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 An interest which is created on a transfer of property and depends upon the fulfilment of a condition will fail, if the fulfillment of the condition is impossible or is forbidden by law or is of such a nature that, if permitted, it would defeat the provisions of any law or is fraudulent or involves or implies injury to the person or property of another or the court regards it as immoral or opposed to public policy.- Facts, A gives Rs 10 lakh to B on condition that B shall marry A's daughter C. On the date on which A gave Rs 10 lakh to B, C was dead.

    A)  B's interest in Rs 10 lakh fails because of impossibility

    B)  B's interest in Rs 10 lakh fails because of immorality

    C)  B's interest in Rs 10 lakh fails because of prohibition by law

    D)  B's interest in Rs 10 lakh does not fail

    Correct Answer: A

    Solution :

    Ans.  According to Section 36 of Indian Contract Act, 1872 and also according to the principle given here, agreements contingent on impossible events are void. Here in this case, B's interest in Rs 10 lakh fails of impossibility, as it is not possible for B to marry A's daughter C, because she was dead.


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