CLAT Legal-Aptitude: Questions 141 - 142 of 1064

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Question number: 141

» Contract Law

Assertion-Reason▾

Assertion (Ꭺ)

Every agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.

Reason (Ꭱ)

Article 20 to Constitution of India protects certain rights regarding freedom of speech, etc.

Choices

Choice (4) Response

a.

Ꭺ is true but Ꭱ is false

b.

Both Ꭺ and Ꭱ are true but Ꭱ is NOT the correct explanation of Ꭺ

c.

Both Ꭺ and Ꭱ are false

d.

Ꭺ is false but Ꭱ is true

Question number: 142

» Contract Law

Appeared in Year: 2013

MCQ▾

Question

PRINCIPLE: A contract between the father and his son is a contract of utmost good faith. In such a type of contract law presumes that at the time of entering into the contract the father was in a position to dominate the will of his son. Where one of the parties was in position to dominate the will of the other party, the contract is enforceable only at the option of the party whose will was so dominated.

FACTS: Ram had advanced a sum of Rs. 10, 000/- to his minor son Shyam. When Shyam became major, his father Ram misused his parental position and entered into an agreement with Shyam and obtained a bond from him for a sum of Rs. 30, 000 in respect of the advance. Whether this agreement is enforceable?

Choices

Choice (4) Response

a.

The agreement is enforceable against Shyam only for Rs. 10, 000/-, the actual amount of money advanced to him

b.

The agreement is enforceable against Shyam for Rs. 30, 000/- because he has signed the bond

c.

The agreement is enforceable against Shyam because he was major at the time of agreement.

d.

The agreement is not enforceable against Shyam because Ram has misused his position as father to obtain an unfair advantage.

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