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CLAT Mock Test - 5 - CLAT MCQ


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150 Questions MCQ Test Additional Study Material for CLAT - CLAT Mock Test - 5

CLAT Mock Test - 5 for CLAT 2024 is part of Additional Study Material for CLAT preparation. The CLAT Mock Test - 5 questions and answers have been prepared according to the CLAT exam syllabus.The CLAT Mock Test - 5 MCQs are made for CLAT 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for CLAT Mock Test - 5 below.
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CLAT Mock Test - 5 - Question 1

Privity of contract is subject to the exception……

CLAT Mock Test - 5 - Question 2

A void agreement is

Detailed Solution for CLAT Mock Test - 5 - Question 2
A void contract cannot be enforced by law. A void agreement is void ab initio, i e from the beginning while a voidable contract can be voidable by one or all of the parties. A voidable contract is not void ab initio, rather, it becomes void later due to some changes in condition.
CLAT Mock Test - 5 - Question 3

To make a contract voidable must have been exercised against

CLAT Mock Test - 5 - Question 4

An agreement to share earnings of smuggling business is

CLAT Mock Test - 5 - Question 5

Express contract means

CLAT Mock Test - 5 - Question 6

There can be a stranger to a……………

Detailed Solution for CLAT Mock Test - 5 - Question 6

Option B is correct . Under the Indian Contract Act 1872 consideration for a contract may move from the promisee or any other person i.e. a stranger to the consideration can also enforce the contract.  So, in India the consideration may move from stranger. This law was established in the case of CHINAYYA.

CLAT Mock Test - 5 - Question 7

Coercion involves:

CLAT Mock Test - 5 - Question 8

A student was motivated by his teacher to sell his car (Value being Rs. 10,00,000) for Rs. 5,00,000. The student sold the same at the desired price of the teacher. The student can sue the teacher on the ground of:

CLAT Mock Test - 5 - Question 9

A person to whom money has been paid anything delivered under coercion

CLAT Mock Test - 5 - Question 10

Justice verma committee was formed to recommend

CLAT Mock Test - 5 - Question 11

A polished B shoes without being accepted by B to do so. B does not make any attempt to stop A from polishing the shoes. Decide

Detailed Solution for CLAT Mock Test - 5 - Question 11

B is bound to pay because he is accepting offer by his conduct.So option A is the correct answer.

CLAT Mock Test - 5 - Question 12

………consideration is no consideration in England

CLAT Mock Test - 5 - Question 13

A buyer can sue for specific performance of the contract if the goods are…………..

Detailed Solution for CLAT Mock Test - 5 - Question 13

A is the correct option. Suit for specific performance- When the goods are specific or ascertained, a buyer may sue the seller for specific performance of the contract and compel him to deliver the same goods.

CLAT Mock Test - 5 - Question 14

A patient is brought to a hospital maintained by B. The patient is to be operated upon. If as a result of faulty oxygen supply machine, the patient dies on the operation table, then:

CLAT Mock Test - 5 - Question 15

X along with other passengers hired a bus owned by Y and driven by his driver Z. in the mid-way, the bus was punctured. So Y transferred X and other passengers to another bus owned by L, and driven by his servant R. The second bus met with an accident, in which X died and some other passengers were injured. W, X widow, sued for her husband death. In this case which one of the following is correct?         

CLAT Mock Test - 5 - Question 16

The last opportunity principle is related to the          

CLAT Mock Test - 5 - Question 17

In which one of the following situations A will be liable for defamation? A writes a letter containing a defamatory matter about B and

Detailed Solution for CLAT Mock Test - 5 - Question 17
In first 3 cases,the imputation wasn't intended to lower B's reputation in others mind, even though in second and third case it was read by the 3rd person but the defendant never intended to do so.
CLAT Mock Test - 5 - Question 18

Legal Principle: Volenti non fit injuria means a person has no remedy against an injury caused by an act to which he has consented.

Situation: Ravi was in a hurry to get to the airport to catch the plane and he hired a taxi run by Sekhon Taxi Stand, well known in that locality. Ravi asked the driver to drive fast. In the city zone, there was a speed limit of 60 km per hours and the driver, rather reluctantly, drove quite fast at times 90 km per hour to reach the airport in time. As a result, the driver lost control and hit an obstacle and Ravi was badly injured. Ravi filed a suit against the taxi stand.

