CLAT Mock Test - 6 - CLAT MCQ

Directions: (Same Principle for Question no. 1 to 4)

Principle

A.The act of using threats to force another person to enter into a contract is called coercion.

B. The act of using influence on another and taking undue advantage of that person is called undue influence.

C. In order to prove coercion, the existence of the use of threat, in any form and manner, is necessary. If coercion is proved, the person who has been so threatened can refuse to abide by the contract.

D. In order to prove undue-influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract.

Facts: Aadil and Baalu are best friends. Aadil is the son of multi millionaire business person, Chulbul who owns Maakhan Pharmaceuticals. Baalu is the son of a bank employee, Dhanraj. One day, Aadil is abducted from his office by Baalu. Chulbul receives a phone call from Dhanraj telling him that if he does not make Baalu the CEO of Maakhan Pharmaceuticals, Aadil will be killed. Chulbul reluctantly agrees to make the Baalu the CEO. Subsequently Chulbul and Baalu sign an employment contract. However as soon as Aadil is released and safely returns home, Chulbul tells Baalu that he shall not enforce the employment contract. Baalu and Dhanraj are not sure as to what is to be done next.

Question: Baalu will succeed in getting the employment contract enforced if he can show that

Directions: (Same Principle for Question no. 5 to 9)

Rules

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the

bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not the pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

Question: Which of the following statements can most plausibly be inferred from the application of the rules to the give facts:

Directions: (Same Principle for Question no. 5 to 9)

Rules

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the

bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not the pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

Question:In case the pattadars were compulsorily required to work in the factory for a minimum number of hoursevery day, then it would be correct to state that:

Directions: (Same Principle for Question no. 5 to 9)

Rules

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the

bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not the pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

Question: According to the facts and the rules specified, which of the following propositions is correct:

Directions: (Same Principle for Question no. 5 to 9)

Rules

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the

bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not the pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

Question: Select the statement that could be said to be most direct inference from specified facts:

Directions: (Same Principle for Question no. 5 to 9)

Rules

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the

bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not the pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

Question: If the pattadars were compulsory required to work in the factory for a minimum number of hours everyday, then the Company would have been liable to pay compensation to Aashish Mathew if the latter:

Doctrine of restitution does not apply against a……………….

Schedule IX was inserted in the constitution of India by:

‘A’ a child is in a house with Z which has caught fire. Neighboring people spreads a blanket to save the child. Z in the interest of the child throws him on the blanket, but the child dies. Z has committed an offence of…………..

Assertion: The supreme court of India is bound by its own judgment

Reason: The highest court binds all subordinate courts by its own judgment

Disputes b/w states in India come to the Supreme court under:

Residuary powers are vested in the

Assertion: Speaking on Art. 32 in t

Reason: Article 32 provides effective remedies against violation of fundamental rights

A retired judge of a High court cannot:

Assertion: The directive principles of state policy are not enforceable by any court

Reason: Directive principles are more or less fundamental in the governance of the country

A member of the state public service commission can be removed on the ground of misbehavior only after an inquiry has been held by:

Right to life does not include right to die. It has been held in case of

A promise to paint a picture for B by a certain day at a certain price. A dies before the day

A owes B Rs. 5000. C pays to B Rs. 1000 and B accepts them, in satisfaction of his claim on A

Assertion: H writes to his wife a letter, which contains defamatory matter about B. H is not liable to B for defamation.

Reason: Communication of defamatory matter by a husband to his wife or vice versa, is not a publication for what passes b/w them is protected

Assertion: Government cannot be held liable for the rots committed by its servants

Reason: A master is liable for the torts committed by his servant in the course of his employment

As an element of the tort of defamation, publication means that

Liability in tort depends upon

Assertion: when A sends letter to B in a closed envelope in which defamatory things about B are written. A is not liable to B for tort of defamation, though B feels much pain and anguish after reading it.

Reason: publication of defamatory statement an essential element of defamation

In which of the following cases mens rea is not an essential ingredient for offences under:

A says – “Z is an honest man; he never stole B’s watch” intending to cause it to be believed that Z did steal B’s watch

Assertion: Attempt to commit suicide is punishable under the Indian law

Reason: In English law also attempt to commit suicide is punishable