CLAT (Common Law Admission Test) Legal-Aptitude: Questions 64 - 66 of 1064
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Question number: 64
Assertion (Ꭺ)
Wagers and contingent contracts are similar to each other as far as enforceability is concerned.
Reason (Ꭱ)
One of them may be enforced on the taking place of a particular event.
Choices
| Choice (4) | Response | |
|---|---|---|
| a. | Both Ꭺ and Ꭱ are true but Ꭱ is NOT the correct explanation of Ꭺ |
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| b. | Ꭺ is false but Ꭱ is true |
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| c. | Ꭺ is true but Ꭱ is false |
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| d. | Both Ꭺ and Ꭱ are true and Ꭱ is the correct explanation of Ꭺ |
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Question number: 65
Assertion (Ꭺ)
Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
Reason (Ꭱ)
Consensus id idem among the parties is necessary for formation of a valid contract.
Choices
| Choice (4) | Response | |
|---|---|---|
| a. | Both Ꭺ and Ꭱ are true and Ꭱ is the correct explanation of Ꭺ |
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| b. | Both Ꭺ and Ꭱ are true but Ꭱ is NOT the correct explanation of Ꭺ |
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| c. | Ꭺ is true but Ꭱ is false |
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| d. | Both Ꭺ and Ꭱ are false |
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Question number: 66
Appeared in Year: 2015
Question
Choose the best option for the following statement:
The distinction between fraud and misrepresentation:
Choices
| Choice (4) | Response | |
|---|---|---|
| a. | A person complaining of misrepresentation can be met with the defense that he had “the means of discovering the truth with ordinary diligence”. But excepting fraud by silence in other cases of fraud it is no defense that “the plaintiff had the means of discovering the truth by ordinary diligence”. |
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| b. | In addition to rendering the contract voidable, fraud is a cause of action in tort for damages. Simple misrepresentation is not a tort but a person who rightfully rescinds a contract is entitled to compensation which he has sustained through the non-fulfilment of the contract. |
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| c. | Fraud is more or less intentional wrong, where misrepresentation may be quite innocent. |
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| d. | All a. , b. and c. are correct |
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