CLAT UG question bank

Legal Reasoning MCQs for CLAT UG, Page 7

CLAT UG Legal Reasoning questions 144-166 of 310, with answer keys and explanations covering self-contained legal principles, factual application, changes in outcome, rights, duties, liability, and remedies.

310 questions61 topics144-166 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

Assault is an intentional act causing another person reasonably to apprehend imminent unlawful physical contact. Physical contact is unnecessary. Words, gestures, and surrounding circumstances must be considered together. Battery is intentional and direct unlawful physical contact with another person. The contact need not cause injury, but ordinary contact impliedly accepted in daily life is not unlawful. A threat of harm at a distant future time is not assault because the threatened contact is not imminent. Consent or lawful justification may defeat liability for contact. Apply only these principles.

Question 144HardAssault and Battery

D lightly brushes P while moving through an ordinarily crowded train. Is that contact automatically battery?

  1. A

    Yes, every intentional contact is unlawful.

  2. B

    Yes, because trains imply no contact.

  3. C

    No, ordinary contact accepted in daily life may be impliedly consented to.

  4. D

    No, because battery exists only at home.

View answer and explanation

Correct answer: C. No, ordinary contact accepted in daily life may be impliedly consented to.

C applies the ordinary-contact qualification.

Source note: Original LexMentor CLAT UG Batch 15, prepared in the official passage-based format.

Question 145MediumAssault and Battery

During a lawfully conducted contact sport, P consents to contact within the rules. Does such contact necessarily amount to battery?

  1. A

    Yes, sports never permit contact.

  2. B

    Yes, because consent is irrelevant.

  3. C

    No, but only if no spectators attend.

  4. D

    No, valid consent may defeat liability.

View answer and explanation

Correct answer: D. No, valid consent may defeat liability.

D applies the consent defence.

Source note: Original LexMentor CLAT UG Batch 15, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

A pledge is the delivery of goods as security for payment of a debt or performance of a promise. The person delivering the goods is the pawnor, and the person receiving them as security is the pawnee. The pawnee may retain the goods for the secured debt, interest, and necessary preservation expenses. On default, the pawnee may sue while retaining the goods or sell them after giving the pawnor reasonable notice. Sale without reasonable notice is wrongful. If sale proceeds exceed the debt and lawful expenses, the surplus belongs to the pawnor. If proceeds are insufficient, the pawnor remains liable for the balance. Apply only these principles.

Question 146MediumPledge and Rights of the Pawnee

What is essential to a pledge?

  1. A

    Delivery of goods as security for a debt or promise

  2. B

    Permanent transfer of ownership as a gift

  3. C

    Sale of land without possession

  4. D

    A criminal prosecution

View answer and explanation

Correct answer: A. Delivery of goods as security for a debt or promise

A states the definition in the opening paragraph.

Source note: Original LexMentor CLAT UG Batch 15, prepared in the official passage-based format.

Question 147HardPledge and Rights of the Pawnee

May the pawnee retain pledged goods for necessary preservation expenses connected with them?

  1. A

    No, retention covers only the original principal.

  2. B

    Yes, the passage includes necessary preservation expenses.

  3. C

    Yes, for every unrelated debt.

  4. D

    No, goods must be returned immediately after delivery.

View answer and explanation

Correct answer: B. Yes, the passage includes necessary preservation expenses.

B follows from the second paragraph.

Source note: Original LexMentor CLAT UG Batch 15, prepared in the official passage-based format.

Question 148MediumPledge and Rights of the Pawnee

After default, P sells the pledged goods without giving reasonable notice. Is the sale compliant?

  1. A

    Yes, default removes every procedural duty.

  2. B

    Yes, if P expected a higher price.

  3. C

    No, sale without reasonable notice is wrongful.

  4. D

    No, because pledged goods can never be sold.

View answer and explanation

Correct answer: C. No, sale without reasonable notice is wrongful.

C applies the express notice requirement.

Source note: Original LexMentor CLAT UG Batch 15, prepared in the official passage-based format.

Question 149HardPledge and Rights of the Pawnee

The sale produces more than the debt and lawful expenses. Who receives the surplus?

  1. A

    The pawnee as an additional reward

  2. B

    The auctioneer

  3. C

    The State

  4. D

    The pawnor

View answer and explanation

Correct answer: D. The pawnor

D states the surplus rule.

Source note: Original LexMentor CLAT UG Batch 15, prepared in the official passage-based format.

Question 150MediumPledge and Rights of the Pawnee

Sale proceeds are insufficient to satisfy the secured amount. What follows?

  1. A

    The pawnor remains liable for the balance.

  2. B

    The debt is automatically doubled.

  3. C

    The pawnee must return all sale proceeds.

  4. D

    The shortfall becomes a public debt.

View answer and explanation

Correct answer: A. The pawnor remains liable for the balance.

A applies the final sentence.

