Legal Reasoning MCQs for CLAT UG, Page 11

CLAT UG Legal Reasoning questions 239-262 of 310, with answer keys and explanations covering self-contained legal principles, factual application, changes in outcome, rights, duties, liability, and remedies.

310 questions61 topics239-262 on this page

Topics in this subject

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 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 239HardBreach of Condition and Warranty

A term is labelled "warranty" but is essential to the main purpose. Is the label conclusive?

  1. A

    Yes, labels always control.

  2. B

    Only if printed in red

  3. C

    No, substance and importance determine classification.

  4. D

    Yes, purpose is irrelevant.

View answer and explanation

Correct answer: C. No, substance and importance determine classification.

C applies the final paragraph.

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

Question 240MediumBreach of Condition and Warranty

What remedy ordinarily follows breach of warranty?

  1. A

    Automatic imprisonment

  2. B

    Cancellation of every contract

  3. C

    Specific performance in every case

  4. D

    A claim for damages

View answer and explanation

Correct answer: D. A claim for damages

D restates the second 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 contract of sale transfers ownership in goods from seller to buyer for a price. Where ownership transfers immediately, the contract is a sale. Where transfer is to occur at a future time or subject to a condition later fulfilled, the contract is an agreement to sell. It becomes a sale when the time passes or the condition is fulfilled. In a sale, loss ordinarily follows ownership unless otherwise agreed. In an agreement to sell, ownership remains with the seller until transfer, though a party may still be liable for its own fault. The classification depends on when the parties intended ownership to pass, not merely when possession or payment occurred. Apply only these principles.

Question 241MediumSale and Agreement to Sell

S and B intend ownership of identified goods to pass immediately for a price. What is the contract?

  1. A

    A sale

  2. B

    An agreement without consideration

  3. C

    A bailment only

  4. D

    A future gift

View answer and explanation

Correct answer: A. A sale

A applies the definition of sale.

Source note: Original LexMentor CLAT UG Batch 25, prepared in the official passage-based format.

Question 242HardSale and Agreement to Sell

Ownership is to pass next month after a stated condition is fulfilled. What is the present contract?

  1. A

    An immediate sale

  2. B

    An agreement to sell

  3. C

    A completed gift

  4. D

    A pledge

View answer and explanation

Correct answer: B. An agreement to sell

B follows from the second paragraph.

Source note: Original LexMentor CLAT UG Batch 25, prepared in the official passage-based format.

Question 243MediumSale and Agreement to Sell

When does an agreement to sell become a sale?

  1. A

    Only when litigation begins

  2. B

    Whenever possession changes

  3. C

    When the specified time passes or condition is fulfilled

  4. D

    Never

View answer and explanation

Correct answer: C. When the specified time passes or condition is fulfilled

C restates the conversion rule.

Source note: Original LexMentor CLAT UG Batch 25, prepared in the official passage-based format.

Question 244HardSale and Agreement to Sell

In an agreement to sell, before ownership passes and absent contrary agreement or fault, who ordinarily bears loss connected with ownership?

  1. A

    The buyer in every case

  2. B

    The carrier always

  3. C

    The State

  4. D

    The seller, because ownership remains with the seller

View answer and explanation

Correct answer: D. The seller, because ownership remains with the seller

D follows from the ownership-risk rule.

Source note: Original LexMentor CLAT UG Batch 25, prepared in the official passage-based format.

Question 245MediumSale and Agreement to Sell

Which factor principally determines the classification?

  1. A

    The parties' intention about when ownership passes

  2. B

    Payment alone

  3. C

    Possession alone

  4. D

    The colour of the goods

View answer and explanation

Correct answer: A. The parties' intention about when ownership passes

A follows from the final paragraph.

Source note: Original LexMentor CLAT UG Batch 25, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

Where a person contracts in writing and for consideration to transfer immovable property, and the terms can be ascertained with reasonable certainty, the transferee may receive protection through part performance. The transferee must have taken or continued in possession in part performance and done an act in furtherance of the contract. The transferee must also have performed or be willing to perform the transferee's part. When these requirements are met, the transferor is barred from enforcing rights against the transferee that are inconsistent with the contract, except rights expressly preserved by it. The doctrine ordinarily operates as a defence protecting possession. It does not itself create ownership or replace legal requirements for completing the transfer. Apply only these principles.

Question 246MediumDoctrine of Part Performance

Can an entirely oral arrangement claim protection under the passage?

  1. A

    Yes, writing is irrelevant.

  2. B

    No, a written contract is required.

  3. C

    Only if no consideration exists

  4. D

    Yes, if the property is movable.

View answer and explanation

Correct answer: B. No, a written contract is required.

B applies the first paragraph.

Source note: Original LexMentor CLAT UG Batch 25, prepared in the official passage-based format.

Question 247HardDoctrine of Part Performance

T has a qualifying written contract but never takes or continues in possession. Is the possession requirement met?

  1. A

    Yes, the contract alone is enough.

