CLAT UG question bank

Legal Reasoning MCQs for CLAT UG, Page 2

CLAT UG Legal Reasoning questions 24-47 of 310, with answer keys and explanations covering self-contained legal principles, factual application, changes in outcome, rights, duties, liability, and remedies.

310 questions61 topics24-47 on this page

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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

Defamation occurs when a person publishes to someone other than the claimant a false statement of fact that would lower the claimant's reputation in the eyes of a reasonable person. Mere insult that communicates no factual allegation is not defamation. A statement of opinion may be treated as fact when it implies undisclosed facts that justify the opinion. Truth is a complete defence. Fair comment protects an honestly held opinion on a matter of public interest when the facts on which it is based are true or clearly indicated. A publisher who accurately reports an allegation as an allegation does not prove that the allegation itself is true. The claimant must be identifiable, even if not named. Publication requires communication to at least one third person. Apply only these principles.

Question 24HardDefamation and Responsible Publication

A channel truthfully reports that a complaint accuses Mira of bribery, but presents the accusation as proven fact without verification. Does accuracy about the complaint establish truth of bribery?

A
Yes, every complaint proves its contents.
B
Yes, if the report attracts public attention.
C
No, but only because television is exempt.
D
No, accurately reporting an allegation does not prove the allegation itself.

View answer and explanation

Correct answer: D. No, accurately reporting an allegation does not prove the allegation itself.

D directly applies the distinction in the passage. A and B confuse allegation with proof, while C invents an exemption.

Source note: Original LexMentor CLAT UG Batch 3, prepared in the official passage-based format.

Question 25MediumDefamation and Responsible Publication

A false article describes "the only pharmacist in Village X" without giving a name. There is only one pharmacist, Ravi. Is Ravi identifiable?

A
No, a claimant must always be named.
B
Yes, the description enables readers to identify him.
C
No, villages cannot be mentioned in defamation.
D
Yes, but only if Ravi wrote the article.

View answer and explanation

Correct answer: B. Yes, the description enables readers to identify him.

B is correct because identification can occur through description. Naming is not essential.

Source note: Original LexMentor CLAT UG Batch 3, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

An agent can bind a principal when acting within actual or apparent authority. Actual authority is authority the principal has expressly or impliedly given. Apparent authority arises when the principal's words or conduct reasonably lead a third party to believe that the agent has authority. The agent cannot create apparent authority merely by claiming to have it. If an agent exceeds authority, the principal may later ratify the entire transaction with knowledge of its material facts. Ratification relates back and treats the act as authorised from the beginning. A principal cannot ratify only the beneficial part while rejecting the burden. A third party who knows that the agent lacks authority cannot rely on apparent authority. Apply only these principles.

Question 26MediumAgency and Authority

P expressly tells A to purchase 100 chairs for no more than Rs. 2,000 each. A buys 100 chairs at Rs. 1,900 each. Is P bound?

A
No, agents can never make purchases.
B
No, because authority must be apparent rather than actual.
C
Yes, A acted within express actual authority.
D
Yes, but only after a court order.

View answer and explanation

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

C is correct because A followed the express quantity and price limits.

Source note: Original LexMentor CLAT UG Batch 3, prepared in the official passage-based format.

Question 27HardAgency and Authority

P repeatedly allows A to negotiate sales from P's office and signs the resulting contracts. A makes a similar sale to T, who reasonably relies on that pattern. P gave no actual authority this time. Is P likely bound?

A
Yes, P's conduct created apparent authority.
B
No, apparent authority can arise only from A's private claim.
C
No, past conduct is never relevant.
D
Yes, because every employee has unlimited authority.

View answer and explanation

Correct answer: A. Yes, P's conduct created apparent authority.

A is correct because P's conduct reasonably created the appearance of authority. B, C, and D misstate the rule.

Source note: Original LexMentor CLAT UG Batch 3, prepared in the official passage-based format.

Question 28MediumAgency and Authority

A tells T, without any supporting conduct by P, "I am authorised to sell P's land." T knows nothing else. Does A's statement alone create apparent authority?

