CLAT UG question bank

Legal Reasoning MCQs for CLAT UG, Page 10

CLAT UG Legal Reasoning questions 215-238 of 310, with answer keys and explanations covering self-contained legal principles, factual application, changes in outcome, rights, duties, liability, and remedies.

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Practice passage-based CLAT UG questions with answers for English, current affairs, legal reasoning, logical reasoning, and quantitative techniques.

  • Agency and Authority10
  • Agreements in Restraint of Trade5
  • Anticipatory Breach of Contract5
  • Appropriation of Payments5
  • Assault and Battery5
  • Assignment of Contractual Rights5
  • Authority of an Agent and Ratification5
  • Bailment and Duty of Care5
  • Breach of Condition and Warranty5
  • Caveat Emptor and Quality of Goods5
  • Coercion in Contracts5
  • Communication and Revocation of Proposals5
  • Contingent Contracts5
  • Contract of Guarantee and Surety5
  • Contract of Indemnity5
  • Contractual Misrepresentation5
  • Contributory Negligence and Apportionment5
  • Defamation and Defences5
  • Defamation and Responsible Publication5
  • Doctrine of Election in Property Transfers5
  • Doctrine of Part Performance5
  • False Imprisonment5
  • Fraud and Contractual Consent5
  • Frustration of Contract5
  • Fundamental Rights and Proportionality5
  • Guarantee Obtained by Misrepresentation5
  • Informed Consent to Medical Treatment5
  • Intervening Acts and Causation5
  • Joint Promisors and Contribution5
  • Malicious Prosecution5
  • Mistake and Restitution5
  • Necessaries Supplied to an Incapable Person5
  • Negligence and Standard of Care5
  • Non-Gratuitous Acts and Restitution5
  • Novation and Alteration of Contract5
  • Occupier Liability to Visitors5
  • Offer, Acceptance, and Revocation5
  • Pledge and Rights of the Pawnee5
  • Preparation and Criminal Attempt5
  • Private Defence of the Person5
  • Private Necessity and Property Damage5
  • Privity and Third-Party Rights5
  • Promissory Estoppel and Public Interest5
  • Public Nuisance and Special Damage5
  • Remission and Waiver of Contractual Performance5
  • Remoteness of Contractual Damages5
  • Res Ipsa Loquitur5
  • Right of Private Defence5
  • Rights and Duties of a Finder of Goods5
  • Rights of an Unpaid Seller5
  • Sale and Agreement to Sell5
  • Sale by a Non-Owner5
  • Sale by Sample and Description5
  • Stipulated Damages and Reasonable Compensation5
  • Strict Liability and Escape5
  • Time as the Essence of Contract5
  • Trespass to Goods and Conversion5
  • Trespass to Land and Necessity5
  • Undue Influence in Contracts5
  • Unlawful Object and Severability5
  • Vicarious Liability5
Passage or principleOriginal legal principle and fact scenarios

A contractual right to receive money or another impersonal benefit may generally be assigned unless the contract prohibits assignment or the assignment materially changes the obligor's burden. A right involving personal confidence, skill, or a relationship chosen for a particular person cannot ordinarily be assigned without consent. Contractual duties cannot be transferred so as to release the original promisor without the promisee's consent. Another person may perform, but the original promisor remains responsible unless a valid substitution occurs. The assignee takes the assigned right subject to defences that could have been raised against the assignor before notice of assignment. Apply only these principles.

Question 215MediumAssignment of Contractual Rights

Before notice of assignment, the obligor had a valid defence against the assignor. May it ordinarily be raised against the assignee?

  1. A

    No, assignment destroys every defence.

  2. B

    Only after a new contract

  3. C

    Yes, the assignee takes subject to that defence.

  4. D

    Only if the assignee agrees.

View answer and explanation

Correct answer: C. Yes, the assignee takes subject to that defence.

C applies the final paragraph.

Source note: Original LexMentor CLAT UG Batch 22, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

Fraud includes knowingly making a false assertion, actively concealing a material fact, or making a promise without any intention of performing it, when done to deceive another party or induce agreement. Mere silence about a fact is not fraud unless the circumstances create a duty to speak or silence is equivalent to speech. A half-truth may be fraudulent when what is stated becomes misleading without the omitted fact. When consent is caused by fraud, the contract is voidable at the option of the deceived party. That party may instead affirm the contract and seek performance on the represented terms where appropriate. A false statement honestly believed to be true is not fraud under these principles, though another legal rule may apply. Apply only these principles.

Question 216MediumFraud and Contractual Consent

S knowingly makes a material false statement to induce B to contract. Is this fraud?

