CLAT Legal-Aptitude: Questions 109 - 110 of 1064

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Passage

PRINCIPLE: When two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any one or more of such joint promisors, to perform the whole of the promise. Each promisor may compel contribution. Each of two or more joint promisors may compel every other joint promisor to contribute equally with himself to the performance of the promise, unless a contrary intention appears from the contract. When two or more persons have made a joint promise, then, unless a contrary intention appears by the contract, all such persons, during their joint lives, and, after the death of any of them, his representative jointly with the survivor or survivors, and, after the death of the last survivor, the representatives of all jointly, must fulfil the promise. If any one of two or more joint promisors makes default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares. Where two or more persons have made a joint promise, a release of one of such joint promisors by the promisee does not discharge the other joint promisor or joint promisors; neither does it free the joint promisors so released from responsibility to the other joint promisor or joint promisors.

FACTS: Amit, Bhushan and Chia are three friends who borrowed Rs. 12000 from Devesh for partying out late at night. They promised to pay to him the amount within reasonable time. Finally, they returned and Chia was found sufficiently sick. Devesh seeks to recover the amount from the three.

Question number: 109 (4 of 4 Based on Passage) Show Passage

» Contract Law

MCQ▾

Question

Imagine that Chia died after being sick. What shall, in ordinary circumstances, be the distribution of amount to be paid to Devesh?

Choices

Choice (4) Response

a.

Amit and Bhushan must pay equally ( Rs. 6000 each). No representative may be involved here.

b.

Amit and Bhushan must pay Rs. 4000 each and should compel an existing representative of Chia to pay for him.

c.

Amit and Bhushan must pay only their amounts – Rs. 4000 each and shouldn’t be bothered about amount that was to be paid by Chia.

d.

None of the above

Question number: 110

» Contract Law

MCQ▾

Question

PRINCIPLE: In so far as the proposal or acceptance of any promise is made in words, the promise is said to be express. In so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.

FACTS: Rahul was in a hurry to rush to school as he had missed his school bus. While standing at the bus stand, he saw a taxi stopping as the driver looked at him and he got into it immediately. The usual charge for the distance from the stop to the school stood as Rs. 100/-. However, some drivers were charging twice the fare as they wanted to show to the public that taxi held value. The driver here was one of them and after Rahul was dropped at the school, the driver asked for Rs. 200/-. Decide.

Choices

Choice (4) Response

a.

Rahul must pay twice the regular fare as it was presumed from his boarding that taxi that he would pay twice the amount.

b.

Rahul must pay twice the regular fare as he boarded the wrong taxi.

c.

Rahul is not bound to pay twice the regular fare.

d.

Question does not provide sufficient data or is vague

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