CLAT 2019 Legal Reasoning Question Paper
This section consists of fifty (50) questions. Each question
consists of legal principle(s) (hereinafter 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.
Facts:’A‘ made a proposal to ‘B‘ to sell a chair
for Rs. 500. ‘B‘ is desirous of buying the said chair for Rs. 400.
(A) B has accepted
the proposal of A.
(B) B has not accepted
the proposal of A.
(C) It is not clear
if B has accepted the proposal of A.
(D) It is not clear
whether A made a proposal to B.
2. Principle:
An agreement with a boy below the age of eighteen years is not enforceable by law.
Facts: A man entered
into an agreement with a girl of seventeen years of age.
(A) The agreement
is enforceable by law.
(B) The agreement
is not enforceable by law.
(C) The agreement
is enforceable by the girl.
(D) No inference
can be drawn.
3. Principle:
Sale of liquor is illegal. All agreements relating to prohibited items do not exist
in the eyes of law.
Facts: ‘A‘
entered into an agreement with ‘B‘ for the sale of liquor. ‘A‘ failed
to supply the agreed quantity of liquor to B.
(A) B can bring
a legal action against A.
(B) B cannot bring
any legal action against A.
(C) A can bring
a legal action against B.
(D) A and B can
initiate appropriate legal proceeding against each other.
4. Principle:
The communication of a proposal is complete when it comes to the knowledge of the
person to whom it is made.
Facts: ‘A‘
sent a letter making a proposal to ‘B‘ to purchase the house of B.
(A) The communication
of proposal is complete when A sent the letter.
(B) The communication
of proposal is complete when B‘s wife received it.
(C) The communication
of proposal is complete when B‘s wife handed over the letter to B.
(D) The communication
of proposal is complete when B reads the letter.
5. Principle:
An agreement may be entered into orally, in writing, or by conduct.
Facts:’A‘ went to the shop of ‘B‘ and picked a
tooth brush and gave a cheque of Rupees twenty to B and left the shop.
(A) A entered into
an agreement with B.
(B) A did not enter
into an agreement with B.
(C) Payment of
tooth brush cannot be made through a cheque.
(D) A should have
carried a currency note of Rupees twenty to make the payment.
6. Principle:
Property consists of right to posses, right to use, right to alienate and right
to exclude others. Sale is complete when property gets transferred from the seller
to the buyer.
Facts: ‘A‘
sold his car to ‘B‘ B requested A to keep the car in his care on behalf B
for one month. A agreed.
(A) Sale of car
is complete.
(B) Sale of car
is not complete.
(C) Sale will be
completed when B keeps the car in his own care.
(D) Sale will be
automatically completed after the expiry of one month.
7. Principle:
A person, who is usually mad, but occasionally not mad, may make a contract when
he is not mad.
Facts: ‘A‘
generally remains in the state of madness and rarely becomes capable of understanding
anything.
(A) A can make
a contract.
(B) A can never
make a contract.
(C) A can make
a contract at any time whenever he pleases.
(D) A can make
a contract only for his own benefit.
8. 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
girl friend.
(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.
9. Principle:
Where one of the parties to a contract was in position to dominate the decision
of the other party, the contract is enforceable only at the option of the party
who was in a position to dominate decision of the other party.
Facts:
A doctor asked his patient
to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever.
The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay
the remaining amount after the treatment. After treatment the patient recovered
from fever. The doctor demanded the remaining amount from the patient. The patient
refused to pay.
(A) The contract
is enforceable against the doctor.
(B) The contract
is enforceable against the patient.
(C) The contract
is not enforceable.
(D) The contract
is not enforceable against the patient.
10. Principle:
When, at the desire one person, any other person has done or abstained from doing
something, such act or abstinence or promise is called a consideration for the promise.
Facts: X, the
uncle of Y, made a promise to pay him an amount of Rs. 1,00,000/- as reward if Y
quits smoking and drinking within one year. Y quit smoking and drinking within six
months.
(A) Consideration
has moved from the side of X.