A
Yes, every agent defines personal authority.
B
Yes, if T prefers the transaction.
C
No, unless the sale price is low.
D
No, the agent cannot create apparent authority merely by asserting it.

View answer and explanation

Correct answer: D. No, the agent cannot create apparent authority merely by asserting it.

D directly applies the stated rule. A, B, and C lack support.

Source note: Original LexMentor CLAT UG Batch 3, prepared in the official passage-based format.

Question 29HardAgency and Authority

Without authority, A buys machinery for P on credit. P learns all material facts and accepts the machinery but rejects the payment obligation. Can P ratify only the benefit?

A
Yes, because payment is always optional.
B
No, ratification must adopt the whole transaction.
C
Yes, if A acted quickly.
D
No, because unauthorised acts can never be ratified.

View answer and explanation

Correct answer: B. No, ratification must adopt the whole transaction.

B is correct because P cannot accept only the beneficial part. D contradicts the express ratification rule.

Source note: Original LexMentor CLAT UG Batch 3, prepared in the official passage-based format.

Question 30MediumAgency and Authority

T knows A is authorised to buy only office supplies, yet sells A a delivery van for P. Can T rely on apparent authority?

A
Yes, because vans can carry supplies.
B
Yes, because T dealt with an agent.
C
No, T knew A lacked authority for this transaction.
D
No, because principals can never buy vehicles through agents.

View answer and explanation

Correct answer: C. No, T knew A lacked authority for this transaction.

C is correct because actual knowledge of the limitation defeats reliance on apparent authority.

Source note: Original LexMentor CLAT UG Batch 3, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

Bailment occurs when one person, the bailor, delivers movable goods to another, the bailee, for a purpose, on the understanding that the goods will be returned or dealt with according to directions when the purpose ends. The bailee must take the care that a reasonably prudent person would take of similar goods in similar circumstances. The bailee is not an insurer and is not liable for loss despite reasonable care. A bailee who uses goods beyond the permitted purpose is liable for damage caused during that unauthorised use. The bailee must return the goods when the agreed time or purpose ends. Unavoidable delay is excused only when reasonable care continues. Apply only these principles.

Question 31MediumBailment and Duty of Care

R gives a watch to S for repair, with instructions to return it after repair. What relationship arises?

A
Sale
B
Bailment
C
Gift
D
Lease of land

View answer and explanation

Correct answer: B. Bailment

B is correct because movable goods are delivered for repair and return.

Source note: Original LexMentor CLAT UG Batch 4, prepared in the official passage-based format.

Question 32MediumBailment and Duty of Care

A warehouse stores B's goods using the same reasonable safeguards prudent owners use. An unforeseeable earthquake destroys them. Is the warehouse liable?

A
Yes, every bailee guarantees safety.
B
Yes, because earthquakes are authorised uses.
C
No, reasonable care was taken and the bailee is not an insurer.
D
No, because bailment never creates duties.

View answer and explanation

Correct answer: C. No, reasonable care was taken and the bailee is not an insurer.

C applies the reasonable-care rule. A imposes strict liability, while D denies the duty entirely.

Source note: Original LexMentor CLAT UG Batch 4, prepared in the official passage-based format.

Question 33HardBailment and Duty of Care

T lends a car to U only for travel to a nearby clinic. U instead takes it racing, where it is damaged. Is U liable?

A
Yes, the damage occurred during unauthorised use.
B
No, because possession transfers ownership.
C
No, because cars cannot be bailed.
D
Yes, but only if T was in the car.

View answer and explanation

Correct answer: A. Yes, the damage occurred during unauthorised use.

A is correct because U exceeded the permitted purpose.

Source note: Original LexMentor CLAT UG Batch 4, prepared in the official passage-based format.

Question 34MediumBailment and Duty of Care

A borrows equipment for two days and keeps it for a month without explanation. Which duty is breached?

