CUET Exam  >  CUET Tests  >  CUET Mock Test Series  >  Legal Studies: CUET Mock Test - 6 - CUET MCQ

Legal Studies: CUET Mock Test - 6 - CUET MCQ


Test Description

40 Questions MCQ Test CUET Mock Test Series - Legal Studies: CUET Mock Test - 6

Legal Studies: CUET Mock Test - 6 for CUET 2024 is part of CUET Mock Test Series preparation. The Legal Studies: CUET Mock Test - 6 questions and answers have been prepared according to the CUET exam syllabus.The Legal Studies: CUET Mock Test - 6 MCQs are made for CUET 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Legal Studies: CUET Mock Test - 6 below.
Solutions of Legal Studies: CUET Mock Test - 6 questions in English are available as part of our CUET Mock Test Series for CUET & Legal Studies: CUET Mock Test - 6 solutions in Hindi for CUET Mock Test Series course. Download more important topics, notes, lectures and mock test series for CUET Exam by signing up for free. Attempt Legal Studies: CUET Mock Test - 6 | 40 questions in 45 minutes | Mock test for CUET preparation | Free important questions MCQ to study CUET Mock Test Series for CUET Exam | Download free PDF with solutions
Legal Studies: CUET Mock Test - 6 - Question 1

Which of the following essentials of a contract does not find place in the Indian Contract Act, 1872?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 1

Option (3) is correct as the intention of contract is not mentioned in the Contract Act. Section 11 is concerned with competency of parties. As per the Contract Act, the consideration should be real, not illusory. The object should be lawful.

Legal Studies: CUET Mock Test - 6 - Question 2

A contract is not frustrated by

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 2

Option (1) is correct: A contract under the Indian Contract Act, 1872 is not frustrated by mere commercial impossibility. Mere commercial impossibility will not excuse a party from performing the contract. Mere increased cost of performance or losing in a transaction does not make the contract impossible. A man is not prevented from performing his contract by mere economic unprofitableness.
Option (2) is incorrect: A contract stands frustrated by imposition of government restriction.
Option (3) is incorrect: A contract stands frustrated by destruction of subject matter.
Option (4) is incorrect: A contract stands frustrated by death or impossibility of party when contract is of the personal services.

1 Crore+ students have signed up on EduRev. Have you? Download the App
Legal Studies: CUET Mock Test - 6 - Question 3

Where the proposal and acceptance is through letters, the contract is made at the place where

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 3

When a contract is made by post, the acceptance is complete as soon as the letter is put into the post box, and that is the place where the contract is made. An interesting implication of the operation of the posting rule is that an acceptance is complete once the letter of acceptance is posted; it makes no difference whether the offeror actually receives the letter.

Legal Studies: CUET Mock Test - 6 - Question 4

A and B agree that A shall pay B Rs. 500 for which B shall afterwards deliver to A one quintal wheat or a smuggled pistol. Which of the following is correct?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 4

Section 58 in The Indian Contract Act, 1872
In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced. —In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced." Illustration A and B agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver to A either rice or smuggled opium. A and B agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver to A either rice or smuggled opium." This is a valid contract to deliver rice, and a void agreement as to the opium. This is a valid contract to deliver rice, and a void agreement as to the opium."
The same situation prevails as pistol is also void, one branch of which is legal and the other illegal, the legal branch alone can be enforced. The agreement to deliver wheat is valid, but the agreement is void as for the pistol.

Legal Studies: CUET Mock Test - 6 - Question 5

A contingent contract is a/an _________ contract.

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 5

A contingent contract is legal and valid. A contingent contract depends upon the happening or non-happening of a certain event. It is valid and enforceable at law.