Source note: Original LexMentor CLAT UG Batch 15, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

A contract of guarantee is a promise to perform the obligation or discharge the liability of another person if that person defaults. The person giving the guarantee is the surety, the person whose default is covered is the principal debtor, and the person to whom the guarantee is given is the creditor. Unless the contract provides otherwise, the surety's liability is co-extensive with that of the principal debtor. A continuing guarantee covers a series of transactions and may be revoked by notice for future transactions. If the creditor and principal debtor vary the terms of the underlying contract without the surety's consent, the surety is discharged for transactions subsequent to the variation. A surety who rightfully pays the guaranteed debt may recover that amount from the principal debtor. Apply only these principles.

Question 151MediumContract of Guarantee and Surety

S promises C that S will pay D's loan if D defaults. What is S?

  1. A

    Principal debtor

  2. B

    Creditor

  3. C

    Surety

  4. D

    Beneficiary of a gift

View answer and explanation

Correct answer: C. Surety

C follows from the definition of the person giving the guarantee.

Source note: Original LexMentor CLAT UG Batch 16, prepared in the official passage-based format.

Question 152HardContract of Guarantee and Surety

D owes C Rs 1 lakh and defaults. S guaranteed the debt without limiting liability. What is the extent of S's liability under the passage?

  1. A

    It is co-extensive with D's liability.

  2. B

    It is always limited to half the debt.

  3. C

    It arises only if C forgives D.

  4. D

    It cannot exceed Rs 1,000.

View answer and explanation

Correct answer: A. It is co-extensive with D's liability.

A applies the default rule of co-extensive liability.

Source note: Original LexMentor CLAT UG Batch 16, prepared in the official passage-based format.

Question 153MediumContract of Guarantee and Surety

S gives a continuing guarantee for future supplies to D and later gives C notice of revocation. What is the effect?

  1. A

    All earlier completed transactions disappear.

  2. B

    The guarantee may be revoked for transactions occurring after notice.

  3. C

    D is released from every debt.

  4. D

    The notice increases S's liability.

View answer and explanation

Correct answer: B. The guarantee may be revoked for transactions occurring after notice.

B applies the rule governing future transactions.

Source note: Original LexMentor CLAT UG Batch 16, prepared in the official passage-based format.

Question 154HardContract of Guarantee and Surety

Without S's consent, C and D materially vary the terms of future credit covered by S's guarantee. Is S liable for transactions after that variation?

  1. A

    Yes, consent is never relevant.

  2. B

    Yes, because every guarantee is permanent.

  3. C

    No, but only if D becomes wealthy.

  4. D

    No, S is discharged for subsequent transactions under the stated rule.

View answer and explanation

Correct answer: D. No, S is discharged for subsequent transactions under the stated rule.

D applies the consequence of an unconsented variation.

Source note: Original LexMentor CLAT UG Batch 16, prepared in the official passage-based format.

Question 155MediumContract of Guarantee and Surety

S rightfully pays C after D defaults. May S recover the paid amount from D?

  1. A

    No, payment becomes a gift.

  2. B

    Only C may seek repayment.

  3. C

    Yes, the surety may recover from the principal debtor.

  4. D

    Yes, but only from an unrelated third party.

View answer and explanation

Correct answer: C. Yes, the surety may recover from the principal debtor.

C follows from the surety's stated right of recovery.

Source note: Original LexMentor CLAT UG Batch 16, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

A contingent contract is a contract to do or not do something if an uncertain event, collateral to the contract, happens or does not happen. A contract contingent on an event happening cannot be enforced unless and until that event happens. It becomes void if the event becomes impossible. A contract contingent on an event not happening may be enforced when the happening of that event becomes impossible. If performance depends on how a person will act at an unspecified time, the event becomes impossible when that person does something making the required conduct impossible within any definite time or otherwise than under further contingencies. An agreement contingent on an impossible event is void whether or not the parties knew of the impossibility. Apply only these principles.

Question 156MediumContingent Contracts

A promises to pay B if a specified ship arrives. When can B enforce the promise?

  1. A

    Immediately after the promise

  2. B

    Only when A finds it convenient

  3. C

    Even after the ship sinks

  4. D

    When the specified ship arrives

View answer and explanation

Correct answer: D. When the specified ship arrives

D applies the rule for an event that must happen.

Source note: Original LexMentor CLAT UG Batch 16, prepared in the official passage-based format.

Question 157HardContingent Contracts

A promises to pay B if a named horse wins a race. The horse dies before the race. What follows?

  1. A

    The contract becomes automatically enforceable.

  2. B

    The contract becomes void because the event is impossible.

  3. C

    B must select another horse.

  4. D

    The event is treated as having occurred.

View answer and explanation

Correct answer: B. The contract becomes void because the event is impossible.

B applies the impossibility rule.

Source note: Original LexMentor CLAT UG Batch 16, prepared in the official passage-based format.

Question 158MediumContingent Contracts

A agrees to pay B if a ship does not return. The ship sinks. When may the promise be enforced?

  1. A

    When the ship's return becomes impossible

  2. B

    Only if the ship returns

  3. C

    Never, because non-happening cannot support a contract

  4. D

    Before any uncertainty is resolved

View answer and explanation

Correct answer: A. When the ship's return becomes impossible

A applies the rule for an event not happening.

Source note: Original LexMentor CLAT UG Batch 16, prepared in the official passage-based format.

