Legal Studies: CUET Mock Test - 6 - Humanities/Arts MCQ

Option C is correct because the Indian Contract Act, 1872, does not explicitly list 'intention to create legal relations' as an essential element. Competency of parties (Section 11), real consideration (Section 2(d)), and lawful object (Section 23) are clearly specified.

Option A is correct because mere commercial impossibility, such as increased costs or economic unprofitability, does not frustrate a contract under Section 56. Options B, C, and D (government restrictions, destruction of subject matter, and death in personal services) are valid grounds for frustration.

Section 57 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.

Option A is correct. Section 30 of the Indian Contract Act, 1872, states that wagering agreements are void. The reason is valid because a wager depends on the determination of an uncertain event, creating uncertainty for both parties.

Option A is correct. For a general offer to form a valid contract under the Indian Contract Act, 1872, the acceptor must have knowledge of the offer before performing the act of acceptance. Performance without knowledge, as established in cases like Lalman Shukla v. Gauri Dutt (1913), does not entitle the performer to the reward.

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.

Option A is correct. Under Article 37 of the Constitution, Directive Principles of State Policy (Part IV) are not enforceable by any court but are fundamental in the governance of the country, guiding the State in law-making.

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 D is correct. The Preamble to the Constitution of India begins with "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India...," indicating that the solemn resolution is made in the name of the People of India. Options A, B, and C are incorrect, as they do not appear in the Preamble.

Option D is correct. Under Articles 25–28 of the Constitution, the right to freedom of religion is subject to limitations:

• A: It does not include the power to regulate law and order, which is a state function (Article 25 restricts rights for public order).
• B: It excludes conversions by money or allurement, as held in Stanislaus v. Madhya Pradesh (1977), which upheld laws prohibiting forced conversions.
• C: It does not grant unrestricted power to amend long-prevailing religious customs, as reforms may be limited by law or community practices.
• Thus, all options are correct exclusions, making D the answer.

(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.

Option D is correct.

Assertion (A) is false, as fundamental duties under Article 51A are non-enforceable by courts, lacking direct legal sanctions.

Reason (R) is true, as Article 51A directs citizens to perform duties, constituting a constitutional command, though not judicially enforceable.

Option C is correct. The Indian Bar Councils Act, 1926, was enacted based on the Chamier Committee’s recommendations (1923–24), which proposed establishing Bar Councils to regulate the legal profession and standardize legal practice.

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.

Option C is correct. US law schools, in their three-year J.D. programs, employ both the Case study method (analyzing judicial opinions) and the Socratic method (interactive questioning to develop critical thinking).

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.

Option C is correct. The Bar Council of India is a statutory body constituted under Section 4 of the Advocates Act, 1961, to regulate legal practice and education. It prescribes professional conduct and etiquette, exercises disciplinary jurisdiction, and recognizes law degrees for advocate enrollment. Options A, B, and D are incorrect, as they do not govern BCI’s formation

Option B is correct. Under Section 56 of the Indian Contract Act, 1872, a contract impossible to perform, such as B marrying C who died five years ago, is void ab initio, meaning invalid from the outset. Option A is incorrect, as voidable contracts involve choice, not impossibility. Option C is incorrect, as restraint of marriage (Section 26) does not apply to deceased persons. Option D is invalid

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.

Option C is correct. Per the principles, battery requires intentional application of force. The guard’s passive obstruction, likened to a door, involves no force, so no battery was committed. Option A (assault) requires a threat, not present. Option B is incorrect, as no force was used, trivial or otherwise. Option D (wrongful restraint) is a criminal offence, not a tort.

In common law systems, judges create binding precedents, which influence the development of the law, whereas in civil law systems, the legislature holds the authority to create laws.

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.

In common law systems, judicial decisions can create binding precedents, which lower courts are required to follow.