Contract Law (CLAT (Common Law Admission Test) Legal-Aptitude): Questions 42 - 44 of 97

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Passage

PRINCIPLES:

A. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor’s property the age of majority is twenty-one.

B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.

C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that the minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.

FACTS

Ajay convinces Bandita, a girl aged 18 that she would sell her land to him. Bandita’s mother Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming the Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus Ajay is in a difficult situation and has no idea how to recover his money from Bandita.

Question number: 42 (4 of 5 Based on Passage) Show Passage

» Contract Law

MCQ▾

Question

In order to defend the sale, Bandita will need to show that

Choices

Choice (4) Response

a.

Bandita has attained the age of majority.

b.

Bandita is mature enough to make rational decisions regarding her own affairs.

c.

The sale transaction was beneficial to her interest and will enhance her financial status.

d.

None of the above

Question number: 43 (5 of 5 Based on Passage) Show Passage

» Contract Law

MCQ▾

Question

Ajay can be allowed to recover the money only if he can show that:

Choices

Choice (4) Response

a.

He was an honest person who had paid the full price of the land to Bandita.

b.

He was deceived by Bandita who misrepresented her age.

c.

He honestly believed that Bandita was empowered under the law to sell the land.

d.

None of the above

Question number: 44

» Contract Law

Assertion-Reason▾

Assertion (Ꭺ)

A threat to commit suicide to make a person enter into an agreement would amount to coercion.

Reason (Ꭱ)

Coercion is the committing, or threatening to commit, any act forbidden by the Indian Penal Code or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.

Choices

Choice (4) Response

a.

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

b.

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

c.

Ꭺ is true but Ꭱ is false

d.

Ꭺ is false but Ꭱ is true

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