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Legal Aptitude 3 (Civil Law)

Description: Civil Law
Number of Questions: 25
Created by:
Tags: Civil Law Main-Types of Laws
Attempted 0/24 Correct 0 Score 0

Fact: A who owns two cars, one maruti and the other Santro, offers to sell B one car. A intending it to be the Maruti car B accepts the offer thinking that it is the santro. Issue: Is A liable?

  1. A is not liable because there is no consensus and hence no contract.

  2. A is liable because once he had offered the contract is complete.

  3. It is upto the court to decide the liability


Correct Option: A

Fact: S intending to deceive Y, falsely represents that 500 maunds of indigo are made annually at x`s factory and thereby induces Y to buy the factory. Issue: Is it a valid contract?

  1. It is a valid contract.

  2. It is a contract voidable at the option of Y because he has been falsely misrepresentated

  3. It is void abinitio


Correct Option: B

Fact: Mr. Balfour was employed in Ceylon. Mrs Balfour owing to ill health had to say in England and could not accompany him to Ceylon. Mr. Balfour promised to send her £30 per month while he was abroad. But Mr. Balfour failed to pay that amount. So Mrs Balfour filed a suit against her husband for breach of contract? Issue: Is Balfour liable for breach of contract?

  1. Mr Balfour is not liable because the intention not to create a legal obligation was clear from the conduct of the parties.

  2. Mr Balfour is liable for breach of contract.

  3. No conclusive decision can be drawn as it is a private affair of husband and wife


Correct Option: A

Fact: Mr. Mukesh invites Mr. Vijay to a dinner at a hotel. Mr. Vijay accepts the invitation. It is purely a social agreement. Mr. Vijay fails to arrive at the dinner or Mr. Mukesh has to go out and is not available at his place at the dinner time due to some important work. Issue: Is Mr. Vijay liable for the non-performance of contract with Mukesh.

  1. Vijay is liable because he has not performed the contract.

  2. Vijay is not liable because there was no contract; it was just a social agreement.

  3. It will be the discretion of the court.


Correct Option: B

Fact: Two firms entered into a written contract for the sale and purchase of tissue paper. The agreement contained a clause to the effect that “this agreement is not entered into, nor is this memorandum written, as a formal or a legal document, and shall not be subject to legal jurisdiction in the law courts”. Since the goods were not delivered, the buyers brought an action for non-delivery. Issue: Are the sellers liable?

  1. The sellers are liable as they had entered into a written agreement.

  2. The sellers are not liable as there was no contract as the parties never intended to create legal relationship because they had clearly mentioned that their agreement is not a legal document nor a memorandum nor subject to the jurisdiction of law courts.

  3. The firms may make mutual adjudication.


Correct Option: B

Fact: A, a person of week intelligence made a gift of his entire property to B, who was in a position to dominate him. the gift having been obtained by undue influence is voidable at the option of A. Issue: Is this contract valid?

  1. The contract is valid as A voluntarily made a gift.

  2. The contract is not valid because A made a gift under influence so it is voidable at the option of A.

  3. It is void abinitio.


Correct Option: B

Fact: X borrows Rs 50, 000 from Y for the purpose of smuggling goods. Y knows of the purpose of the loan. Issue: Is this agreement valid?

  1. The agreement is valid

  2. The agreement between X and Y is collateral to the main agreement which is illegal so the agreement is also illegal because anything done which is unlawful, immoral against public policy can never result into a valid agreement.

  3. Nothing conclusive can be said


Correct Option: B

Fact : A purchased a horse from B and promised that if the horse was lucky to him, he would give Rs 50 more or he would purchase another horse. Issue: Is there a valid contract between A and B?

  1. Yes, there is a valid contract and B will be liable if the horse didn't prove lucky.

  2. There is no valid contract as the terms of contract are so vague and loose.

  3. it is voidable contract at the option of A.


Correct Option: B

Fact: The carbolic Smoke Ball co. offered by advertisement, a reward of £ 100 to any person who should contract influenza after having used the smoke-ball three times daily for two weeks according to the printed directions. It also added that £ 100 have been deposited in the bank showing Mrs Carlill used the smoke - ball according to the directions to the company but contracted influenza. Issue: is Company liable to give the reward and Mrs Carlill is entitled to award?

