CLAT (Common Law Admission Test) Legal-Aptitude: Questions 50 - 51 of 1213

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Passage

PRINCIPLE: A promise to give something of value on the determination or ascertainment of an uncertain event is called a wager. Agreements by way of wager are void; and no suit shall be brought for recovering anything alleged to be won on any wager, or entrusted to any person to abide the result of any game or other uncertain event on which a wager is made.

FACTS: Shia and Tia are both cricket lovers and competitive cricket players. Once, Tia challenges Shia that if she is able to hit five sixes in an over, she shall be given twenty dollars by Tia. Shia accepts the challenge and she is successfully able to hit five sixes in an over. However, Tia characterizes this as a wager and refuses to give the prize. Shia files a suit in response to the same. Choose the right answer.

Question 50 (3 of 3 Based on Passage)

Question MCQ▾

Will the suit filed be maintainable?

Choices

Choice (4)Response

a.

No, the agreement is void by virtue of being a wager and since nothing may be recovered over a wagering agreement, the suit shall be maintainable.

b.

No, Shia had honestly accepted the challenge.

c.

Yes, the agreement being not a wager and depending on skill rather than chance, the suit will not be maintainable.

d.

Yes, a contract being two parties who are just friends for such a matter is maintainable.

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Question 51

Appeared in Year: 2014

Question MCQ▾

PRINCIPLE: Two or more persons are said to consent if they agree upon the same thing in the same sense. Consent is said to be free when it is not caused by coercion, or undue influence, or fraud, or misrepresentation, or mistake. When consent to an agreement is caused by coercion, undue influence, fraud or misrepresentation, the agreement is a contract voidable (rescindable or terminable)

at the option of the party whose consent was so caused. However, when consent to an agreement is caused by mistake as to a matter of fact essential to the agreement, the agreement is void.

FACTS: ‘X’ threatens to gun down ‘Y’ , if he ( ‘Y’ ) does not sell his property worth ₹ 20,00, 000/- for ₹ 1,00, 000/- only. As a consequence, ‘Y’ agrees to sell it as demanded by ‘X’ .

Which of the following derivations is CORRECT?

Choices

Choice (4)Response

a.

There is a contract between ‘X’ and ‘Y’

b.

There is an agreement between ‘X’ and ‘Y’ which can be enforced by the court of law

c.

There is an agreement between ‘X’ , and ‘Y’ which cannot be enforced by the court of law

d.

There is a contract between ‘X’ and ‘Y’ which voidable at the option of ‘Y’

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