(B) Consideration
has moved from the side of Y.
(C) No consideration
has moved from the side of Y.
(D) Quitting smoking
and drinking cannot be a consideration.
11. Principle:
Law never enforces an impossible promise.
Facts:’A‘ made a promise to ‘B‘ to discover treasure
by magic.
(A) Law will enforce
the promise.
(B) Law will not
enforce the promise.
(C) Law will enforce
the promise only at the option of A.
(D) Law will enforce
the promise only at the option of B.
12. Principle:
When a person who has made a promise to another person to do something does not
fulfill his promise, another person becomes entitled to receive, from the person
who did not fulfill his promise, compensation in the form of money.
Facts: X made
a promise to Y to repair his car engine. Y made the payment for repair. After the
repair, Y went for a drive in the same car. While driving the car, Y met with an
accident due to bursting of the tyre.
(A) X will be entitled
to receive compensation from Y in the form of money
(B) Y will be entitled
to receive compensation from X in the form of money
(C) X will not
be entitled to receive compensation
(D) Y will not
be entitled to receive compensation from X
13. Principle:
Whoever takes away any moveable thing from the land of any person without that person‘s
consent is said to commit theft.
Facts: During
his visit to the home of C, A asks B, the son of C, to accompany A to a forest.
Neither A nor B inform C in this regard. B accompanies A to the forest.
(A) A has committed
theft.
(B) A has not committed
theft.
(C) A has committed
theft as soon as he entered the home of C.
(D) A has not committed
theft till B did not accompany him.
14. Principle:
Nothing is an offence if it is done in good faith for the purpose of preventing
or avoiding greater harm or damage to person or property.
Facts: A jumps
into a swimming pool to save a boy from drowning. While pulling the boy from water
A was hit by C. A left the boy in the water and attacked C. The boy died in the
water.
(A) A has not committed
the offence of killing the boy.
(B) A has committed
the offence of killing the boy.
(C) The boy has
committed the offence of suicide.
(D) The boy has
committed the offence of drowning.
15. Principle:
Causing of an effect partly by an act and partly by an omission is an offence.
Facts:A did not provide any food to his daughter D. He
also confined D in a room. Consequently, D died.
(A) A committed
the offence of not providing food to D.
(B) A committed
the offence of confining D.
(C) A committed
the offence of killing D.
(D) A committed
no offence.
16. Principle:
Nothing is an offence which is done in the exercise of the right of private defence.
Nothing is an offence which is done in madness.
Facts: A, under
the influence of madness, attempts to kill B. B to save his life kills A.
(A) A has committed
the offence of attempt to murder
(B) A has committed
an offence of being mad
(C) B has committed
an offence
(D) B has not committed
an offence
17. Principle:
A man is guilty of not only for what he actually does but also for the consequences
of his doing.
Facts: A wanted
to kill the animal of B. He saw B standing with his animal and fired a gun shot
at the animal. The gun shot killed B.
(A) A is guilty
of killing B.
(B) A is not guilty
of killing B.
(C) B is guilty
of standing with the animal.
(D) A did not know
that the gun shot will kill B.
18. Principle:
Mere silence as to facts likely to affect the decision of a person to enter into
a contract is not fraud.
Facts:
A sells to B (A‘s daughter
who is a minor) a horse which A knows to be unsound. A says nothing to B about the
unsoundness of the horse.
(A) A has committed
fraud
(B) A has committed
no fraud
(C) There cannot
be a contract between a father and daughter
(D) The daughter
did not ask therefore the father did not tell, hence no fraud
19. Principle:
Whoever attempts to commit the offence of cheating, commits an offence.
Facts:A with an intention to defraud B, obtains from him
an amount of Rs. 500.
(A) A has committed
no offence
(B) A has committed
the offence of cheating
(C) A has attempted
to commit the offence of cheating
(D) A has attempted
to commit and has committed the offence of cheating
20. Principle:
Whoever by words publishes any imputation concerning any person is said to defame
that person.