  2. B

    Only if T pays tax

  3. C

    No, the stated possession element is absent.

  4. D

    Yes, if the transferor changes address.

View answer and explanation

Correct answer: C. No, the stated possession element is absent.

C follows from the second paragraph.

Source note: Original LexMentor CLAT UG Batch 25, prepared in the official passage-based format.

Question 248MediumDoctrine of Part Performance

T refuses to perform T's own promised obligation. May T rely on the doctrine?

  1. A

    Yes, every transferee is protected.

  2. B

    Only if possession is brief

  3. C

    Yes, willingness is optional.

  4. D

    No, performance or willingness is required.

View answer and explanation

Correct answer: D. No, performance or willingness is required.

D applies the express requirement.

Source note: Original LexMentor CLAT UG Batch 25, prepared in the official passage-based format.

Question 249HardDoctrine of Part Performance

All requirements are met. What is the transferor prevented from doing?

  1. A

    Enforcing rights against T that are inconsistent with the contract

  2. B

    Seeking any expressly preserved right

  3. C

    Completing the transfer

  4. D

    Recognising T's possession

View answer and explanation

Correct answer: A. Enforcing rights against T that are inconsistent with the contract

A follows from the third paragraph.

Source note: Original LexMentor CLAT UG Batch 25, prepared in the official passage-based format.

Question 250MediumDoctrine of Part Performance

Does part performance itself create ownership?

  1. A

    Yes, automatically.

  2. B

    No, it ordinarily protects possession as a defence.

  3. C

    Only if the price is low

  4. D

    Yes, without any completed transfer.

View answer and explanation

Correct answer: B. No, it ordinarily protects possession as a defence.

B applies the final paragraph.

Source note: Original LexMentor CLAT UG Batch 25, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

An agent may bind a principal when acting within actual authority given by the principal. A principal may also be bound where the principal's conduct reasonably causes a third party to believe that the agent has authority. An agent who exceeds authority does not ordinarily bind the principal beyond the authorised part. If the authorised and unauthorised parts can be separated, the principal may be bound by the authorised part. A principal may later ratify an unauthorised act. Valid ratification requires knowledge of material facts and adoption of the whole transaction. It relates back to the time of the act. Ratification cannot be used to injure a third party by retrospectively destroying a right already acquired. Apply only these principles.

Question 251MediumAuthority of an Agent and Ratification

P authorises A to buy 100 chairs. A buys 100 chairs from T on P's behalf. Is P bound?

  1. A

    Yes, A acted within actual authority.

  2. B

    No, an agent can never bind a principal.

  3. C

    Only if T is also an agent

  4. D

    Only after a court order

View answer and explanation

Correct answer: A. Yes, A acted within actual authority.

A applies the rule of actual authority.

Source note: Original LexMentor CLAT UG Batch 26, prepared in the official passage-based format.

Question 252HardAuthority of an Agent and Ratification

P publicly presents A as authorised to purchase supplies. T reasonably relies on that conduct, although P privately limited A. Which rule is relevant?

  1. A

    Ratification is impossible.

  2. B

    P may be bound because P created a reasonable appearance of authority.

  3. C

    Private instructions always bind an unaware third party.

  4. D

    The transaction is necessarily a gift.

View answer and explanation

Correct answer: B. P may be bound because P created a reasonable appearance of authority.

B applies the apparent authority principle.

Source note: Original LexMentor CLAT UG Batch 26, prepared in the official passage-based format.

Question 253MediumAuthority of an Agent and Ratification

A performs one authorised purchase and a separate unauthorised purchase. The two are clearly separable. What follows?

  1. A

    P is bound by neither part.

  2. B

    P is bound by both parts automatically.

  3. C

    P may be bound by the authorised purchase only.

  4. D

    A becomes the principal.

View answer and explanation

Correct answer: C. P may be bound by the authorised purchase only.

C applies the separability rule.

Source note: Original LexMentor CLAT UG Batch 26, prepared in the official passage-based format.

Question 254HardAuthority of an Agent and Ratification

P learns only some material facts and purports to adopt the favourable half of A's unauthorised transaction. Is this valid ratification?

  1. A

    Yes, partial knowledge is sufficient.

  2. B

    Yes, a principal may select only benefits.

  3. C

    Yes, if A remains silent.

  4. D

    No, material knowledge and adoption of the whole transaction are required.

View answer and explanation

Correct answer: D. No, material knowledge and adoption of the whole transaction are required.

D applies both ratification requirements.

Source note: Original LexMentor CLAT UG Batch 26, prepared in the official passage-based format.

Question 255HardAuthority of an Agent and Ratification

Before P attempts ratification, T acquires a right that ratification would retrospectively destroy. May P use ratification for that purpose?

  1. A

    No, ratification cannot retrospectively injure T's acquired right.

  2. B

    Yes, in every case.

  3. C

    Only if A objects

  4. D

    Yes, because timing is irrelevant.