  1. Yes, company is liable. Mrs Carlill is entitled to the reward because the performance of the conditions is a sufficient acceptance without notification.

  2. Company is not liable

  3. Mrs Carlill is not entitled because there is no valid contract.


Correct Option: A

Fact: A agreed to take B's house on rent for three years at the rent for three years at the rent of £ 85 per annum provided the house was put to thorough repair and the drawing rooms were decorated “according to present style” Issue: Is there a valid contract between A and B?

  1. There is not valid contract because it is a vague term, because the term “present style” may mean one thing to A and another B. Hence, the agreement was void on the ground that the terms of offer were vague and uncertain.

  2. There is a valid contract because there is an offer from the side of A and acceptance from the side of B.

  3. It is voidable contract at the option of A.


Correct Option: A

Fact: D sent his servant P to trace his missing nephew. D in the meantime announced a reward for providing information about the missing boy. P, in ignorance of the announcement traced the boy and informed D.P later on came to know and he claimed it. Issue: Is the servant entitled to reward?

  1. Servant is entitled to claim.

  2. Servant is not entitled to claim because he was ignorant of the offer of reward so there was no agreement because there was no acceptance.

  3. The contract is voidable at he option of the servant.


Correct Option: B

Fact: T, Who could not read, took an excursion ticket on the railway. On the front of railway ticket was written that the company would not be liable for personal injured by a railway accident. Issue: Is the railway company liable?

  1. Yes Railway Company is liable because the traveler could not read.

  2. Railway Company is not liable because T was bound by the conditions and could not recover any damages.

  3. The contract is voidable at the option of T


Correct Option: B

Fact: N advertised in the newspaper to effect sale of his goods on a particular day at a particular place. H traveled a long distance to bid for the things. On arrival, he found that the sale was cancelled. He sued Issue: Is N liable?

  1. N is not liable because advertisement was merely expression of an intention and not an offer which could be accepted by traveling to the place of intended sale.

  2. N is liable for all the expenses incurred by H for traveling such a long distance.

  3. It is voidable at the option of H.


Correct Option: A

Fact: M delivered one new saree to a laundry for washing. On the back of the printed receipt it was stated that the customer would be entitled to recover only 15% of the market price of the article in case of loss. The saree was lost owing to the negligence of the laundry. Issue: Is M entitled to claim the loss?

  1. M is entitled to claim the loss and the laundry shop is liable

  2. M is not entitled because the condition was printed on the back of the receipt.

  3. Neither (a) nor (b)


Correct Option: A

Fact: offered to purchase a lodge owned by P for Rs 6,000. He wrote to P's agent asking whether his offer was accepted. He also added that he was ready to accept any higher price if found reasonable. The agent replied,” Would not accept less than Rs. 10, 000 “. D accepted this and brought a suit for specific performance. Issue: Is P liable for specific performance?

  1. P is liable for the specific performance of the contract entered into D and P.

  2. P is not liable because there is only offer or counter offer but no formal/legal offer and acceptance. Hence no valid contract, hence P not liable.

  3. The contract is voidable at the option of D.


Correct Option: B

Fact: A writes to B, “I offer to sell my house for Rs 40 000. if I do not receive a reply by Monday next, I shell assume that you have accepted the offer”. Issue : Is there a valid contract between A and B ?

  1. yes, there is a valid contract.

  2. No, there is no valid contract because A made a offer but didn't accept it.

  3. Because A had made an offer so the contract is voidable at the option of A.


Correct Option: B

Fact: A offered to sell a farm for £ 1, 000, x said he would give £ 950. A refused and x than said he would give £ 1,000, and when A declined to adhere to his original offer tried to obtain specific performance. Issue: Is there a valid contract between A and x ?

