting the polling.

First attorney general of India is

DIRECTIONS: Find the most appropriate choice to fill the blank/s in each case most meaningfully.

Athens is remembered as a peaceful society known for its philosophers and scientists, while its neighbor, Sparta, is remembered for its _________ people and focus.

DIRECTIONS: Find the most appropriate choice to fill the blank/s in each case most meaningfully.

The storm _________ our efforts to hold a company picnic in the park last weekend, because it was impossible to stay outdoors in such a _________.

DIRECTIONS: Find the most appropriate choice to fill the blank/s in each case most meaningfully.

The two rich cousins were very similar in their _________ lifestyles: both spent money freely and ostentatiously displayed the _________ of their homes to their less wealthy neighbors.

DIRECTIONS: Find the most appropriate choice to fill the blank/s in each case most meaningfully.

Tullu was such a lazy contributor to the group that his presence served as _________, rather than an advantage, to the group’s progress.

DIRECTIONS: Find the most appropriate choice to fill the blank/s in each case most meaningfully.

Many critics worry that technological devices are becoming ______ too soon these days; they contend that humans are becoming too obsessed with progress.

Read the passage carefully and answer the questions given below it.

India claims to be a secular country. This declaration of the Preamble to the Constitution of India has legally made India secular. The Indian Constitution shows favouritism in regards to a sort of secular humanism. The historical development of this train of thought makes it current in today’s time in the sense of India’s religious pluralism. India is a secular state as stated by written Constitution of India and it is everyone’s duty to abide and believe in it. Secularism was the most dominant principle during the freedom struggle and many great leaders from Mahatma Gandhi to Maulana Abul Kalam Azad to Nehru were committed for the same. Secularism was the mantra followed by the Indian nation, which was exhausted by partition and sectarian riots. The roots point to secularism which doesn’t allow any injustice to be done with any religion and any person; it was famous during independence and became a notion even after post independence. Focus of secularism is to provide priority to equity and redistribution of growth in the form of jobs, education. Secularism will allow the people of India to have more productive approach towards a particular problem and issue. This will help in resolving lots of issues related to social welfare and help poor people to grow as well in terms of money. This overall process will lead to more inclusive growth.

Secularism maintains overall peace in the society which further paves the way to development. In lack of it, different communities would keep clashing and the government won’t be able to devote any time to chalk out the development plans. Secularism offers equal opportunities to all the communities of the society which ensures overall development. Lack of secularism would mean that the upper class communities would keep taking advantage of lower classes, never giving them a chance to grow and lead a respectful life. India has seen a lot of technological, infrastructural and economic development in last 6-7 decades while secularism being its main policy. But Secularism takes time and it is a very slow process which has been felt post independence where the social dynamics were very complex. Lots of challenges has occurred which didn’t allow India to become secular and brought development in the picture. Direct approach to the growth needs to be implemented to increase the pace. Fast paced development will bring power, roads and ports, more investment and opportunities to many people. Secularism is now getting no more public attention and people wants the overall system to speed up and have a boost so that the country can have exponential growth. Development is very necessary then secularism due to the lack of resources to run the political system, responsible staff of people who can train and guide the young generation to follow up their values.

Development will help to increase the revenue as well as the overall growth of the system that has been running on secularism under the rules of congress. Therefore Secularism and development both are equally important for a well balanced society. It would make sense for secular parties to become a bit growth oriented and development focused parties to become a bit secular for the overall development. It is not really wise to chose one over the other.

Question: What can be a suitable title for the given passage ?

Read the passage carefully and answer the questions given below it.

India claims to be a secular country. This declaration of the Preamble to the Constitution of India has legally made India secular. The Indian Constitution shows favouritism in regards to a sort of secular humanism. The historical development of this train of thought makes it current in today’s time in the sense of India’s religious pluralism. India is a secular state as stated by written Constitution of India and it is everyone’s duty to abide and believe in it. Secularism was the most dominant principle during the freedom struggle and many great leaders from Mahatma Gandhi to Maulana Abul Kalam Azad to Nehru were committed for the same. Secularism was the mantra followed by the Indian nation, which was exhausted by partition and sectarian riots. The roots point to secularism which doesn’t allow any injustice to be done with any religion and any person; it was famous during independence and became a notion even after post independence. Focus of secularism is to provide priority to equity and redistribution of growth in the form of jobs, education. Secularism will allow the people of India to have more productive approach towards a particular problem and issue. This will help in resolving lots of issues related to social welfare and help poor people to grow as well in terms of money. This overall process will lead to more inclusive growth.

Secularism maintains overall peace in the society which further paves the way to development. In lack of it, different communities would keep clashing and the government won’t be able to devote any time to chalk out the development plans. Secularism offers equal opportunities to all the communities of the society which ensures overall development. Lack of secularism would mean that the upper class communities would keep taking advantage of lower classes, never giving them a chance to grow and lead a respectful life. India has seen a lot of technological, infrastructural and economic development in last 6-7 decades while secularism being its main policy. But Secularism takes time and it is a very slow process which has been felt post independence where the social dynamics were very complex. Lots of challenges has occurred which didn’t allow India to become secular and brought development in the picture. Direct approach to the growth needs to be implemented to increase the pace. Fast paced development will bring power, roads and ports, more investment and opportunities to many people. Secularism is now getting no more public attention and people wants the overall system to speed up and have a boost so that the country can have exponential growth. Development is very necessary then secularism due to the lack of resources to run the political system, responsible staff of people who can train and guide the young generation to follow up their values.

Development will help to increase the revenue as well as the overall growth of the system that has been running on secularism under the rules of congress. Therefore Secularism and development both are equally important for a well balanced society. It would make sense for secular parties to become a bit growth oriented and development focused parties to become a bit secular for the overall development. It is not really wise to chose one over the other.

Question: Which is more important - 'Secularism' or 'Development', in the context of this passage ?