Legal Studies: CUET Mock Test - 6 - Question 6

An offer is lapsed by

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 6

The following are the cases where an offer lapses:

  1. By revocation- An offer is revoked when it is retracted back by the offeror. An offer may be revoked, at any time before acceptance, by the communication of notice of revocation by the offeror to the other party [Sec. 6(1)].
  2. By rejection- An offer lapses if it has been rejected by the offeree. The rejection may be express i.e., by words spoken or written, or implied. Implied rejection is one: (a) where either the offeree makes a counter offer or (b) where the offeree gives a conditional acceptance.
  3. By counter offer- Sometimes a counter offer is made by the offeree. In such a case, the original offer automatically comes to an end as the counter offer amounts to a rejection of the original offer.
Legal Studies: CUET Mock Test - 6 - Question 7

Directions: Read the following statements carefully and choose the correct answer.
Assertion (A): Agreements by way of wager are void.
Reason (R): Performance of the bargain must depend upon the determination of an uncertain event, in case of a wager.

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 7

Section 30 of the Indian Contract Act talks about wagering agreements, which reads as "agreements by way of wager are void". The first thing essential to wager is that the performance of the bargain must depend upon the determination of an uncertain event. Uncertainty in the mind of the parties about the determination of the event in one way or other is necessary.
Therefore, both assertion and reason are correct.

Legal Studies: CUET Mock Test - 6 - Question 8

A sum fixed beforehand as amount of compensation payable in the event of breach of contract is called

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 8

A sum fixed beforehand as amount of compensation payable in the event of breach of contract may be a penalty or liquidated damages.
The amount fixed by all parties, which is a genuine estimate of the loss by a future breach of contract, is referred to as liquidated damages. Thus, all parties to the contract agree that the amount is fair compensation for the breach.
When the amount fixed by all parties is unreasonable or used to force the performing party to fulfill the obligation, then it is a penalty. In such cases, the amount is disregarded and the suffering party cannot claim more than the actual loss.

Legal Studies: CUET Mock Test - 6 - Question 9

In famous Carlill v. Carbolic Smoke-Ball Co. (1893) 1 QBD 256, the Hon'ble Court held that the Contract was accepted on being—

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 9

In the case of Carlill v. Carbolic Smoke-Ball Co. (1893) 1 QBD 256, it was held that the legitimate expectation of a party to a contract and a breach thereof shall constitute a valid cause of action in law, provided that the aggrieved party to that contract had relied and acted upon that implied term.

Legal Studies: CUET Mock Test - 6 - Question 10

In cases of general offer, for a valid contract,

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 10

A general offer is one that is made to the public at large. It is not made any specified parties. So any member of the public can accept the offer and be entitled to the rewards/consideration. In cases of general otter, for a valid contract, the acceptor need not have the knowledge of the offer.

Legal Studies: CUET Mock Test - 6 - Question 11

Which of the following fundamental rights cannot be suspended during emergency?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 11

Articles 20 and 21 cannot be suspended during national emergency. Article 20 gives protection in respect of conviction for offences and Article 21 states that no person shall be deprived of his life or personal liberty, except according to procedure stated by law.
The right to protection in respect of conviction for offences (Article 20) and the right to life and personal liberty (Article 21) remain enforceable even during emergency period.

Legal Studies: CUET Mock Test - 6 - Question 12

Directions: Given below are two statements. Read them carefully and choose the correct option.

  1. Directive Principles of State Policy are not enforceable by any court.
  2. Directive Principles of State Policy are fundamental in the governance of the country.
Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 12

The Directive Principles of State Policy are guidelines or principles given to the central and state governments of India, to be kept in mind while framing laws and policies. These provisions, contained in Part IV of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country. Thus, both the statements are true.

Legal Studies: CUET Mock Test - 6 - Question 13

Which of the following is a Constitutional Right but not a Fundamental Right?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 13

The right to property is not a Fundamental Right but it is a constitutional right. In the original Constitution, the right to property was listed as a fundamental right. By the 44th Amendment to the Constitution, the right to property was removed as a fundamental right and instead, a new provision was added to the Constitution i.e. Article 300-A making it a constitutional right. According to Article 300A, 'No person shall be deprived of his property save by authority of law.'

Legal Studies: CUET Mock Test - 6 - Question 14

Article 39A of the Constitution of India deals with

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 14
  • Article 39A of the Constitution of India deals with equal justice and free legal aid.
  • Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all.
  • Articles 14 and 22(1) of the Constitution also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all.
Legal Studies: CUET Mock Test - 6 - Question 15

The solemn resolution in the Preamble to our Constitution is made in the name of

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 15

Option (1) is incorrect: No such provision is there in the Preamble to our Constitution.
Option (2) is incorrect: No such provision is there in the Preamble to our Constitution.
Option (3) is incorrect: No such provision is there in the Preamble to our Constitution.
Option (4) is correct: The starting words of the Preamble are: "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India..."
​​​​​​​So, the solemn resolution in the Preamble to our Constitution is made in the name of People of India.