A
The duty to purchase the equipment
B
The duty to insure every possible loss
C
The duty to use it commercially
D
The duty to return it when the agreed time ends

View answer and explanation

Correct answer: D. The duty to return it when the agreed time ends

D directly applies the return obligation.

Source note: Original LexMentor CLAT UG Batch 4, prepared in the official passage-based format.

Question 35HardBailment and Duty of Care

M leaves a sealed package with N for one hour. N places it safely in a locked room, but an armed robber steals it despite precautions. Which conclusion best follows?

A
N is automatically liable because the package was lost.
B
N is not liable if the precautions amounted to reasonable care.
C
No bailment existed because the package was sealed.
D
N became owner of the package.

View answer and explanation

Correct answer: B. N is not liable if the precautions amounted to reasonable care.

B is correct because a bailee is not an insurer after taking reasonable care.

Source note: Original LexMentor CLAT UG Batch 4, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

A person who receives money or property transferred because of a material mistake must generally restore the benefit. A mistake is material when the transfer would not have occurred had the true facts been known. Restitution aims to reverse unjust enrichment, not punish the recipient. A recipient who has reasonably and irreversibly changed position in good faith because of the transfer may have liability reduced to the extent restoration would be inequitable. Spending money on ordinary expenses that would have been paid anyway is not a sufficient change of position. A person who knowingly pays a sum that is not owed, intending it as a gift, cannot later describe the payment as mistaken. Apply only these principles.

Question 36MediumMistake and Restitution

A bank accidentally transfers Rs. 50,000 to R because it enters the wrong account number. Must R generally restore it?

A
No, every bank transfer is final.
B
No, the mistake changes ownership permanently.
C
Yes, but only as a criminal punishment.
D
Yes, the material mistake produced an unjust benefit.

View answer and explanation

Correct answer: D. Yes, the material mistake produced an unjust benefit.

D is correct because the transfer would not have occurred but for the error. Restitution reverses the benefit rather than punishes.

Source note: Original LexMentor CLAT UG Batch 4, prepared in the official passage-based format.

Question 37MediumMistake and Restitution

P knowingly gives Q Rs. 10,000 as a birthday gift, then regrets it. Can P claim material mistake?

A
No, the payment was knowingly intended as a gift.
B
Yes, regret converts every gift into a mistake.
C
Yes, because gifts are always loans.
D
No, because money can never be restored.

View answer and explanation

Correct answer: A. No, the payment was knowingly intended as a gift.

A is correct because P knew the facts and intended a gift.

Source note: Original LexMentor CLAT UG Batch 4, prepared in the official passage-based format.

Question 38HardMistake and Restitution

R receives a mistaken payment and, reasonably believing it is a prize, makes a non-refundable journey she would never otherwise have made. What may follow?

A
R always owes double the payment.
B
The transfer becomes a contract.
C
Liability may be reduced to the extent of her good-faith irreversible change of position.
D
R must be imprisoned.

View answer and explanation

Correct answer: C. Liability may be reduced to the extent of her good-faith irreversible change of position.

C applies the limited change-of-position protection.

Source note: Original LexMentor CLAT UG Batch 4, prepared in the official passage-based format.

Question 39MediumMistake and Restitution

S uses a mistaken payment to pay rent that was already due and would have been paid from savings. Is this sufficient change of position?

A
Yes, paying any bill eliminates restitution.
B
No, it was an ordinary expense S would have paid anyway.
C
Yes, because rent is irreversible.
D
No, because recipients can never raise any defence.

View answer and explanation

Correct answer: B. No, it was an ordinary expense S would have paid anyway.

B follows the express rule on ordinary expenses.

Source note: Original LexMentor CLAT UG Batch 4, prepared in the official passage-based format.

Question 40HardMistake and Restitution

What is the primary purpose of restitution under the passage?

A
To impose a criminal penalty
B
To reward careless transfers
C
To transfer ownership to the recipient
D
To reverse unjust enrichment caused by the mistaken transfer

View answer and explanation

Correct answer: D. To reverse unjust enrichment caused by the mistaken transfer

D states the purpose given in the passage.