Facts: During
a marriage ceremony, A circulated a pamphlet saying sister of the bride ‘S‘
is a thief, she has stolen the shoes of the bridegroom.
(A) A defamed S
(B) A did not defame
S
(C) A defamed the
bridegroom
(D) A defamed the
bride
Facts: ‘A‘
and ‘B‘ were working in a factory as unskilled laborers. A was carrying a
basket of stones on his head. B was sitting on the ground. When A crossed B, all
of a sudden a stone fell down from the basket and hit B on his head. B died instantaneously.
(A) The employer
will be liable
(B) The employer
will not be liable
(C) A will be liable
(D) Both employer
and A will be liable
22. Principle:
Damages the money recompense, as far as money can do, for the loss suffered by a
person.
Facts: A, an Indian
citizen, having a right to vote, was not allowed to cast his vote on the polling
booth, by the returning officer. Name of A was mentioned in the voter‘s list. A
has also reported at the polling booth in time. However, the candidate in whose
favor A would have cast his vote won the election. A filed a suit claiming damages.
(A) A will be entitled
to damages
(B) A will not
be entitled to damages
(C) A will be entitled
to only nominal damages
(D) A will be entitled
to exemplary damages
23. 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 April 12 to enter his service on June 1, but on May 11, A wrote to B that his
services would not be needed. On May 22, 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.
24. Principle:
Everyone shall be permitted to take advantage of his own wrong.
Facts:A legatee was heavily drunk and driving his car
at a speed of 100 Km/per hour in a crowded market. All of a sudden his testator
came on the road. There were other people on the road at that time. The car driven
by legatee hit the testator and four other persons. All the five persons hit by
the car died.
(A) The legatee
can take the benefit under the will
(B) The legatee
cannot take the benefit under the will
(C) The legatee
will be punished
(D) The property
of the testator will go to his heirs
25. Principle:
Property can be transferred only by a living person to another living person.
Facts:’A‘ transfers property of which he is the owner
in favor of the unborn child of B.
(A) Property has
been transferred to the unborn child
(B) Property has
been transferred to B
(C) Property has
not been transferred to the unborn child
(D) Property will
be transferred to the unborn child after his birth
26. Principle:
An interest created, dependent upon a condition fails, if the fulfillment of the
condition is impossible.
Facts: A promises
to pay Rs. Ten Lakh to B on condition that he shall marry A‘s daughter C. At the
date on which A gave Rs. Ten Lac to B, C was dead.
(A) B‘s interest
fails
(B) B‘s interest
fails because of immorality
(C) B‘s interest
fails because of prohibition by law
(D) B‘s interest
does not fail
27. Principle:
A condition must be complied with after the happening of the event to which such
a condition is attached.
Facts: A promises
to pay Rs. 5,000 to B on the condition that he shall marry with the consent of C,
D and E. B marries without the consent of C, D and E, but obtains their consent
after the marriage.
(A) B has fulfilled
the condition
(B) B has not fulfilled
the condition
(C) The condition
is illegal
(D) B must divorce
his wife
28. Principle:
A condition must be complied in order to claim the benefit of an agreement.
Facts:A agrees to transfer a farm to B, if B shall not
go to England within three years after the date of the agreement, his interest in
the farm shall cease. B does not go to England within the term prescribed.
(A) B‘s interest
in the farm continues
(B) B‘s interest
in the farm does not continue
(C) B has a fundamental
right to go to England or not to go to England and hence the condition is illegal
(D) The agreement
between A and B is void
29. Principle:
Existence of all the alleged facts is relevant whether they occurred at the same
time and place or at different times and places.
Facts: A, a citizen
of England, is accused of committing murder of B in India by taking part in a conspiracy
hatched in England.
(A) The facts that
A accused of commission of murder and of conspiracy are relevant facts
(B) Only the fact
that A is accused of committing murder of B is relevant
(C) Only the fact
that A is accused of conspiracy hatched in England is relevant
(D) A citizen of
England cannot be tried in India
30. Principle:
One who asserts must prove.
