CLAT Legal-Aptitude: Questions 152 - 153 of 1066
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Question number: 152
A lot of jewelry and valuables of Ram found in his house were seized by the police as income tax authorities stormed his house and found untaxed valuables. The valuables were to remain with the police till proper order of the Court in this matter. The valuables and jewelry were bailed by Ram to the police.
A “bailment” is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the direction of the person delivering them.
|a.||Both Ꭺ and Ꭱ are true and Ꭱ is the correct explanation of Ꭺ|
|b.||Both Ꭺ and Ꭱ are false|
|c.||Both Ꭺ and Ꭱ are true but Ꭱ is NOT the correct explanation of Ꭺ|
|d.||Ꭺ is false but Ꭱ is true|
Question number: 153
Appeared in Year: 2012
PRINCIPLE: Every person, who is of the age of majority, is competent to contract according to the law to which he is subject.
FACTS: A minor mortgaged his house in favour of Thakur Das, a money lender, to secure a loan of Rs. 20000. A part of this, i. e. Rs. 10500 was actually advanced to him. While considering the proposed advance, the attorney who was acting for the money lender, received information that the plaintiff was still a minor. Subsequently the minor commenced an action stating that he was underage when he executed the mortgage and the same should, therefore, be cancelled. He prayed for setting aside the mortgage. The mortgagee money lender prayed for the refund of Rs. 10500 from the minor.
A minor’s contract is voidable; any money advanced to a minor can be recovered
As a minor’s contract is void, any money advanced to a minor can be recovered.
Advanced money can be recovered because minor has given wrong information about his age.
A minor’s contract is void ab initio, any money advanced to a minor cannot be recovered.