CLAT CLAT Solved Paper-2019

  • question_answer
    Each question consists of legal principle(s) (here-in-after referred to as 'principle') and facts. Such proposition 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. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e. [a], [b], [c] or [d] is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle 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 ability in legal aptitude, 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.
    Principle An agreement without free consent can be enforced only at the option of the party whose consent was not free.
    Facts 'A' obtains the consent of 'B' to enter into an agreement by putting a gun on the head of B's girlfriend.

    A) 'B' can enforce the agreement.

    B) 'B' cannot enforce the agreement.

    C) 'A' can enforce the agreement.

    D) Neither 'A' nor 'B' can enforce the agreement.

    Correct Answer: A

    Solution :

    Sol.      [a] In this case, the consent of 'B' was extracted by putting a gun on the head of B's girlfriend. So, 'B' has the option of enforcing the agreement as his consent was not free.


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