Facts:A desires a Court to give judgment that B, C and
D shall be punished for a crime which A says B, C and D have committed.
(A) A must prove
that B, C and D were present at the place of crime
(B) A must prove
that B, C and D have committed the crime
(C) B, C and D
must prove that they have not committed the crime
(D) Police must
prove that B, C and D have committed the crime
31. Principle:
Foreign judgment binds the parties and is conclusive unless it is obtained by fraud.
Facts: A obtains
judgment from US court by producing fake documents.
(A) New Suit can
be filed in India on the same facts
(B) Judgment can
be enforced in US
(C) Judgment can
be enforced in India
(D) New suit can
not be filed in India on same facts
32. Principle:
Decision of Court is Null and Void, if it is given by court which does not have
jurisdiction over the subject matter.
Facts: A obtains
decision from a court which did not have jurisdiction to deal with the subject matter.
(A) Decision can
be enforced because both the parties were present
(B) Decision cannot
be enforced because decision is null and void
(C) Decision can
be enforced because it is given a court
(D) Decision can
be enforced
33. Principle:
Civil Suit can be filed where defendant resides or carries on business or where
cause of action arises.
Facts: ‘A‘
carries on business in Gurgaon, ‘B‘ carries on Business in Mumbai. ‘B‘
through his agent in Gurgaon purchases goods in Gurgaon and takes delivery through
agent in Gurgaon. Where Civil Suit for payment of price can be filed by ‘A‘?
(A) Gurgaon only
where cause of action arises
(B) At Mumbai where
B carries on Business
(C) At either of
the places i.e. Mumbai or Gurgaon
(D) Anywhere in
India
34. Principle:
Civil Suit can be filed where defendant resides or carries on business or where
cause of action arises.
Facts: An agreement
is signed and executed in New Delhi between A and B for supply of goods wherein
B is to supply goods to be delivered at New Dehli to client of A. A carries on business
at Haryana and B carries on Business in UP. Civil suit by ‘B‘ for payment
of consideration can be filed against ‘A‘ at
(A) Only at New
Delhi, where cause of action arises
(B) Only at Haryana
where ‘A‘ carries on business
(C) Only at UP
where ‘B‘ carries on business
(D) At Haryana
or at New Delhi
35. Principle:
No court can execute the decisions unless it is having territorial jurisdiction
over the property or the person against whom decision is to be executed. The Court
which gave the decision can transfer the matter to the court which has the territorial
jurisdiction over the person or property.
Facts: A decision
is given by court at New Delhi on a contractual matter against X in a suit between
X and Y. X is resident of Maharashtra and he has properties in Maharasthra and Gujarat.
(A) New Delhi court
can transfer the proceedings to Court at Maharashtra only
(B) New Delhi court
can execute the decision because it had the jurisdiction to decide the matter so
it can execute also
(C) New Delhi court
can transfer the proceedings to court at Gujarat only
(D) New Delhi court
can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat
36. Principle:
Nothing is an offence by reason of any harm it may cause to another person, if it
is done in good faith and for the benefit of that person even without that person‘s
consent.
Facts: A is attacked
by a Lion and Lion drags him while he is crying for help. B, a passer by picks up
A‘s gun in good faith and fires at Lion which injures A. B has never used the gun
before.
(A) B is liable
for the injury because he knew that he can injure A as he has never used any gun
before
(B) B is not liable
as he has done the act in good faith
(C) B is liable
because he has not taken A‘s consent before firing
(D) B is liable
because he has used A‘s gun without his consent
37. Principle:
Nothing is an offence if it is done under intoxication and the person commiting
the offence was incapable to understand the nature of the Act. Intoxication should
be without knowledge or against the will of the person.
Facts: A, B and
C were having a party in Bar where A pursuaded B and C to take alcoholic drinks.
On the persistent pursuation B and C also consumed alcohol along with A. B and C
had never consumed alcohol before. After intoxiation, there was some argument between
B and C where C pushed B with full force causing serious injury to B.