Legal Studies: CUET Mock Test - 6 - Question 16

Under the Constitution of India, freedom of religion does not give the power to

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 16

India has given the "Right to Freedom of Religion" but the said right of conversion is only to be exercised under free will and not under influence of money. In Stanislaus vs Madhya Pradesh, 1977 SCR (2) 611, the Supreme Court of India considered the issue whether the fundamental right to practise and propagate religion includes the right to convert, held that the right to propagate does not include the right to convert and therefore, upheld the constitutional validity of the laws enacted by Madhya Pradesh and Orissa legislatures prohibiting conversion by force, fraud or allurement.

Legal Studies: CUET Mock Test - 6 - Question 17

Which part of the Constitution deals with the Directive Principles of State Policy?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 17

Part IV of the Constitution deals with the Directive Principles of State Policy. The purpose of Directive Principles of State Policy is to lay down positive instructions which would guide State Policy at all levels. The Directive Principles are covered from Article 36 to Article 51 in the Constitution. The provisions contained in this Directive Principles cannot be enforced by any court, but these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Legal Studies: CUET Mock Test - 6 - Question 18

Directions: The following question consists of two statements, one labelled as Assertion (A) and the other as Reason (R). You are to examine these two statements carefully and select the correct option accordingly.

Assertion (A): Fundamental duties are enforceable.
Reason (R): The Indian Constitution commands the citizens of India to follow the fundamental duties.

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 18

Fundamental duties are non-enforceable, like DPSP, but the Indian Constitution commands the citizens of India to follow the fundamental duties, as held in the case of K. R. K. Vara Prasad vs. Union of India, AIR, 1980, A.P.
Fundamental duties are statutory duties, and shall be enforced by enacting appropriate law for the purpose.

Legal Studies: CUET Mock Test - 6 - Question 19

Practising untouchability is

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 19

Practising untouchability is a violation of a constitutional right under Article 17 of the Constitution. According to Article 17 of the Constitution, Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law.

Legal Studies: CUET Mock Test - 6 - Question 20

What kind of justice does our Preamble provide?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 20

The term Justice in the Preamble embraces three distinct forms: social, economic and political, secured through various provisions of the Fundamental and Directive Principles.
Social justice in the Preamble means that the Constitution wants to create a more equitable society based on equal social status. Economic justice means equitable distribution of wealth among the individual members of the society, so that wealth is not concentrated in a few hands. Political justice means that all citizens have equal rights in political participation. Indian Constitution provides for universal adult suffrage and equal value for each vote.

Legal Studies: CUET Mock Test - 6 - Question 21

The Indian Bar Councils Act, 1926 was enacted on the recommendations of the

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 21

Giving effect to the Chamier Committee recommendations, the Central Legislature enacted the Indian Bar Councils Act, 1926. The Act provided for the Constitution and incorporation of Bar Councils, to confer powers and impose duties on the Bar Councils and to consolidate the regulations pertaining to the legal profession.

Legal Studies: CUET Mock Test - 6 - Question 22

Which of the following created a regular legal profession for the first time?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 22

The Bengal Regulation VII of 1793 created for the first time, a regular legal profession in the Company's Courts. The Regulation was for the appointment of vakils or native pleaders in the Courts of Civil Judicature (Sadar Diwani Adalat) in Bengal, Bihar and Orissa.

Legal Studies: CUET Mock Test - 6 - Question 23

The legal profession in India is regulated by

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 23

Legal profession in India is regulated by Advocates Act, 1961. The Advocates Act of 1961 amended and consolidated the law relating to legal practitioners and provided for the constitution of the State Bar Councils and an All-India Bar - the Bar Council of India as its apex body.

