CLAT CLAT Solved Paper-2014

  • question_answer
    Direction: 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. \n other words, in answering the following questions, you must not rely on any principles except the principles that are given herein 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. \t is not the object of this section to test your knowledge of law.
    Principle: A proposal (offer) should be made with an intention that after its valid acceptance, a legally binding promise or agreement will be created. The test for the determination of such intention is not subjective, rather it is objective. The intention of the parties is to be ascertained from the terms of the agreement and the sup rounding circumstances under which such an agreement is entered into. As a general rule, in the case of arrangements regulating social relations, it follow as a matter of course that the parties do not intend legal consequences to follow. On the contrary, as a general rule, in the case of arrangements regulating business affairs, it follows as a matter of course that the parties intend legal consequences to follow. However, the above rules are just presumptive in nature, and hence, can be rebutted.
    Facts: One morning while having breakfast, 'X', the father, says to T (X's son), in a casual manner, 'I shall buy a motorbike for you if you get through the CLAT.'
    Which of the following derivations is CORRECT?

    A) 'X' made a statement that resulted in an enforceable promise

    B) 'X' made a statement that resulted in a valid proposal

    C) 'X' made a statement that resulted in an enforceable agreement

    D) 'X' made a statement that did not result in any enforceable agreement

    Correct Answer: D


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