(A) C is liable
(B) C is not liable
because he was intoxicated
(C) A is liable
because A pursuaded them to consume alcohol whereas they had never consumed alcohol
(D) A and C both
are liable
38. Principle:
Everyone has the right of private defence to defend his body and property by use
of reasonable force unless that person had time to have recourse to protection of
public authorities.
Facts: X receives
information at 5.00 pm that Y along with few friends is planning to burn his crop
at midnight which is ready to be harvested. He does not inform the village Police
Station which was just one kilometer away. He gathers his family members and directs
them to collect some weapons in the form of swords and lathis to protect his field/crop.
At around 11.00 pm Y and his aides attack the crop and a severe fight ensues wherein
Y is seriously injured.
(A) X is not liable
as he was exercising his right of private defence
(B) X and his family
are not liable for the injuries caused as they were exercising the right of private
defence
(C) X is liable
(D) X and his family
is liable as they have not informed the police
39. Principle:
Anyone who induces or attempts to induce a voter to vote in a particular manner
on the ground that the voter will face divine displeasure, shall be guilty of offence
of interfering with free exercise of right to vote.
Facts: During
election campaign period one candidate X told the voters that if they do not vote
for her, voters will be cursed because the election candidate is the God‘s own child
and those who do not vote for her, they will not be liked by God.
(A) X has committed
an offence
(B) X has not committed
an offence because she only narrated what she felt
(C) X has not committed
an offence because she has freedom of speech and expression
(D) X has not committed
an offence because she did not compel anyone to vote for her
40. Principle:
Doing of an act which causes common injury, danger or annoyance to public or which
is likely to cause such injury or annoyance is Public nuisance. A common nuisance
is not excused because it causes some nuisance or advantage.
Facts: ‘A‘
a farmer having large farmlands burns crop residue (stubble) on his fields after
harvesting the crop to make the field ready for next crop as this is the easy, fast
and convenient method of making the field ready for next crop. His farmlands are
adjoining a densely inhabited residential area and people pass through the smoke
while travelling on the road adjoining his farmlands. The smoke caused by fire also
enters the houses in the colony
(A) A has not committed
any offence since he does not cause any specific injury to any specific person
(B) A has not committed
any offence because he does not gain any advantage from persons living in the vicinity
(C) A has committed
public nuisance
(D) A has not committed
any offence because the alleged acts are done on the fields owned and used by him
and acts are done without any intention to cause harm.
41. Principle:
Death caused by rash or negligent act of a person is an offence.
Facts:X was driving his SUV car in a lonely road leading
to a forest at 160 km per hour. Suddenly, someone appears from the forest on the
road and in the resultant accident, the car hits the commuter causing his death.
(A) X is not guilty
of an offence as the accident has occurred on a lonely road
(B) X is not guilty
because there was no intention to kill the deceased
(C) X is guilty
of an offence death by rash or negligent act
(D) X is not guilty
because he was also injured in the accident
42. Principle:
Whoever causes death by rash or negligent act commits an offence.
Facts:X is having a house on the roadside which is also
having a street on the back of the house. He has a lawn on the back of his house
where he has built a toilet. To prevent the intruders from entering his house, he
got the fence charged with a high voltage live electric wire. Z was passing through
the street at the backyard of the house of X and sat down to take rest near the
fence. While getting up, his hands came in contact with the fence which was connected
to high voltage electric wire causing his death.
(A) X has not committed
any offence because he has right to prevent trespass
(B) X has committed
an offence of causing death by rash and negligent act
(C) X has committed
no offence because he does not have any enmity with X
(D) X has committed
an offence of Murder
43. Principle:
Killing is not murder, if it is committed in a sudden fight without pre-meditation
in a heat of passion upon a sudden quarrel.
Facts: X and Y
were buying liquor from a liquor shop at 7 pm. Y abused X and there was quarrel
between them. X told Y that he will not spare him and Y shouted that his house is
adjoining the shop only and if X had the guts, he can come anytime. X went back
to his shop which was nearby, procured a knife and went to Y‘s residence at 9 pm
and stabbed him to death.
