CLAT Exam  >  CLAT Questions  >   Directions: In this question, one or more pr... Start Learning for Free
Directions: In this question, one or more principles are given followed by some facts. Read the principle(s) carefully and apply it/them to the given facts and choose the most appropriate option.
Principle: A surety is discharged if the creditor and the principal debtor vary the terms of the contract without his consent.
Facts: Vikash agrees to act as a guarantor for Shubham's employment as a clerk to Shivani. Later, Shubham was promoted as a financial head by Shivani. One day, Shubham stole money and left the country. Shivani decided to sue Vikash.
Decide his liability.
  • a)
    Shivani can recover from Vikash because he promised to act as a guarantor.
  • b)
    Shivani cannot recover any amount from Vikash because the terms of the guarantee contract were changed without his permission.
  • c)
    Shivani can recover from Vikash because only minor variations took place in the terms of the contract.
  • d)
    Shivani can sue Vikash and Shubham together to recover her money back.
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Directions: In this question, one or more principles are given follow...
Vikash had agreed to act as a guarantor for Shubham's employment as a clerk only. He was then promoted as financial head for which he was never guaranteed because he was neither informed that Shubham got promoted nor did they take any permission from Vikash to act as a guarantor for such a post.
The risk was enhanced without information or intimation. Therefore, he has no liability now.
Explore Courses for CLAT exam

Similar CLAT Doubts

Directions: Kindly read the passage carefully and answer the questions given beside.Part IV of the Constitution contains Directive Principles of State Policy which provide guidelines for the government to govern the country. These Directives are different from the Fundamental Rights contained in Part III of the Constitution and the ordinary laws of the land in several respects. They are not enforceable in courts and do not create any justiciable rights in favor of individuals. They require implementation by legislation and do not confer or take away any legislative power from the appropriate legislature. The courts cannot declare any law as void on the ground that it contravenes any of the Directive Principles, nor can they compel the government to carry out any Directives or to make any law for that purpose. However, it is the duty of the state to implement the Directives subject to the limitations imposed by different provisions of the Constitution upon the exercise of legislative and executive power by the state The Sub-committee on Fundamental Rights constituted by the Constituent Assembly suggested two types of Fundamental Rights — one which can be enforced in the Courts of law and the other which because of their different nature cannot be enforced in the law Courts. Later on however, the former were put under the head ‘Fundamental Rights’ as Part III which we have already discussed and the latter were put separately in Part IV of the Constitution under the heading ‘Directive Principles of State Policy’ which are discussed in the following pages. The Articles included in Part IV of the Constitution (Articles 36 to 51) contain certain Directives which are the guidelines for the Government to lead the country. Article 37 provides that the ‘provisions contained in this part (i) shall not be enforceable by any Court, but the principles therein laid down are neverthless (ii) fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. The Directives, however, differ from the fundamental rights contained in PartIII of the Constitution or the ordinary laws of the land in the following respects: (i) The Directives are not enforceable in the courts and do not create any justiciable rights in favour of individuals. (ii) The Directives require to be implemented by legislation and so long as there is no law carrying out the policy laid down in a Directive, neither the state nor an individual can violate any existing law. (iii) The Directives per-se do not confer upon or take away any legislative power from the appropriate legislature. (iv) The courts cannot declare any law as void on the ground that it contravenes any of the Directive Principles. (v) The courts are not competent to compel the Government to carry out any Directives or to make any law for that purpose. (vi) Though it is the duty of the state to implement the Directives, it can do so only subject to the limitations imposed by the different provisions of the Constitution upon the exercise of the legislative and executive power by the state.Q. Sahil, an Indian citizen, submitted a petition to the High Court, contesting the constitutional validity of a state law that permitted private companies to acquire agricultural land for industrial purposes without obtaining the consent of farmers. Sahils argument centered on the assertion that this law contravened the Directive Principles of State Policy found in Part IV of the Constitution. These principles mandate that the state must safeguard the interests of farmers and promote agriculture. In response, the state government argued that the law was valid because it had been enacted to attract investments and generate employment opportunities, which are also significant constitutional objectives. Which of the following options accurately characterizes the relationship between the Directive Principles of State Policy and the fundamental rights of citizens?

