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 A contract between the father and his son is a contract of utmost good faith. In such a type of contract law presumes that at the time of entering into the contract the father was in a position to dominate the will of his son. Where one of the parties was in position to dominate the will of the other party, the contract is enforceable only at the option of the party whose will was so dominated.                                                                               Facts Ram had advanced a sum of Rs 10000 to his minor son Shyam. When Shyam became major, his father Ram misused his parental position and entered into an agreement with Shyam and obtained a bond from him for a sum of Rs 30000 in respect of the advance. Whether this agreement is enforceable?                                                             

    A)  The agreement is enforceable against Shyam only for Rs 10000, the actual amount of money advanced to him                

    B)  The agreement is enforceable against Shyam for Rs 30000 because he has signed the bond                                

    C)  The agreement is enforceable against Shyam because he was major at the time of agreement                          

    D)  The agreement is not enforceable against Shyam because Ram has misused his position as father to obtain an unfair advantage  

    Correct Answer: D

    Solution :

    Ans.  According to the principle, where one of the parties is in a position to dominate the will of the other party, the contract is enforceable only at the option of the party whose will was so dominated. In this case Ram (father) misused his parental 6 position and entered into an agreement with Shyam (son) and obtained a bond from him for a sum of Rs 30000, so the agreement is not enforceable against Shyam because Ram has misused his position as father. Same principle is given under section 16 of Indian Contract Act, 1872.      


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