Legal Studies: CUET Mock Test - 6 - CUET MCQ

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.

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.

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.

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.

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.

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.

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.

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.

The Doctrine of Election requires a party to either accept both the benefit and the burden or reject both in a transfer.

According to the Doctrine of Election, the party must accept both the benefit and the burden or cancel the entire transfer.

B must accept both the house and garden or reject the entire transaction under the Doctrine of Election.

The Doctrine of Election prevents a party from selectively accepting the benefit while rejecting the burden in a property transfer.

In Cooper v. Cooper, the court applied the Doctrine of Election, requiring the party to accept both the benefit and burden of the transaction.

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.

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.

(A) Correct: The Transfer of Property Act only permits transfers for lawful objects and consideration.
(B) Incorrect: A person legally disqualified cannot transfer property, even with the transferee's consent.
(C) Correct: Conditional transfers are valid as long as the conditions are not illegal or impossible.
(D) Correct: A transfer is valid if the transferor is competent and entitled to the property.

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.

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.

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.

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.

(A) Incorrect: The Doctrine of Election does not allow rejecting both the benefit and the burden in a single transaction.
(B) Correct: Property involved in pending litigation cannot be transferred as per the Doctrine of Lis Pendens.
(C) Incorrect: Property cannot be transferred during litigation if it affects the rights of others.
(D) Correct: The seller is liable to disclose known defects to the buyer.

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.

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.

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

'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.

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.

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.

Lawyers in the adversarial system present their clients' case by providing evidence and arguments, while the judge makes the decision based on the merits of the case.

In the adversarial system, the judge acts as a neutral party and makes decisions based on the arguments and evidence presented by the opposing parties.

The judge decides the final verdict based on the arguments and evidence presented by both parties in an adversarial system.