Source note: Original LexMentor CLAT UG Batch 4, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

An agent may create legal relations between a principal and a third party. A principal is bound when the agent acts within actual authority expressly or impliedly given by the principal. Even without actual authority, the principal may be bound by apparent authority when the principal's words or conduct reasonably lead a third party to believe that the agent is authorised, and the third party relies on that appearance. The agent's own unsupported claim of authority is insufficient. Apparent authority also cannot assist a third party who knows that the agent lacks authority. A principal may ratify an unauthorised transaction by knowingly accepting it after learning the material facts. Ratification makes the transaction binding as if it had been authorised. Apply only these principles.

Question 41MediumAgency and Authority

P expressly authorises A to buy 100 chairs for P. A does so within the stated price. Is P bound?

A
No, agents can never bind principals.
B
Yes, A acted within actual authority.
C
No, only apparent authority is relevant.
D
Yes, but only if A uses the chairs personally.

View answer and explanation

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

B is correct because P expressly authorised the purchase on those terms.

Source note: Original LexMentor CLAT UG Batch 5, prepared in the official passage-based format.

Question 42HardAgency and Authority

P repeatedly allows A to negotiate sales from P's office and confirms those sales. A then makes a similar sale to T, who reasonably relies on this conduct. P had privately withdrawn A's authority without informing T. Is P bound?

A
No, private withdrawal always defeats third parties.
B
No, because offices cannot indicate authority.
C
Yes, P's conduct created apparent authority on which T relied.
D
Yes, solely because A claimed to be authorised.

View answer and explanation

Correct answer: C. Yes, P's conduct created apparent authority on which T relied.

C applies apparent authority created by P's conduct. A's claim alone would not be enough.

Source note: Original LexMentor CLAT UG Batch 5, prepared in the official passage-based format.

Question 43MediumAgency and Authority

A tells T that A represents P, but P has never authorised A or acted in a way suggesting authority. Is P bound?

A
No, A's unsupported claim cannot create apparent authority.
B
Yes, every claim by an agent binds the named principal.
C
Yes, because T heard the statement.
D
No, because agency can never be created expressly.

View answer and explanation

Correct answer: A. No, A's unsupported claim cannot create apparent authority.

A follows the rule that apparent authority must arise from the principal's words or conduct.

Source note: Original LexMentor CLAT UG Batch 5, prepared in the official passage-based format.

Question 44HardAgency and Authority

T knows that A may purchase only up to Rs. 1 lakh for P. A signs a Rs. 3 lakh purchase with T. Can T rely on apparent authority?

A
Yes, because all spending limits are secret.
B
Yes, if T prefers the larger transaction.
C
No, but only because the goods are movable.
D
No, T knew that A lacked authority for that amount.

View answer and explanation

Correct answer: D. No, T knew that A lacked authority for that amount.

D is correct because known limits defeat reliance on apparent authority.

Source note: Original LexMentor CLAT UG Batch 5, prepared in the official passage-based format.

Question 45MediumAgency and Authority

A makes an unauthorised purchase for P. After learning all material facts, P accepts and uses the goods. What is the best conclusion?

A
The transaction remains void in every circumstance.
B
P may be bound because the knowing acceptance amounts to ratification.
C
A gains ownership of P's business.
D
The seller must destroy the goods.

View answer and explanation

Correct answer: B. P may be bound because the knowing acceptance amounts to ratification.

B applies the rule on ratification by informed acceptance.

Source note: Original LexMentor CLAT UG Batch 5, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

A person commits defamation by publishing to another person a false statement of fact that harms an individual's reputation. Communicating the statement only to the person concerned is not publication to another. Repeating a rumour can amount to publication even when the speaker identifies it as a rumour. Truth is a complete defence. Honest opinion is a defence when the statement is recognisable as opinion, is based on substantially true facts disclosed or generally known, and is honestly held. Merely labelling a factual allegation as an opinion does not make it one. A good-faith statement made where the speaker has a duty to communicate and the recipient has a corresponding interest in receiving it is protected by qualified privilege. The protection is lost if the speaker acts with malice, such as knowing falsity or a dominant improper motive. Apply only these principles.