Legal Studies: CUET Mock Test - 6 - Question 24

Which of the following methods is/are adopted by law schools in the US?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 24

In the United States, students after completing a four-year undergraduate degree in any discipline, write the Law School Admission Test (LSAT) exam. Thereafter, they can apply to a law school and enrol in a three-year J.D. (Juris Doctor) programme. The pedagogical method adopted in law schools involves the case study method as well as the Socratic method.

Legal Studies: CUET Mock Test - 6 - Question 25

The chairman of Bar Council of India is elected from among its members, ordinarily for a period of

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 25

The Bar Council of India consists of members elected from each State Bar Council, and the Attorney General of India and the Solicitor General of India are ex-officio members. The members from the State Bar Councils are elected for a period of five years. The Council elects its own chairman and vice-chairman for a period of two years from amongst its members.

Legal Studies: CUET Mock Test - 6 - Question 26

Which US state has not adopted The Model Rules set forth for professional standards governing the practice of law?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 26

The Model Rules set forth professional standards governing the practice of law. The Model Code of Professional Responsibility, 1969 and the newer Model Rules of Professional Conduct, 1983 have been adopted in 49 states of the US. Most states have adopted the Model Rules, though with some modifications. California is currently the only state that has not adopted these Model Rules.

Legal Studies: CUET Mock Test - 6 - Question 27

Which of the following is not among the duties of an advocate towards his client?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 27

An Advocate's duties towards the client include being bound to accept briefs, not to withdraw from service, not to appear in matters where he/she is a witness, not to suppress material or evidence. An Advocate also has to maintain client confidentiality and not to instigate litigation or to charge contingency fee (fee depending on success or favourable result of matters). There is a general duty to ensure that his/her duties do not conflict with the client's interests. An Advocate is also expected not to negotiate directly with the opposing party (only through the opposing advocate) and to carry out legitimate promises made.

Legal Studies: CUET Mock Test - 6 - Question 28

Bar Council of India is a statutory body constituted under

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 28

The Bar Council of India is a statutory body established under the section 4 of Advocates Act 1961 that regulates the legal practice and legal education in India. Its members are elected from amongst the lawyers in India and as such represents the Indian bar. It prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards for legal education and grants recognition to universities whose degree in law will serve as a qualification for students to enroll themselves as advocates upon graduation

Legal Studies: CUET Mock Test - 6 - Question 29

Directions: The question consists of two statements, one labelled as PRINCIPLE(S) and the other as FACTS. You are to examine the principle and apply it to the given statements carefully and select the best option.

Principle: A contract which is impossible to perform is void ab initio and not enforceable in the court of law.
Facts: There is a contract between 'A' and 'B' where 'A' will pay Rs. 1,00,000/- to B if 'B' marries 'C'. But 'C' was dead 5 years ago. What is the legal standing of the contract?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 29

'C' was dead at the time when the contract was made. The contract cannot be formed and therefore it is void ab initio. The term 'void ab initio' means to be treated as invalid from the outset.

Legal Studies: CUET Mock Test - 6 - Question 30

Death or insolvency of promisor results in discharge of contract by

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 30

As the insolvent or dead persons cannot continue the contract, the contract is discharged due to impossibility of performance.

Legal Studies: CUET Mock Test - 6 - Question 31

A creates a drainage outlet below the land of B. This is a case of

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 31

The tort of trespass to land occurs when the defendant has the intent to physically invade the property of the claimant and does invade physically without the claimant's approval or consent. The invasion can happen with objects or by people and includes invasion of some area of air above the land and some area below the land.

Legal Studies: CUET Mock Test - 6 - Question 32

Strict liability means:

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 32

In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.

Legal Studies: CUET Mock Test - 6 - Question 33

Directions: The question consists of two parts, one labelled as Principles and the other as Facts. You are to examine the principles and apply it/them to the given facts carefully and select the best option.
Principles:

  1. The wrong of battery means intentional application of force to another person without any lawful justification.
  2. Even though the force used is very trivial and does not cause any harm, the wrong of battery is still constituted.
  3. Mere passive obstruction, however, cannot be considered the use of force.

Facts: A security guard unlawfully prevented the plaintiff from entering the club premises. While preventing plaintiff, the guard was entirely passive like a door.