  1. A

    No, statements never matter.

  2. B

    Only if B is a stranger

  3. C

    Only after performance

  4. D

    Yes, it is a knowing false assertion used to induce agreement.

View answer and explanation

Correct answer: D. Yes, it is a knowing false assertion used to induce agreement.

D applies the definition.

Source note: Original LexMentor CLAT UG Batch 22, prepared in the official passage-based format.

Question 217HardFraud and Contractual Consent

P promises delivery solely to induce payment while having no intention to deliver. Does this fall within fraud?

  1. A

    Yes, a promise made without intention to perform is covered.

  2. B

    No, promises cannot be fraudulent.

  3. C

    Only if delivery was impossible

  4. D

    No, because payment was voluntary.

View answer and explanation

Correct answer: A. Yes, a promise made without intention to perform is covered.

A follows from the first paragraph.

Source note: Original LexMentor CLAT UG Batch 22, prepared in the official passage-based format.

Question 218MediumFraud and Contractual Consent

S remains silent where there is no duty to speak and silence is not equivalent to speech. Is silence alone fraud?

  1. A

    Yes, in every negotiation.

  2. B

    No, the stated exception is not triggered.

  3. C

    Only if S benefits

  4. D

    Yes, all facts must be volunteered.

View answer and explanation

Correct answer: B. No, the stated exception is not triggered.

B applies the rule on mere silence.

Source note: Original LexMentor CLAT UG Batch 22, prepared in the official passage-based format.

Question 219HardFraud and Contractual Consent

S makes a statement that becomes materially misleading because S omits a necessary qualifying fact. Can it be fraudulent?

  1. A

    No, partial statements are always safe.

  2. B

    Only if written

  3. C

    Yes, a misleading half-truth may amount to fraud.

  4. D

    No, omissions never matter.

View answer and explanation

Correct answer: C. Yes, a misleading half-truth may amount to fraud.

C applies the half-truth rule.

Source note: Original LexMentor CLAT UG Batch 22, prepared in the official passage-based format.

Question 220MediumFraud and Contractual Consent

S makes an inaccurate statement while honestly believing it true. Is it fraud under these principles?

  1. A

    Yes, every error is fraud.

  2. B

    Only if B relies on it

  3. C

    Yes, because knowledge is irrelevant.

  4. D

    No, the required knowledge is absent.

View answer and explanation

Correct answer: D. No, the required knowledge is absent.

D follows from the final paragraph.

Source note: Original LexMentor CLAT UG Batch 22, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

A guarantee obtained by a material misrepresentation made by the creditor, or with the creditor's knowledge and assent, concerning a part of the transaction is invalid. A guarantee obtained by the creditor's intentional concealment of a material circumstance is also invalid. A fact is material when it would reasonably influence the surety's decision or assessment of risk. Mere failure to volunteer an immaterial detail does not invalidate the guarantee under these principles. Nor is the guarantee invalid merely because the surety later regrets the bargain. The rule protects informed consent of the surety while requiring a connection between the creditor, the misleading conduct, and a material circumstance. Apply only these principles.

Question 221MediumGuarantee Obtained by Misrepresentation

C knowingly makes a material false statement about the secured transaction to obtain S's guarantee. Is the guarantee valid?

  1. A

    No, the stated rule makes it invalid.

  2. B

    Yes, every guarantee is absolute.

  3. C

    Only if the debtor agrees

  4. D

    Yes, because materiality is irrelevant.

View answer and explanation

Correct answer: A. No, the stated rule makes it invalid.

A applies the first paragraph.

Source note: Original LexMentor CLAT UG Batch 23, prepared in the official passage-based format.

Question 222HardGuarantee Obtained by Misrepresentation

C intentionally hides a circumstance that would substantially affect S's assessment of risk. What follows?

  1. A

    The guarantee is automatically enlarged.

  2. B

    Only the debtor may object.

  3. C

    The guarantee is invalid under the concealment rule.

  4. D

    S must remain bound regardless.

View answer and explanation

Correct answer: C. The guarantee is invalid under the concealment rule.

C applies the second paragraph.

Source note: Original LexMentor CLAT UG Batch 23, prepared in the official passage-based format.

Question 223MediumGuarantee Obtained by Misrepresentation

A stranger lies to S without C's knowledge or assent. Does the first rule automatically invalidate the guarantee?

  1. A

    Yes, every third-party statement binds C.

  2. B

    Only if S later regrets signing

  3. C

    Yes, knowledge is never relevant.

  4. D

    No, the required connection to C is absent.

View answer and explanation

Correct answer: D. No, the required connection to C is absent.

D follows from the creditor-connection requirement.