CLAT Mock Test - 5 - Question 19

Assertion (A): when you invite somebody to your house, you cannot sue him for trespass.

Reason (R): one cannot enforce a right which one has voluntarily waived or abandoned

CLAT Mock Test - 5 - Question 20

‘X’ with a view to murdering ‘Y’ enters ‘Y’ bedroom at night when ‘Y’ is out of station. What is ‘X’ guilty of?

CLAT Mock Test - 5 - Question 21

The liability of independent tort feasors

CLAT Mock Test - 5 - Question 22

when was Pondicherry handed over by French to India and added as UT

CLAT Mock Test - 5 - Question 23

Where a muslim male and a muslim female contract their marriage under the special marriage act 1954, Muslim personal law

Detailed Solution for CLAT Mock Test - 5 - Question 23

B is the correct option. When any male above 21 and any female above 18 get married under the special marriage act 1954 their religion is immaterial.hence their personal laws .whether it's Hindu law or Muslim law doesn't apply.

CLAT Mock Test - 5 - Question 24

The chairman of Public accounts committee (PAC) of the parliament is appointed by

Detailed Solution for CLAT Mock Test - 5 - Question 24

The correct option is A.
The chairperson is appointed by the Lok Sabha speaker. The term of office of the members is one year. At present, the 16th Lok Sabha has no designated leader of opposition, however the Indian National Congress (INC) being the largest opposition party has gotten the responsibility of heading the PAC.

CLAT Mock Test - 5 - Question 25

Which court is regarded as the Guardian of Fundamental rights of the people

CLAT Mock Test - 5 - Question 26

Emergency provisions of the constitution are borrowed from

Detailed Solution for CLAT Mock Test - 5 - Question 26

The correct option is A.
The Indian Constitution gives the President the authority to declare three types of emergencies: National Emergency, State Emergency and Financial Emergency. Emergency provisions in India are borrowed from the Weimar Constitution of Germany.

CLAT Mock Test - 5 - Question 27

Which of the following is/are listed among the Directive Principles in Part IV of the constitution?

I. equal pay for equal work

II. Uniform civil code

III. small family norm

IV. education through mother tongue at primary level

Detailed Solution for CLAT Mock Test - 5 - Question 27

The correct option is B.
The Directive Principles of State Policy are listed in Part IV of the Constitution, they are fundamental in the governance of the Nation. Equal pay for equal work for men and women(article 39) and securing for all citizens a Uniform Civil Code(article 44) are Directive Principles.

CLAT Mock Test - 5 - Question 28

Who decides whether a member of parliament is subject to any disqualification?

Detailed Solution for CLAT Mock Test - 5 - Question 28

The correct option is A.
the President can decide question of disqualification of a sitting member under Article 103 only if the disqualification is incurred after election as a Member of Parliament as laid down in Election Commission

CLAT Mock Test - 5 - Question 29

Principle: Master/Principle is vicariously liable for the tort committed by a servant/agent in the performance of his duties as a servant/agent

Facts: The plaintiff, a bullion merchant was arrested by the police on a charge of purchasing stolen goods. Some of the gold and silver ornaments were seized from the plaintiff and were kept in the police custody. The duty constable appropriated the gold ornaments and escaped to a foreign country. The plaintiff after being acquitted brought an action against the state for the compensation. In this case compensation is

Detailed Solution for CLAT Mock Test - 5 - Question 29

Option A is correct. Constable appropriated the gold in the course of employment and escaped to foreign country so according to principle master(state) is payable.

CLAT Mock Test - 5 - Question 30

Principle: Defamation means publication of a false and derogatory statement about another person without lawful justification

Facts: A writes a derogatory letter to B containing defamatory remarks in reference of B in Urdu language. A is aware that B does not know Urdu. B goes to C who knows Urdu and the letter is read over by C to him. B sues A for defamation

Detailed Solution for CLAT Mock Test - 5 - Question 30

The correct option is A.
A defamation as a tort is only a wrong if the defamation is of nature which harms the reputation of a person who is alive. The term "defamation" is an all- encompassing term that covers any statement that hurts someone's reputation. If the statement is made in writing and published, the defamation is called 'libel'. If the hurtful statement is spoken, the statement is called 'slander'. In the above situation, there was publication of the letter, libel has been committed.
 

