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 When a party to a contract has refused to perform or disabled himself from performing, his promise in its entirety, the other party shall not put an end to the contract.
    Facts 'A' engaged 'B' on 12th April to enter his service on 1st June but on 11th May 'A' wrote to 'B' that his services would not be needed. On 22nd May 'B' joined 'C' for employment.

    A) 'B' cannot put the contract to an end.

    B) 'B' can put the contract to an end.

    C) 'C' can put his contract with 'B' to an end.

    D) 'A' must pay damages to 'B'.

    Correct Answer: A

    Solution :

    Sol.      [a] According to the principle, even when one party disables itself from performing the promise in his entirety, the other party shall not put an end to the contract. Therefore, even if 'A' retracted from the promise, 'B' cannot put the contract to an end till the stipulated date 'of 1st June.


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