CLAT Mock Test - 2 - CLAT MCQ

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-