Contract Law (CLAT (Common Law Admission Test) Legal-Aptitude): Questions 33 - 34 of 97

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Question number: 33

» Contract Law

Assertion-Reason▾

Assertion (Ꭺ)

Tommy has just passed 12th and is quite confused as to which career field he must choose. He consults his father who is a doctor for the same who expresses that the field of medicine offers handsome job opportunities and high income of more than Rs. 10, 00, 000 monthly is always basic. Tommy gets taken away by this and choses medicine. Finally, as a practitioner, he earns Rs. 20, 000 per month. His father has exercise undue influence upon him.

Reason (Ꭱ)

It is said that there is “undue influence” where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. In particular, and without prejudice to the generally of the foregoing principle, a person is deemed to be in a position to dominate the will of another where he holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other.

Choices

Choice (4) Response

a.

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

b.

Ꭺ is false but Ꭱ is true

c.

Ꭺ is true but Ꭱ is false

d.

Both Ꭺ and Ꭱ are true and Ꭱ is the correct explanation of Ꭺ

Question number: 34

» Contract Law

MCQ▾

Question

PRINCIPLE: Consideration for a promise must be of some value in the eyes of law. There are various kinds of promises of which one is unilateral promise. It is a promise from one side only intended to introduce some action by the other party. If the other party carries out the intended action, the former party is held by the promise.

FACTS: Rahul topped in his examination. His father had previously told him that if he was one among the top three, he would get him his favorite Moto G bike. Rahul’s love for the bike was so much that he could do anything for it and one reason why he studied so well was to obtain the bike. After declaration of results, he approaches his father for the same. His father thrashes him away and tells him to top in the next examination for a bike. Can Rahul hold his father to the promise?

Choices

Choice (4) Response

a.

Yes. The consideration was constituted in his saying that he would be given a bike if he was one of the top three.

b.

No. There may not be such a legal relationship for such a petty cause between a father and a son.

c.

Yes. The promise of a father in any case.

d.

No. There was no consideration. A mere exclamation of giving away a bike does not constitute consideration in the eyes of law.

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