Source note: Original LexMentor CLAT UG Batch 23, prepared in the official passage-based format.

Question 224HardGuarantee Obtained by Misrepresentation

C fails to mention an immaterial detail that would not affect risk. Is the guarantee invalid solely for that reason?

  1. A

    Yes, every omission is fatal.

  2. B

    No, materiality is required.

  3. C

    Only if the guarantee is written

  4. D

    Yes, because regret is enough.

View answer and explanation

Correct answer: B. No, materiality is required.

B applies the materiality requirement.

Source note: Original LexMentor CLAT UG Batch 23, prepared in the official passage-based format.

Question 225MediumGuarantee Obtained by Misrepresentation

S later considers the bargain unwise but proves no material deception. Is regret alone sufficient?

  1. A

    No, later regret does not invalidate the guarantee.

  2. B

    Yes, every surety may withdraw retrospectively.

  3. C

    Only if C made no demand

  4. D

    Yes, without any reason.

View answer and explanation

Correct answer: A. No, later regret does not invalidate the guarantee.

A follows from the third paragraph.

Source note: Original LexMentor CLAT UG Batch 23, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

When parties intend performance by a specified time to be essential, failure to perform on time makes the unperformed part voidable at the option of the promisee. If time was not intended to be essential, delay does not make the contract voidable solely for lateness, but the promisee may recover compensation for loss caused by delay. Intention is gathered from the contract, subject matter, surrounding circumstances, and the consequences of delay. Stating a date is relevant but does not always make time essential. If the promisee accepts late performance while intending to claim compensation, the promisee should give notice of that intention at acceptance. Apply only these principles.

Question 226MediumTime as the Essence of Contract

The parties clearly make delivery by Friday essential. Delivery is not made. What option does the promisee have?

  1. A

    No remedy exists.

  2. B

    The unperformed part is voidable at the promisee's option.

  3. C

    The contract becomes criminal.

  4. D

    Late delivery must always be accepted.

View answer and explanation

Correct answer: B. The unperformed part is voidable at the promisee's option.

B applies the first paragraph.

Source note: Original LexMentor CLAT UG Batch 23, prepared in the official passage-based format.

Question 227HardTime as the Essence of Contract

Time was not essential, but delay causes proven loss. May the promisee claim compensation?

  1. A

    No, delay can never cause liability.

  2. B

    Only if the contract is avoided

  3. C

    Only after accepting a new promisor

  4. D

    Yes, compensation for loss caused by delay may be claimed.

View answer and explanation

Correct answer: D. Yes, compensation for loss caused by delay may be claimed.

D applies the second paragraph.

Source note: Original LexMentor CLAT UG Batch 23, prepared in the official passage-based format.

Question 228MediumTime as the Essence of Contract

A contract states a date but all circumstances show that minor delay was acceptable. Is the date alone conclusive?

  1. A

    Yes, every date makes time essential.

  2. B

    Only the promisor decides.

  3. C

    No, intention depends on the full context.

  4. D

    Yes, surrounding circumstances are irrelevant.

View answer and explanation

Correct answer: C. No, intention depends on the full context.

C follows from the third paragraph.

Source note: Original LexMentor CLAT UG Batch 23, prepared in the official passage-based format.

Question 229HardTime as the Essence of Contract

P accepts late performance but intends to claim delay compensation. What should P do at acceptance?

  1. A

    Give notice of the intention to claim compensation

  2. B

    Remain silent in every case

  3. C

    Destroy the contract

  4. D

    Release every claim automatically

View answer and explanation

Correct answer: A. Give notice of the intention to claim compensation

A applies the final paragraph.

Source note: Original LexMentor CLAT UG Batch 23, prepared in the official passage-based format.

Question 230MediumTime as the Essence of Contract

Where time is not essential, does lateness alone make the contract voidable?

  1. A

    Yes, automatically.

  2. B

    No, not solely for lateness.

  3. C

    Only if no loss occurs

  4. D

    Yes, even without a date.

View answer and explanation

Correct answer: B. No, not solely for lateness.

B restates the second paragraph.

Source note: Original LexMentor CLAT UG Batch 23, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

Where a debtor owes several distinct debts and makes a payment with an express or implied indication that it is for a particular debt, the creditor must apply it accordingly. If the debtor gives no indication, the creditor may apply the payment to any lawful debt actually due, even if recovery of that debt through a suit would be time-barred. If neither party appropriates the payment, it is applied in order of time, whether or not the debts are time-barred. Debts of equal standing receive proportionate application. These rules apply where several distinct debts exist between the same debtor and creditor. Apply only these principles.