Directios: Questions 4 – 7 are based on the same set of Principles. Answer accordingly.Principle 1 – The Principal is liable for all acts of the agent done in the course of employment.Principle 2 – When a servant commits a mistake while acting on behalf of his master, causing loss to the plaintiff thereby, the master will be liable for the same.Principle 3 – Generally, the employer is not liable for torts committed by an independent contractor working for him.Exception – The employer will be held liable for the acts of an independent contractor if he authorizes the doing of an illegal act.Explanation – An independent contractor is one who is not under the complete direction and control of the employer.Principle 4 – If the servant acts negligently in the performance of his duties or displays reckless behaviour, thereby causing loss to the plaintiff, the master will be held liable.Principle 5 – If the servant does an act in defiance of an express prohibition, and the act is outside the course of employment, then the master cannot be held liable for harm arising out of such an act.Facts – Ojaswi is an old woman who lives alone in the outskirts of the city. Every month, she has to deposit a sum of Rs. 2000 in the nearby branch of the State Bank of Shamirpet. Pranesh, her neighbour, works as a teller at that branch and offers to deposit the money for her. Trustingly, Ojaswi hands him themoney at the end of the month and asks him to deposit it in her bank account. Pranesh never gave her a receipt stating that the amount had been deposited, but made false entries in her passbook nonetheless. Six months later, it is brought to her notice that Pranesh has been misappropriating all the money. She wishes to sue the State Bank of Shamirpet and claim damages for her loss. Would the Bank be liable?

