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Test: Legal Maxims - 1


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15 Questions MCQ Test Legal Reasoning for CLAT | Test: Legal Maxims - 1

Test: Legal Maxims - 1 for CLAT 2022 is part of Legal Reasoning for CLAT preparation. The Test: Legal Maxims - 1 questions and answers have been prepared according to the CLAT exam syllabus.The Test: Legal Maxims - 1 MCQs are made for CLAT 2022 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Legal Maxims - 1 below.
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Test: Legal Maxims - 1 - Question 1

What is meant by Consensus ad idem?

Detailed Solution for Test: Legal Maxims - 1 - Question 1

There must be meeting of minds of both the parties on the same subject for a valid contract. 
Example 1 - X contracts with B to sell his White house. B sends his acceptance for the same horse. A valid Contract is made.
Example 2- X contracts with B to sell his White Horse. B sends his acceptance for the Black horse of X. This is not a valid contract.
Hence, option D is correct.

Test: Legal Maxims - 1 - Question 2

What do you mean  by Nudum Pactum?

Detailed Solution for Test: Legal Maxims - 1 - Question 2

A gratuitous or bare promise, devoid of any consideration. 
A nudum pactum in Latin literally means 'Bare or Naked Promise.' In common law, it refers to a promise that is not legally enforceable for want of consideration. An example of a nudum pactum would be an offer to sell something without a corresponding offer of value in exchange. While the offer may bind a person morally, since the offer has not been created with any consideration, it is gratuitous and treated as a unilateral contract. The offer is therefore revocable at any time by the offeror before acceptance by the offeree.
Hence, option C is correct.

Test: Legal Maxims - 1 - Question 3

What is meant by doctrine of restitution?

Detailed Solution for Test: Legal Maxims - 1 - Question 3

The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. When a court orders restitution it orders the defendant to give up his/her gains to the claimant. If a minor has unjustly enriched himself equity demands that such property or goods be restored by minor. 
 Example- X a minor makes a contract with D to sell his house and pays him 50000 rupees. The contract is held as void ab intio by the court and the house is returned to X. X must return the Consideration for the house i.e. 50k back to D.
Hence, option A is correct.

Test: Legal Maxims - 1 - Question 4

What is  Meant by Ubberrima fides?

Detailed Solution for Test: Legal Maxims - 1 - Question 4

Utmost good faith. 
It is the name of a legal doctrine which governs insurance contracts. This means that all parties to an insurance contract must deal in good faith, making a full declaration of all material facts in the insurance proposal. This contrasts with the legal doctrine caveat emptor ("let the buyer beware")
Hence, option D is correct.

Test: Legal Maxims - 1 - Question 5

What is meant by Quid pro quo?

Detailed Solution for Test: Legal Maxims - 1 - Question 5

Quid pro quo in Latin stands for "something for something," and is used to describe when two parties engage in a mutual agreement to exchange goods or services. In a quid pro quo agreement one transfer is contingent upon a reciprocal transfer. As a term, quid pro quo is used similarly in business and legal contexts to convey that a good or service has been exchanged for something of equal value.
Hence, option D is correct.

Test: Legal Maxims - 1 - Question 6

What is meant by "doli incapax"?

Detailed Solution for Test: Legal Maxims - 1 - Question 6

Doli Incapax is a Latin term that means “incapable of doing harm”. This term has been used to describe a presumption of innocence for children in Criminal law in most countries. The basis of this presumption lies in the theory of Criminal responsibility.
Hence, option A is correct.

Test: Legal Maxims - 1 - Question 7

The doctrine of "stare decisis" underpins the common law system. What is "stare decisis"?

Detailed Solution for Test: Legal Maxims - 1 - Question 7

In common law legal systems, a precedent, or authority, is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.
Hence, option C is correct.

Test: Legal Maxims - 1 - Question 8

What is meant by "Ex turpi causa non oritur actio"?

Detailed Solution for Test: Legal Maxims - 1 - Question 8

Ex turpi causa non oritur actio is a legal doctrine which states that a plaintiff will be unable to pursue legal remedy if it arises in connection with his own illegal act.
Hence, option  B is correct.

Test: Legal Maxims - 1 - Question 9

What is meant by per incuriam?

Detailed Solution for Test: Legal Maxims - 1 - Question 9

Per incuriam - literally translated as "through lack of care" is a device within the common law system of judicial precedent. A finding of per incuriam means that a previous court judgment has failed to pay attention to relevant statutory provision or precedents.
Hence, option A is correct.

Test: Legal Maxims - 1 - Question 10

What does the "sine qua non" rule, in terms of causation, mean?

Detailed Solution for Test: Legal Maxims - 1 - Question 10

The essential, crucial, or indispensable ingredient without which something would be impossible: “Her leadership was the sine qua non of the organization's success.” From Latin, meaning “without which nothing.”
Hence, option B is correct.

Test: Legal Maxims - 1 - Question 11

Which of the following is the closest in meaning to the legal maxim res communes? 

Detailed Solution for Test: Legal Maxims - 1 - Question 11

Res communes is a Roman & civil law concept. It means things owned by no one and subject to use by all. Things (as light, air, the sea, running water) are incapable of entire exclusive appropriation and are considered as subject of Res communes.
Hence, option C is correct.

Test: Legal Maxims - 1 - Question 12

Mala fide means:

Detailed Solution for Test: Legal Maxims - 1 - Question 12

Bad faith (Latin: mala fides) is double mindedness or double heartedness in duplicity, fraud, or deception.[1] It may involve intentional deceit of others, or self-deception.
Hence, option B is correct.

Test: Legal Maxims - 1 - Question 13

Actio personalis moritur cum persona means:

Detailed Solution for Test: Legal Maxims - 1 - Question 13

Actio personalis moritur cum persona is a Latin expression meaning "a personal right of action dies with the person". Some legal causes of action can survive the death of the claimant or plaintiff, for example actions founded in contract law. However, some actions are personal to the plaintiff, defamation of character being one notable example. Therefore, such an action, where it relates to the private character of the plaintiff, comes to an end on his death, whereas an action for the publication of a false and malicious statement which causes damage to the plaintiff's personal estate will survive to the benefit of his or her personal representatives.
Hence, option A is correct.

Test: Legal Maxims - 1 - Question 14

Lex tallienis denotes:

Detailed Solution for Test: Legal Maxims - 1 - Question 14

Lex tallienis is the principle or law of retaliation that a punishment inflicted should correspond in degree and kind to the offense of the wrongdoer, as an eye for an eye, a tooth for a tooth; retributive justice.
Hence, option D is correct.

Test: Legal Maxims - 1 - Question 15

En venire sa mere is a person in being for the purpose of:

Detailed Solution for Test: Legal Maxims - 1 - Question 15

En Ventre Sa Mere means in the mother's womb. For example, ‘child en ventre sa mere’ means a child in the mothers womb. It refers to an unborn child, and is usually used while referring to that child's rights. In law, a child is for all beneficial purposes considered as born while in ventre sa mere. For example, for the purpose of inheritance, a child is treated as having been in existence at the time of the decedent's death if the child is en ventre sa mere at the time of a decedent's death and is subsequently born alive.
Hence, option B is correct.

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