Question 46MediumDefamation and Defences

R privately tells S, and no one else, a false statement that harms S's reputation. Has publication to another person occurred?

A
Yes, every spoken statement is published.
B
Yes, because S heard it.
C
No, but only if S agrees with it.
D
No, the statement was communicated only to S.

View answer and explanation

Correct answer: D. No, the statement was communicated only to S.

D is correct because publication requires communication to someone other than the person concerned.

Source note: Original LexMentor CLAT UG Batch 5, prepared in the official passage-based format.

Question 47EasyDefamation and Defences

A newspaper publishes an accurate fact that damages P's reputation. Which defence applies under the passage?

A
Truth
B
Mistake alone
C
Silence
D
Ownership

View answer and explanation

Correct answer: A. Truth

A is correct because truth is a complete defence under the stated rule.

Source note: Original LexMentor CLAT UG Batch 5, prepared in the official passage-based format.

Topics in this subject

A channel truthfully reports that a complaint accuses Mira of bribery, but presents the accusation as proven fact without verification. Does accuracy about the complaint establish truth of bribery?

A false article describes "the only pharmacist in Village X" without giving a name. There is only one pharmacist, Ravi. Is Ravi identifiable?

P expressly tells A to purchase 100 chairs for no more than Rs. 2,000 each. A buys 100 chairs at Rs. 1,900 each. Is P bound?

P repeatedly allows A to negotiate sales from P's office and signs the resulting contracts. A makes a similar sale to T, who reasonably relies on that pattern. P gave no actual authority this time. Is P likely bound?

A tells T, without any supporting conduct by P, "I am authorised to sell P's land." T knows nothing else. Does A's statement alone create apparent authority?

Without authority, A buys machinery for P on credit. P learns all material facts and accepts the machinery but rejects the payment obligation. Can P ratify only the benefit?

T knows A is authorised to buy only office supplies, yet sells A a delivery van for P. Can T rely on apparent authority?

R gives a watch to S for repair, with instructions to return it after repair. What relationship arises?

A warehouse stores B's goods using the same reasonable safeguards prudent owners use. An unforeseeable earthquake destroys them. Is the warehouse liable?

T lends a car to U only for travel to a nearby clinic. U instead takes it racing, where it is damaged. Is U liable?

A borrows equipment for two days and keeps it for a month without explanation. Which duty is breached?

M leaves a sealed package with N for one hour. N places it safely in a locked room, but an armed robber steals it despite precautions. Which conclusion best follows?

A bank accidentally transfers Rs. 50,000 to R because it enters the wrong account number. Must R generally restore it?

P knowingly gives Q Rs. 10,000 as a birthday gift, then regrets it. Can P claim material mistake?

R receives a mistaken payment and, reasonably believing it is a prize, makes a non-refundable journey she would never otherwise have made. What may follow?

S uses a mistaken payment to pay rent that was already due and would have been paid from savings. Is this sufficient change of position?

What is the primary purpose of restitution under the passage?

P expressly authorises A to buy 100 chairs for P. A does so within the stated price. Is P bound?

P repeatedly allows A to negotiate sales from P's office and confirms those sales. A then makes a similar sale to T, who reasonably relies on this conduct. P had privately withdrawn A's authority without informing T. Is P bound?

A tells T that A represents P, but P has never authorised A or acted in a way suggesting authority. Is P bound?

T knows that A may purchase only up to Rs. 1 lakh for P. A signs a Rs. 3 lakh purchase with T. Can T rely on apparent authority?

A makes an unauthorised purchase for P. After learning all material facts, P accepts and uses the goods. What is the best conclusion?

R privately tells S, and no one else, a false statement that harms S's reputation. Has publication to another person occurred?

A newspaper publishes an accurate fact that damages P's reputation. Which defence applies under the passage?

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