Contract Law (AILET (All India Law Entrance Test) Legal-Aptitude): Questions 7 - 8 of 18
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Question number: 7
» Contract Law
Appeared in Year: 2015
Question
LEGAL PRINCIPLES: A person is said to be of sound mind for the purpose of making a contract if, at the time he makes it, he is capable of understanding it and forming a rational judgement as to its effect upon his interests.
FACTUAL SITUATION: Mr. X who is usually of sound state of mind but occasionally of unsound state of mind, enters into a contract with Mr. Y when he is of unsound state of mind. Mr. Y having come to know about this fact afterwards, wants to file a suit against Mr. X.
Choices
| Choice (4) | Response | |
|---|---|---|
| a. | Mr. X cannot enter into contract because he was of unsound state of mind when he entered into contract. |
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| b. | Mr. X can enter into contract but the burden is on the other party to prove that he was of unsound state of mind at the time of contract. |
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| c. | Mr. X can enter into contract but the burden is on Mr. X to prove that he was of sound state of mind at the time of contract. |
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| d. | Contract with a person of unsound state of mind is void. |
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Question number: 8
» Contract Law
Appeared in Year: 2015
Question
LEGAL PRINCIPLE: A contract which is impossible to perform becomes void.
FACTUAL SITUATION: Surender agreed to deliver a specific quality of rice to Sonakshi identified by both of them. Before delivery, the rice was burnt by short circuit. ls Surender discharged from the performance of the contract?
Choices
| Choice (4) | Response | |
|---|---|---|
| a. | Surender is discharged from performance as the subject matter of the contract is destroyed. |
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| b. | Surender is discharged from performance as the subject matter has been specifically identified. |
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| c. | Surender is not discharged from performance as he can procure rice from other sources. |
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| d. | None of the above |
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