View answer and explanation

Correct answer: A. No, ratification cannot retrospectively injure T's acquired right.

A applies the final paragraph.

Source note: Original LexMentor CLAT UG Batch 26, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

A person may use necessary and proportionate force to defend against an imminent unlawful threat to body or property. The right is preventive, not punitive. The defender need not wait to be struck if the threat is reasonably imminent. Mere words, remote fear, or a past attack do not by themselves justify present force. The right continues only while the danger continues. Once the aggressor withdraws and the threat ends, later force is retaliation. The degree of permissible force depends on the nature of the threat. Force likely to cause death is not justified against a minor threat unless the circumstances reasonably indicate grave danger. Apply only these principles.

Question 256MediumRight of Private Defence

D sees A running towards D with a raised knife and an immediate threat. Must D wait to be stabbed before defending?

  1. A

    Yes, injury must occur first.

  2. B

    No, D may respond to a reasonably imminent threat.

  3. C

    Only if a witness is present

  4. D

    Yes, because defence is always punitive.

View answer and explanation

Correct answer: B. No, D may respond to a reasonably imminent threat.

B applies the imminence rule.

Source note: Original LexMentor CLAT UG Batch 26, prepared in the official passage-based format.

Question 257HardRight of Private Defence

A threatened D yesterday but is now peacefully walking away. D attacks A as punishment. Is the force protected?

  1. A

    Yes, every earlier threat remains imminent.

  2. B

    Yes, punishment is the object of defence.

  3. C

    No, the force is retaliatory rather than preventive.

  4. D

    Only if D was angry

View answer and explanation

Correct answer: C. No, the force is retaliatory rather than preventive.

C follows from the first three paragraphs.

Source note: Original LexMentor CLAT UG Batch 26, prepared in the official passage-based format.

Question 258MediumRight of Private Defence

A attacks D but then clearly withdraws and the danger ends. D pursues and strikes A. What follows?

  1. A

    The right continues forever.

  2. B

    Withdrawal increases the threat.

  3. C

    Pursuit is always necessary.

  4. D

    The later strike is not protected because the danger had ended.

View answer and explanation

Correct answer: D. The later strike is not protected because the danger had ended.

D applies the duration rule.

Source note: Original LexMentor CLAT UG Batch 26, prepared in the official passage-based format.

Question 259HardRight of Private Defence

A lightly pushes D during a minor argument and poses no grave danger. D responds with force likely to cause death. Is the response justified?

  1. A

    No, the response is disproportionate to the minor threat.

  2. B

    Yes, every push permits lethal force.

  3. C

    Yes, proportionality is irrelevant.

  4. D

    Only because the argument was minor

View answer and explanation

Correct answer: A. No, the response is disproportionate to the minor threat.

A applies the proportionality requirement.

Source note: Original LexMentor CLAT UG Batch 26, prepared in the official passage-based format.

Question 260MediumRight of Private Defence

What is the principal purpose of private defence under the passage?

  1. A

    To punish past wrongdoing

  2. B

    To prevent an imminent unlawful harm

  3. C

    To obtain compensation

  4. D

    To replace every public authority

View answer and explanation

Correct answer: B. To prevent an imminent unlawful harm

B restates the preventive purpose.

Source note: Original LexMentor CLAT UG Batch 26, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

An agreement restraining a person from exercising a lawful profession, trade, or business is void to the extent of the restraint, unless it falls within a stated exception. One exception applies when a seller of the goodwill of a business agrees with the buyer not to carry on a similar business within reasonable local limits, so long as the buyer carries on that business there. A restraint wider than reasonably necessary for the protected interest is not saved merely because the parties called it reasonable. A restriction during employment that requires an employee to work exclusively for the employer may protect the performance of the current contract. A restriction operating after employment ends is ordinarily a restraint of trade unless an exception applies. Apply only these principles.

Question 261MediumAgreements in Restraint of Trade

A contract permanently prevents R from carrying on any lawful business anywhere, and no exception applies. Is the restraint valid?

  1. A

    No, it is void to the extent of the restraint.

  2. B

    Yes, every contractual restraint is valid.

  3. C

    Only if R changes profession

  4. D

    Yes, because it is permanent.

View answer and explanation

Correct answer: A. No, it is void to the extent of the restraint.

A applies the general rule.

Source note: Original LexMentor CLAT UG Batch 27, prepared in the official passage-based format.

Question 262HardAgreements in Restraint of Trade

S sells a bakery's goodwill and reasonably agrees not to open a competing bakery in the same locality while B operates there. Is the restraint potentially valid?

  1. A

    No, sale of goodwill is irrelevant.

  2. B

    Yes, it falls within the stated exception if the local limit is reasonable.

  3. C

    Only if S sells no goodwill

  4. D

    Yes, even if it covers every country.

View answer and explanation

Correct answer: B. Yes, it falls within the stated exception if the local limit is reasonable.

B applies the goodwill exception.

Source note: Original LexMentor CLAT UG Batch 27, prepared in the official passage-based format.