Question 231MediumAppropriation of Payments

D pays C and clearly states that payment is for Debt X. May C apply it to Debt Y instead?

  1. A

    Yes, the creditor always chooses.

  2. B

    Only if Y is larger

  3. C

    No, C must follow D's indicated appropriation.

  4. D

    Yes, if X is recent.

View answer and explanation

Correct answer: C. No, C must follow D's indicated appropriation.

C applies the first paragraph.

Source note: Original LexMentor CLAT UG Batch 24, prepared in the official passage-based format.

Question 232HardAppropriation of Payments

D gives no indication. May C apply the payment to any lawful debt actually due?

  1. A

    Yes, the passage permits C to choose.

  2. B

    No, only D may ever choose.

  3. C

    Only to the newest debt

  4. D

    No, the payment must be returned.

View answer and explanation

Correct answer: A. Yes, the passage permits C to choose.

A follows from the second paragraph.

Source note: Original LexMentor CLAT UG Batch 24, prepared in the official passage-based format.

Question 233MediumAppropriation of Payments

D gives no indication and C applies payment to a lawful debt whose court recovery is time-barred. Is that appropriation barred by the passage?

  1. A

    Yes, every old debt disappears.

  2. B

    No, the stated creditor choice includes such a debt.

  3. C

    Only if D agrees later

  4. D

    Yes, unless it is the newest debt.

View answer and explanation

Correct answer: B. No, the stated creditor choice includes such a debt.

B applies the express qualification.

Source note: Original LexMentor CLAT UG Batch 24, prepared in the official passage-based format.

Question 234HardAppropriation of Payments

Neither D nor C appropriates the payment. How is it applied?

  1. A

    To the largest debt only

  2. B

    To any future debt

  3. C

    Equally regardless of dates

  4. D

    In order of time, with proportionate treatment for equal standing

View answer and explanation

Correct answer: D. In order of time, with proportionate treatment for equal standing

D applies the third paragraph.

Source note: Original LexMentor CLAT UG Batch 24, prepared in the official passage-based format.

Question 235MediumAppropriation of Payments

When do these rules apply?

  1. A

    Whenever one debt exists

  2. B

    Only in criminal fines

  3. C

    Where several distinct debts exist between the same debtor and creditor

  4. D

    Only when no payment is made

View answer and explanation

Correct answer: C. Where several distinct debts exist between the same debtor and creditor

C follows from the final paragraph.

Source note: Original LexMentor CLAT UG Batch 24, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

A condition is a term essential to the main purpose of a sale contract. Its breach generally permits the buyer to reject the goods and claim damages. A warranty is collateral to the main purpose. Its breach gives a claim for damages but not a right to reject solely on that ground. The buyer may waive a condition or choose to treat its breach as a breach of warranty. In some circumstances, including acceptance of goods under a non-severable contract, the law may require a breach of condition to be treated only as a breach of warranty, unless the contract provides otherwise. Classification depends on the substance and importance of the term, not merely the label used by the parties. Apply only these principles.

Question 236MediumBreach of Condition and Warranty

S breaches a term essential to the main purpose of the sale. What may B generally do?

  1. A

    Claim damages only in every case

  2. B

    Accept criminal punishment

  3. C

    Ignore the breach

  4. D

    Reject the goods and claim damages

View answer and explanation

Correct answer: D. Reject the goods and claim damages

D applies the rule governing a condition.

Source note: Original LexMentor CLAT UG Batch 24, prepared in the official passage-based format.

Question 237HardBreach of Condition and Warranty

S breaches a collateral warranty. May B reject the goods solely on that ground?

  1. A

    Yes, every term permits rejection.

  2. B

    No, the ordinary remedy is damages.

  3. C

    Only if no loss occurred

  4. D

    Yes, labels control all remedies.

View answer and explanation

Correct answer: B. No, the ordinary remedy is damages.

B applies the warranty rule.

Source note: Original LexMentor CLAT UG Batch 24, prepared in the official passage-based format.

Question 238MediumBreach of Condition and Warranty

May B choose to treat breach of a condition as breach of warranty?

  1. A

    Yes, the buyer may make that election.

  2. B

    No, conditions can never be waived.

  3. C

    Only the seller may choose.

  4. D

    Only after resale.

View answer and explanation

Correct answer: A. Yes, the buyer may make that election.

A follows from the third paragraph.

Source note: Original LexMentor CLAT UG Batch 24, prepared in the official passage-based format.

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English Language310 questions with explanationsCurrent Affairs including General Knowledge310 questions with explanationsLogical Reasoning310 questions with explanationsQuantitative Techniques310 questions with explanations