CLAT CLAT Solved Paper-2013

  • question_answer
    Directions This section consists of fifty (50) questions. Each question consists of legal propositions principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
    Principle When an offer is accepted by a person to whom it is made, it becomes a promise. But this promise will become legally binding only when the acceptance of the offer is unconditional. Facts Ram makes an offer to sell his house to Shyam for. Rs 50 lakh. Shyam accepts this offer but wants to pay the price of the house in five quarterly installments. Ram does not agree to it. Thereafter Shyam agrees to pay the price of the house in the way as originally desired by Ram. But Ram does not reply to it. Can Shyam compel Ram to sell his house to him?

    A)  Shyam can compel Ram to sell his house because Shyam ultimately agrees to pay the price as originally desired by Ram

    B)  Shyam can compel Ram to sell his house because Shyam in the first instance substantially complied with the desire of Ram

    C)  Shyam can compel Ram to sell his house because Ram's offer does not exclude the payment of price in instalments

    D)  Shyam cannot compel Ram to sell his house because Shyam imposes a new condition about payment of price of the house while accepting the offer which is not ultimately accepted by Ram

    Correct Answer: D

    Solution :

    Ans.  According to the principle mentioned in the question, promise becomes a legal binding only when the  acceptance of the offer is unconditional, but here Shyam did not accepted the offer of Ram as it was proposed. Shyam mentioned a condition that he wants to pay the price in the five quarterly instalments, so according to the principle, Shyam cannot compel Ram to sell his house.


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