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 a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the other party may put an end to the contract. Facts A engaged B on April 12 to enter his service on June 1 but on May 11, A wrote to B that his services would not be needed. On May 22, B joined C for employment. 3

    A)  B must wait till June 1                                               

    B)  B must have joined C on May 11

    C)  B is not bound to wait till June 1       

    D)  A must pay damages to B

    Correct Answer: C

    Solution :

                            Ans.  According to the principle, if a party to a contract has refused to perform his promise in its entirety, the other party may put an end to the contract. In the present case, as A wrote to B that his services are not needed now. So, B is free to put an end to the contract and also free to join C for employment.


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