CLAT CLAT Solved Paper-2013

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    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 If a contract is made by post between two persons living in two different cities, then the contract is said to be complete as soon as the letter of acceptance is properly posted and the place of completion of the contract is that city where acceptance is posted. It is worth mentioning here that in every contract there is always an offer from one party and the acceptance of the offer from the other party. Facts Sani, a resident of Patna, gives an offer by post to sell his house for Rs 25 lakh to Hani, a resident of Allahabad. This offer letter is posted on 1st January, 2013 from Patna and reaches Allahabad on 7th January, 2013. Hani accepts this offer and posts the letter of acceptance on 8th January, 2013 from Allahabad which reaches Patna on 16th January, 2013. But Sani presuming that Hani is not interested in accepting his offer, sells his house to Gani at same price on 15th of January, 2013. Hani files a suit against Sani for the breach of contract in the competent court of Allahabad. Whether Hani will succeed?

    A)  Hani cannot succeed as Sani cannot be compelled by law to wait for the answer from Hani for an indefinite period of time

    B)  Hani cannot succeed as he could use some other effective and speedy mode for communicating his acceptance in minimum possible time

    C)  Hani can succeed as he properly posted the letter of acceptance and the delay was beyond his control

    D)  Hani can succeed as contract became complete in the eyes of law on the date of posting the letter of acceptance

    Correct Answer: D

    Solution :

    Ans.  According to the legal principle given in this scenario, the contract is said to be complete as soon as the letter of acceptance is properly posted and the place of completion of the contract is that city where acceptance is posted. In this case, Hani can succeed, because he posted his acceptance the very next day without wasting any time, so the contract became complete in the eyes of law on the date of posting the letter of acceptance.


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