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: If a party to a contract agrees to it under undue influence of any other party then the party under the undue influence may refuse to perform in accordance with the agreement.
    Facts: A, a rich youngster became a member of a religious group and soon he was appointed by P the head of the group as his personal secretary. As per the rules of the group, all officials and staff of the group were supposed to stay in the group's official premises itself. Some days later, A was asked by P to execute a Gift deed in favor of P. in which it was mentioned that all immovable properties in his name are being gifted to P. A was unwilling to execute the deed, but he was forcefully restrained by P and his body guards in P's office and made a sign the gift deed. Soon after this A left the group and refused to hand over the property as agreed to in the gift deed. Is As action valid?

    A) A executed the deed, under compulsion and undue influence, and was right in with drawing from the contract.

    B) It is illegal for religious groups acquire property from its members.

    C) As the gift deed was executed by A, he cannot refuse.

    D) As Gift is also a contract, the consent of A was not obtained by P while executing the deed.

    Correct Answer: A


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