CLAT Mock Test - 5 - Question 31

Principle: False imprisonment is the confinement of a person without just cause or excuse. There must be a total restraint of the person and the onus of proving reasonable cause is on the defendant

Facts: A entered in B’s park where there was an artificial lake for the boating. A paid 100Rs. For entering the park and has to pay 100Rs at the time of exit. A waited for 30 minutes but no boat was available. A came out however denied to pay 100Rs. For exit, B did not allow A to leave the park unless he paid 100Rs for exit. A sued B for false imprisonment

CLAT Mock Test - 5 - Question 32

Principle: Attempt is an act done with intent to commit crime, and forming part of the series of acts which would constitute actual commission of the crime, if not interrupted

Facts: A intending to murder B by poison, purchases poison and mixes the same with a glass of water. He gave to the bearer to serve B. the bearer while approaching B, loses the balance and the glass drops out of his tray

CLAT Mock Test - 5 - Question 33

  In India, the reckoning date for the determination of the juvenile is the

CLAT Mock Test - 5 - Question 34

In India cyber terrorism is an offence punishable under

Detailed Solution for CLAT Mock Test - 5 - Question 34

The correct option is A.
Cyber Terrorism is a crime that has emerged in recent times in India. Well, the laws through the implementation of the Information Technology Act, 2000 

CLAT Mock Test - 5 - Question 35

when a judge makes certain remarks in the course of his judgment which are said by the way and do not have direct bearing on the facts at hand, such remarks are called

CLAT Mock Test - 5 - Question 36

A notice in the newspaper inviting tenders is

CLAT Mock Test - 5 - Question 37

The agreement which is not legally enforceable is known as

CLAT Mock Test - 5 - Question 38

An offer was sent by post, the acceptor wrote accepted on the letter, put it in his drawer & forgot about it. The transaction is

CLAT Mock Test - 5 - Question 39

‘A’ offers to sell his car to ‘B’ for Rs. 50,000. ‘B’ agrees to buy the car offering Rs. 45,000. The reply of ‘B’ amounts to

CLAT Mock Test - 5 - Question 40

Mistake of both the parties about the subject matter renders an agreement

CLAT Mock Test - 5 - Question 41

‘A’ contracts to pay ‘B’ Rs. 1,000 if the B’s house is burnt. This is a

CLAT Mock Test - 5 - Question 42

Principle: Voluntary drunkenness is not a defence under section 85 and 86 IPC

Facts: A has in his possession a bottle of poisonous lotion for external application and a bottle of medicine for internal use. A in a drunken condition gives to his child an ounce of the poisonous lotion to drink as a result of which the child died. Is A guilty of any offence?

CLAT Mock Test - 5 - Question 43

Principle: Attempt to murder is punishable under Section 307 IPC, but preparation is not an offence.

Facts: A mixes sugar, thinking that it was poison in the tea meant for B with an intention to cause his death. What offence, if any has been committed by A?

CLAT Mock Test - 5 - Question 44

Principle: Bigamy is punishable under Section 494 IPC.

Facts: A believing, she was not validly married to B, deserts him and marries C. Has she committed bigamy

CLAT Mock Test - 5 - Question 45

Principle: A person is guilty of culpable homicide amounting to murder, if the act by which the death is caused is done with the intention of causing murder.

Facts: A was suffering from Jaundice and inflammation of the brain and B was in the knowledge of this condition. One day, during a heated argument on some issue, A slapped B in anger. B lost his self control and dealt a severe blow on A’s head. As a result, A died. The police sought to prosecute B for murder

CLAT Mock Test - 5 - Question 46

Principle: `Volenti non fit injuria', a well-established legal principle, means that a person has no legal remedy for the injury caused by an act which he has consented.

Situation: An old man was walking in a narrow one-way lane in the opposite direction. It was night-time and there was no street lighting. A car moving in right direction but without headlights knocked him down since the driver could not see him. He filed a suit against the driver.

CLAT Mock Test - 5 - Question 47

The railway budget Was separated from the central budget in the year

CLAT Mock Test - 5 - Question 48

Principle: 1) Parties to contract should be capable of entering into a contract, only than they can lay the foundation of a valid contract

2) every person is competent to contract who is of age of majority

Facts: A minor agreed with B to become a tenant of his house and to pay Rs. 10000 for the furniture therein. He paid Rs. 8000 in cash and gave a promissory note for the balance. A occupied the premises and used the furniture for some months and then brought an action for refund of consideration. In this case

CLAT Mock Test - 5 - Question 49

They went to Agra ___________ bus because they couldn't catch the train.