Contract Law (CLAT Legal-Aptitude): Questions 43 - 45 of 97
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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.
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: 43 (5 of 5 Based on Passage) Show Passage
» Contract Law
Which of the following is correct?
If Ajay is allowed to recover the money, that will defeat the law framed for protecting the minors against fraudulent persons.
If Ajay is not allowed to recover that will cause him injustice as he has not paid off the entire sale price.
If Ajay is allowed to recover, Chaaru will benefit from both the money and the land.
|d.||None of the above|
Question number: 44
» Contract Law
A threat to commit suicide to make a person enter into an agreement would amount to coercion.
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.
|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|
Question number: 45
» Contract Law
Which of the following correctly defines “pledge”?
It is the delivery of goods from one person to the other for payment of a debt.
It is the mortgaging of goods for the performance of a contract or debt payment.
It is the bailment of goods as security for performance of a promise or payment of debt.
|d.||All of the above|