CLAT CLAT Solved Paper-2017

  • question_answer
    Direction: Question numbers 1-35 consists of legal proposition(s)/ principle(s) (hereinafter referred to s 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in wiring these questions, you must not rely on any principle except the principles those 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 absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law. Therefore, to were a question, principle is to be applied to the given facts and to choose the most appropriate option.
    Principle: It is a case of fraud where a party to a contract knows or believes a fact to be true, but conceals it actively from the other party with a view to induce that person to enter into the contract.
    Facts: While taking a life insurance policy, in reply to questions by the insurance company during the inquiry into his proposal. Zameer deliberately concealed the fact of his medical treatment for a serious ailment, which he had undergone only a few weeks ago.

    A) The act of Zameer did not amount to fraud, as disclosing the fact would have resulted in exposure of his privacy.

    B) The act of Zameer amounted to innocent misrepresentation.

    C) The act of Zameer did not amount to any misrepresentation.

    D) The concealment of fact by Zameer amounted to fraud.

    Correct Answer: D


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