Top Courses for CLAT

Directions: In this question, one or more principles are given followed by some facts. Read the principle(s) carefully and apply it/them to the given facts and choose the most appropriate option.Principle: A surety is discharged if the creditor and the principal debtor vary the terms of the contract without his consent.Facts: Vikash agrees to act as a guarantor for Shubham's employment as a clerk to Shivani. Later, Shubham was promoted as a financial head by Shivani. One day, Shubham stole money and left the country. Shivani decided to sue Vikash.Decide his liability.a)Shivani can recover from Vikash because he promised to act as a guarantor.b)Shivani cannot recover any amount from Vikash because the terms of the guarantee contract were changed without his permission.c)Shivani can recover from Vikash because only minor variations took place in the terms of the contract.d)Shivani can sue Vikash and Shubham together to recover her money back.Correct answer is option 'B'. Can you explain this answer?
Question Description
Directions: In this question, one or more principles are given followed by some facts. Read the principle(s) carefully and apply it/them to the given facts and choose the most appropriate option.Principle: A surety is discharged if the creditor and the principal debtor vary the terms of the contract without his consent.Facts: Vikash agrees to act as a guarantor for Shubham's employment as a clerk to Shivani. Later, Shubham was promoted as a financial head by Shivani. One day, Shubham stole money and left the country. Shivani decided to sue Vikash.Decide his liability.a)Shivani can recover from Vikash because he promised to act as a guarantor.b)Shivani cannot recover any amount from Vikash because the terms of the guarantee contract were changed without his permission.c)Shivani can recover from Vikash because only minor variations took place in the terms of the contract.d)Shivani can sue Vikash and Shubham together to recover her money back.Correct answer is option 'B'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: In this question, one or more principles are given followed by some facts. Read the principle(s) carefully and apply it/them to the given facts and choose the most appropriate option.Principle: A surety is discharged if the creditor and the principal debtor vary the terms of the contract without his consent.Facts: Vikash agrees to act as a guarantor for Shubham's employment as a clerk to Shivani. Later, Shubham was promoted as a financial head by Shivani. One day, Shubham stole money and left the country. Shivani decided to sue Vikash.Decide his liability.a)Shivani can recover from Vikash because he promised to act as a guarantor.b)Shivani cannot recover any amount from Vikash because the terms of the guarantee contract were changed without his permission.c)Shivani can recover from Vikash because only minor variations took place in the terms of the contract.d)Shivani can sue Vikash and Shubham together to recover her money back.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: In this question, one or more principles are given followed by some facts. Read the principle(s) carefully and apply it/them to the given facts and choose the most appropriate option.Principle: A surety is discharged if the creditor and the principal debtor vary the terms of the contract without his consent.Facts: Vikash agrees to act as a guarantor for Shubham's employment as a clerk to Shivani. Later, Shubham was promoted as a financial head by Shivani. One day, Shubham stole money and left the country. Shivani decided to sue Vikash.Decide his liability.a)Shivani can recover from Vikash because he promised to act as a guarantor.b)Shivani cannot recover any amount from Vikash because the terms of the guarantee contract were changed without his permission.c)Shivani can recover from Vikash because only minor variations took place in the terms of the contract.d)Shivani can sue Vikash and Shubham together to recover her money back.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Directions: In this question, one or more principles are given followed by some facts. Read the principle(s) carefully and apply it/them to the given facts and choose the most appropriate option.Principle: A surety is discharged if the creditor and the principal debtor vary the terms of the contract without his consent.Facts: Vikash agrees to act as a guarantor for Shubham's employment as a clerk to Shivani. Later, Shubham was promoted as a financial head by Shivani. One day, Shubham stole money and left the country. Shivani decided to sue Vikash.Decide his liability.a)Shivani can recover from Vikash because he promised to act as a guarantor.b)Shivani cannot recover any amount from Vikash because the terms of the guarantee contract were changed without his permission.c)Shivani can recover from Vikash because only minor variations took place in the terms of the contract.d)Shivani can sue Vikash and Shubham together to recover her money back.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: In this question, one or more principles are given followed by some facts. Read the principle(s) carefully and apply it/them to the given facts and choose the most appropriate option.Principle: A surety is discharged if the creditor and the principal debtor vary the terms of the contract without his consent.Facts: Vikash agrees to act as a guarantor for Shubham's employment as a clerk to Shivani. Later, Shubham was promoted as a financial head by Shivani. One day, Shubham stole money and left the country. Shivani decided to sue Vikash.Decide his liability.a)Shivani can recover from Vikash because he promised to act as a guarantor.b)Shivani cannot recover any amount from Vikash because the terms of the guarantee contract were changed without his permission.c)Shivani can recover from Vikash because only minor variations took place in the terms of the contract.d)Shivani can sue Vikash and Shubham together to recover her money back.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: In this question, one or more principles are given followed by some facts. Read the principle(s) carefully and apply it/them to the given facts and choose the most appropriate option.Principle: A surety is discharged if the creditor and the principal debtor vary the terms of the contract without his consent.Facts: Vikash agrees to act as a guarantor for Shubham's employment as a clerk to Shivani. Later, Shubham was promoted as a financial head by Shivani. One day, Shubham stole money and left the country. Shivani decided to sue Vikash.Decide his liability.a)Shivani can recover from Vikash because he promised to act as a guarantor.b)Shivani cannot recover any amount from Vikash because the terms of the guarantee contract were changed without his permission.c)Shivani can recover from Vikash because only minor variations took place in the terms of the contract.d)Shivani can sue Vikash and Shubham together to recover her money back.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Directions: In this question, one or more principles are given followed by some facts. Read the principle(s) carefully and apply it/them to the given facts and choose the most appropriate option.Principle: A surety is discharged if the creditor and the principal debtor vary the terms of the contract without his consent.Facts: Vikash agrees to act as a guarantor for Shubham's employment as a clerk to Shivani. Later, Shubham was promoted as a financial head by Shivani. One day, Shubham stole money and left the country. Shivani decided to sue Vikash.Decide his liability.a)Shivani can recover from Vikash because he promised to act as a guarantor.b)Shivani cannot recover any amount from Vikash because the terms of the guarantee contract were changed without his permission.c)Shivani can recover from Vikash because only minor variations took place in the terms of the contract.d)Shivani can sue Vikash and Shubham together to recover her money back.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Directions: In this question, one or more principles are given followed by some facts. Read the principle(s) carefully and apply it/them to the given facts and choose the most appropriate option.Principle: A surety is discharged if the creditor and the principal debtor vary the terms of the contract without his consent.Facts: Vikash agrees to act as a guarantor for Shubham's employment as a clerk to Shivani. Later, Shubham was promoted as a financial head by Shivani. One day, Shubham stole money and left the country. Shivani decided to sue Vikash.Decide his liability.a)Shivani can recover from Vikash because he promised to act as a guarantor.b)Shivani cannot recover any amount from Vikash because the terms of the guarantee contract were changed without his permission.c)Shivani can recover from Vikash because only minor variations took place in the terms of the contract.d)Shivani can sue Vikash and Shubham together to recover her money back.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: In this question, one or more principles are given followed by some facts. Read the principle(s) carefully and apply it/them to the given facts and choose the most appropriate option.Principle: A surety is discharged if the creditor and the principal debtor vary the terms of the contract without his consent.Facts: Vikash agrees to act as a guarantor for Shubham's employment as a clerk to Shivani. Later, Shubham was promoted as a financial head by Shivani. One day, Shubham stole money and left the country. Shivani decided to sue Vikash.Decide his liability.a)Shivani can recover from Vikash because he promised to act as a guarantor.b)Shivani cannot recover any amount from Vikash because the terms of the guarantee contract were changed without his permission.c)Shivani can recover from Vikash because only minor variations took place in the terms of the contract.d)Shivani can sue Vikash and Shubham together to recover her money back.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev