Contract Law (CLAT (Common Law Admission Test) Legal-Aptitude): Questions 87 - 88 of 97

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Question number: 87

» Contract Law

Appeared in Year: 2012

MCQ▾

Question

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.

Choices

Choice (4) Response

a.

A minor’s contract is voidable; any money advanced to a minor can be recovered

b.

As a minor’s contract is void, any money advanced to a minor can be recovered.

c.

Advanced money can be recovered because minor has given wrong information about his age.

d.

A minor’s contract is void ab initio, any money advanced to a minor cannot be recovered.

Question number: 88

» Contract Law

MCQ▾

Question

PRINCIPLE: Sale of liquor is illegal. All agreements relating to prohibited items do not exist in the eyes of law.

FACTS: ‘P’ entered into an agreement with ‘Q’ for the sale of liquor. ‘P’ failed to supply the agreed quantity of liquor to ‘Q’.

Choices

Choice (4) Response

a.

‘Q’ can bring a legal action against ‘Q’.

b.

‘Q’ cannot bring any legal action against ‘P’.

c.

‘P’ and ‘Q’ can initiate appropriate legal proceeding against each other.

d.

‘P’ can bring a legal action against ‘Q’.

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