(A) X has committed
murder
(B) X has not committed
an offence of murder since it was committed in sudden fight in a heat of passion
(C) X has not committed
murder of Y because he had no enimity with Y
(D) X has committed
no offence
44. Principle:
Use of criminal force intentionally knowing that it would cause or is likely to
cause injury or annoyance to the person against whom force is used, is an offence.
Facts: X, a renowned
social worker who had launched a movement for liberation of women, pulls up a Muslim
women‘s veil in public in good faith without her consent causing annoyance to her.
(A) X is a renowned
social worker and he has committed no offence because his motive was good
(B) X acted in
good faith to liberate her from clutches of tradition and has hence has committed
no offence
(C) X has done
the act in public and not in secrecy therefore had not committed any offence
(D) X has committed
an offence by use of criminal force
45. Principle:
Inducing any animal to move or to change its motion and thereby intentionally causing
fear of injury or annoyance to others by such act, is an offence of use of criminal
force.
Facts: X incites
his dog to chase and run after his neighbour Y, to teach Y to stay away from him.
The act is done without neighbour‘ consent and against his will
(A) X has committed
no offence
(B) X has committed
no offence because no harm is caused to Y
(C) X has committed
no offence because he intention only to put fear in the mind of Y
(D) X has committed
an offence of use of criminal force
46. Principle:
A spouse is not permitted to put in evidence in any court, any communication during
marriage between the spouses without the consent of the person who made the communication.
Facts: X who is
the wife of Y saw her husband (Y) coming out of the neighbour‘s house at 6.00 am
in the morning. Y told his wife X that he has murdered the neighbour and handed
over the jewellery of that neighbour to his wife.
(A) X is allowed
to appear as a witness in court to depose that her husband has told her that he
committed a murder
(B) X is not allowed
to appear as a witness at all in any court
(C) X is not allowed
to appear as a witness to depose what was told by the husband to her, however, she
can depose what she saw
(D) X is an independent
woman and she can do whatever she wants
47. Principle:
Oral evidence must always be direct i.e. of the person who says he saw the event
and hearsay evidence is no evidence.
Facts: X was told
by Y (whom X trusts) that Z has murdered A
(A) Statement of
X is admissible
(B) Statement of
X is not admissible because he has not seen Z murdering A
(C) Statement of
X is admissible because he trusts Y and Y never tells a lie
(D) Statement of
X is admissible because he is a renowned social activist and has a huge reputation
to fight for the truth
48. Principle:
Terms of any written contract can be proved by producing the written contract only
and oral evidence is excluded.
Facts: A gives
B receipt for money paid by B. Oral evidence is offered to prove payment.
(A) Oral evidence
to prove payment is allowed
(B) Oral evidence
to prove payment is not allowed
(C) Oral evidence
is always allowed to prove all facts
(D) Oral evidence
is generally disallowed
Facts: X organized
a party and hired a caterer. During the party, generator set went out of order and
he requested one employee of caterer i.e. Y to bring the mechanic on his vehicle
and promised to pay 1000 for the same to Y. Y met with an accident while going to
fetch the mechanic and he seeks compensation.
(A) X is liable
as Y was working in the course of employment offered by X
(B) X is not liable
as Y is not his employee
(C) X is liable
because party was organized by him
(D) Caterer is
liable as Y is his employee
50. Principle:
Master is liable for the acts of his servant done in the course of his duties.
Facts:X hired an employee Y in his construction business.
Y was the property in-charge who received construction material and gave receipts
for the material received by him. Z claimed payment for cement supplied to X which
was duly received by Y. X denied the payment on the ground that he has only received
half of the material and the balance was misutilized by the employee Y.
(A) X is liable
for the entire amount
(B) X is liable
for the part amount only i.e. for payment of the cost of half of the material
(C) X is not liable
for the misconduct/embezzlement of his employee
(D) Z can claim
the balance payment only from Y
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