  1. There is not valid contract as x' s offer to pay £ 950 is a refusal of the offer and a counter offer.

  2. There is a valid contract and A is liable for specific performance.

  3. It is voidable contract at the option of x


Correct Option: A

Fact: P deposited his bag at the clock room at a railway station and received a ticket containing on its face, the words ”see back.” On the back of the ticket there was a condition that , “ the company will not be responsible for any package exceeding the value of £ 10.” A notice to the same effect was hung up in the cloak room. P's bag was lost and he claimed the actual value of the lost bag, £ 24, 10 s. The claim was negatived and only £ 10 was awarded. Issue: Is the railway company liable?

  1. The railway company is not liable.

  2. The railway company is liable.

  3. Neither (a) nor (b)


Correct Option: A

Fact: P bought a steamer tickets on the face of which were these words only,” Dublin to Whitehaven.” On the back were printed certain conditions one of which excluded the liability of the company for loss, injury or delay to the passenger or his luggage. P had not seen the back of the ticket, nor was conditions on the back. P's luggage was lost on the way due to the negligence of the company's servants. Issue: Is the company liable?

  1. Company is not liable because company had printed the conditions on the back of the ticket that company is not liable for any loss, injury or delay.

  2. Company is not liable because it was printed on the front side that the conditions are printed on the back side.

  3. Company is not liable because it is the duty of the traveler to take care of its luggage.


Correct Option: B

Fact: T, an illiterate lady, took a ticket for a journey from a railway company. On the face of the ticket were the words.” for conditions see back. “ One the conditions absolved the railway company from liability for personal injuries to passenger. Issue: is Company liable?

  1. Yes, company is liable because the lady was illiterate so she is entitled to damages.

  2. Company is not liable because T could not recover damages for the injury received as she was bound by the condition limiting the company's liability.

  3. It will be at the discretion of the court.


Correct Option: B

Fact: P purchased from D company, a steamer ticket containing conditions printed in the French Language. At the foot of the ticket, there was intimation in red letters that the ticket was issued subject to the conditions printed on the back. One of these conditions was that the company incurred no liability for any damage which the luggage might sustain. The vessel was wrecked by the fault of the companys servants and Ps baggage was lost. P sued D for damages and claimed that he was not bound the conditions being unable to read French. Issue: Is the company liable?

  1. Company is not liable because p had reasonable notice of the conditions and it was his own fault if he had not made himself acquainted with them.

  2. Company is liable because company had used the language which was not easily understandable to everybody.

  3. Neither (a) nor (b)


Correct Option: A

Fact: P and her husband hired a room at a hotel and paid a week`s rent in advance. When they went up to occupy the room there was a notice on one of the walls disclaiming the owners liability for damage, loss or theft of articles in the room. A thief entered the room due to the negligence of the hotel servants. Issue: Is the owner of the hotel liable?

  1. No, he is not liable because it is clearly written on the wall that hotel authorities will not be liable damage, loss or theft.

  2. Owner of the hotel is liable since the notice was not a part of the agreement as it came to the knowledge of the client after the contract had been entered into.

  3. The decision will be in the hands of client because it is a voidable contract at the option of the suffering party.


Correct Option: B

Fact: D sent an offer to a firm with whom he had accounts. P who had just taken over the said firm got the letter addressed to the old firm, accepted the offer and sent the goods. P sued for the price of the goods. The court held that there was no contract since the order was to the held firm and the acceptance was by the new firm. An offer may also be made to the world at large, as the instance by an advertisement in the newspaper. In such a case only person or persons with notice of the offer can come forward and accept the offer. Issue: Are the claims of P genuine?

  1. D is liable for all the claims made by P because D was an old customer of the firm.

  2. As there is no contract between P and D so no liability.

  3. The contract is voidable at the option of D.


Correct Option: B

Fact: D wrote to P on 28 November 1971, offering to sell 800 tonnes of iron at Rs 6900 per ton. On the same day P wrote to D offering to buy 800 tonnes of iron Rs 6900 per ton. The two letters crossed in post and neither of them knew anything about the offer to the other. P contended that there was a good contract. Issue: What is the nature of contract and liabilities of the parties?

  1. There was no valid contract because an agreement results into a contract when there is an offer from one side and its acceptance from the other side so no question of any liability rises.

  2. It is a voidable contract at the option of P because P had offered to sell the product.

  3. It is a voidable contract at the option of P because P had offered to buy the product.


Correct Option: A
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