Q. Has he committed the offence of battery?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 33

Guard has not used any kind of force. He just obstructed the entry of the plaintiff. So, he has not committed any offence. This has been clearly stated under principle 3. Moreover, no force was used.

Legal Studies: CUET Mock Test - 6 - Question 34

Which of the following is/are not a remedy (remedies) in an action for tort?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 34

In law of tort a person has recourse to civil remedies for damages or a court order or injunction. Generally, tort cases result in compensating the victim and criminal lawsuits are about punishments. Injunctions are court orders that, for example, may prohibit the wrongdoer from harming the victim or preventing the former from trespassing the latter's property. Occasionally, courts may also grant punitive damages, which are costs or damages in excess of the compensation.

Legal Studies: CUET Mock Test - 6 - Question 35

Directions: The following question consists of two statements, one labelled as Assertion (A) and other as Reason (R). You are to examine these two statements carefully and select the correct answer.

Assertion (A): Tort is other than a mere breach of contract or breach of trust.
Reason (R): A tort is a civil wrong which does not fall under the different well-defined categories of particular civil wrongs like a breach of contract or breach of trust.

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 35

A is true and R is also true because R is explaining the reason why tort is other than a mere breach of contract or breach of trust. This is supported by the definition of 'torts' in section 2(m) of the Limitation Act of 1963 which defines Tort as a civil wrong which is not exclusively a breach of contract or trust.

Legal Studies: CUET Mock Test - 6 - Question 36

X willingly gets himself locked in a room. Can he claim damages for tort of false imprisonment?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 36

The intentional tort of false imprisonment is satisfied whenever there is intent to unlawfully confine or restrain the claimant in a bounded area and when this actually causes the claimant to be knowingly confined or restrained in a bounded area unlawfully. However, the claimant should not be trapped willingly and consensually.

Legal Studies: CUET Mock Test - 6 - Question 37

Which of the following is not an intentional tort?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 37

An intentional tort requires the claimant to show that the defendant caused the injury on purpose. Furthermore, the claimant must show that he or she suffered a particular consequence or injury, and that the defendant's actions caused the consequence or injury. Different intentional torts deal in different consequences and intents. So, depending on the contexts and situations, there are various kinds of intentional torts; they include assault, battery, false imprisonment, unlawful harassment, invasion of privacy and so on.

Legal Studies: CUET Mock Test - 6 - Question 38

Which of the following is a leading case on tort of negligence?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 38

Donoghue v Stevenson was a landmark court decision in Scots delict law and English tort law by the House of Lords. It laid the foundation of the modern law of negligence in common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care.

Legal Studies: CUET Mock Test - 6 - Question 39

Physical interference in another's property is known as

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 39

Trespass to land refers to the wrongful interference of one over the property of another without any legal justification. It should be direct and physical. Trespass to land is more of a right over the possession of property rather than ownership of property. That is, the person who is having actual possession over the property can even have a claim against the owner of that property for trespass to land.

Legal Studies: CUET Mock Test - 6 - Question 40

Which of the following is/are the purpose(s) of law of tort?

Detailed Solution for Legal Studies: CUET Mock Test - 6 - Question 40

The purposes of Tort law are:

  • Deterrence: Tort law ensures that the defendant compensates the victim for a wrongful act. This deters one from injuring others as it encourages defendants to be mindful and careful.
  • Fair and just response: Tort law ensures that the victim is compensated by the defendant to satisfy the demands of justice. The defendants are held liable for their wrongful act.
  • Loss-spreading: Tort law can be used as a tool to spread loss to a wider community. For example, where the manufacturer of a product has to pay compensation, the manufacturer may recover the costs by increasing the price of the product. In another example of automobile insurance, all drivers are required to pay auto insurance premiums, which are then used by the insurance companies to compensate the victims.
8 docs|148 tests
Information about Legal Studies: CUET Mock Test - 6 Page
In this test you can find the Exam questions for Legal Studies: CUET Mock Test - 6 solved & explained in the simplest way possible. Besides giving Questions and answers for Legal Studies: CUET Mock Test - 6, EduRev gives you an ample number of Online tests for practice

Up next

Download as PDF

Up next