Question 159HardContingent Contracts

A and B agree that A will pay if two parallel lines meet. Both believe this may occur. Is the agreement valid?

  1. A

    Yes, because both parties believed it.

  2. B

    Yes, if consideration was paid.

  3. C

    No, an agreement contingent on an impossible event is void.

  4. D

    No, but only after ten years.

View answer and explanation

Correct answer: C. No, an agreement contingent on an impossible event is void.

C follows regardless of the parties' knowledge.

Source note: Original LexMentor CLAT UG Batch 16, prepared in the official passage-based format.

Question 160MediumContingent Contracts

Which arrangement best illustrates a contingent contract?

  1. A

    An immediate cash sale with completed payment

  2. B

    A completed gift

  3. C

    A promise to repay an unconditional present debt

  4. D

    A promise to pay if a collateral uncertain event occurs

View answer and explanation

Correct answer: D. A promise to pay if a collateral uncertain event occurs

D restates the defining structure of a contingent contract.

Source note: Original LexMentor CLAT UG Batch 16, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

A contract of indemnity is a promise by one person to save another from loss caused by the conduct of the promisor or another person. The person making the promise is the indemnifier, and the protected person is the indemnity holder. Acting within the scope of authority, the indemnity holder may recover from the indemnifier damages that the holder is compelled to pay in a covered proceeding. The holder may also recover litigation costs reasonably incurred while following the indemnifier's directions or acting prudently. Amounts paid under a compromise may be recovered when the compromise was not contrary to the indemnifier's orders and was one that a prudent person would make, or when the indemnifier authorised it. Loss outside the promise is not recoverable. Apply only these principles.

Question 161MediumContract of Indemnity

P promises to protect H from loss caused by X's conduct. What is P?

  1. A

    Indemnifier

  2. B

    Indemnity holder

  3. C

    Principal debtor

  4. D

    Bailee

View answer and explanation

Correct answer: A. Indemnifier

A follows from the definition of the person making the promise.

Source note: Original LexMentor CLAT UG Batch 17, prepared in the official passage-based format.

Question 162HardContract of Indemnity

H is compelled to pay damages in a proceeding clearly covered by P's indemnity. May H recover them from P?

  1. A

    No, damages are never recoverable.

  2. B

    Only if X voluntarily pays first

  3. C

    Yes, covered damages that H is compelled to pay may be recovered.

  4. D

    Yes, but only from the court.

View answer and explanation

Correct answer: C. Yes, covered damages that H is compelled to pay may be recovered.

C applies the express rule on covered damages.

Source note: Original LexMentor CLAT UG Batch 17, prepared in the official passage-based format.

Question 163MediumContract of Indemnity

H reasonably defends a covered claim while following P's instructions. Are prudent litigation costs recoverable?

  1. A

    No, costs always remain with H.

  2. B

    Yes, such costs fall within the stated protection.

  3. C

    Only if H loses deliberately

  4. D

    Only if no proceeding was filed

View answer and explanation

Correct answer: B. Yes, such costs fall within the stated protection.

B follows from the rule on costs.

Source note: Original LexMentor CLAT UG Batch 17, prepared in the official passage-based format.

Question 164HardContract of Indemnity

Without authorisation, H makes an imprudent compromise contrary to P's express orders. Can H recover the payment under the passage?

  1. A

    Yes, every compromise binds P.

  2. B

    Yes, if H later regrets it.

  3. C

    No, but only because proceedings ended.

  4. D

    No, the stated requirements for recovery are not met.

View answer and explanation

Correct answer: D. No, the stated requirements for recovery are not met.

D applies the limits governing compromises.

Source note: Original LexMentor CLAT UG Batch 17, prepared in the official passage-based format.

Question 165MediumContract of Indemnity

H suffers a loss wholly outside the risk described in P's indemnity. Is P liable under these principles?

  1. A

    No, loss outside the promise is not recoverable.

  2. B

    Yes, every loss is automatically covered.

  3. C

    Yes, because indemnity has no scope.

  4. D

    Only if H conceals the cause.

View answer and explanation

Correct answer: A. No, loss outside the promise is not recoverable.

A applies the final sentence of the passage.

Source note: Original LexMentor CLAT UG Batch 17, prepared in the official passage-based format.

Passage or principleOriginal legal principle and fact scenarios

A seller is unpaid when the whole price has not been paid or tendered. While the seller lawfully possesses the goods, the seller may retain them by exercising a lien where the sale was without credit, the credit period has expired, or the buyer has become insolvent. If the buyer becomes insolvent after the seller has parted with possession, the seller may stop goods while they are in transit and resume possession. Transit ends when the buyer or the buyer's agent obtains delivery. A seller who has exercised lien or stoppage does not automatically rescind the contract. Resale is permitted in the circumstances stated by law, including where the goods are perishable or where notice of intended resale is given and the buyer still fails to pay within a reasonable time. Apply only these principles.

Question 166MediumRights of an Unpaid Seller

When is a seller unpaid under the passage?

  1. A

    Only when no written contract exists

  2. B

    When the whole price has not been paid or tendered

  3. C

    Whenever delivery is delayed by one hour

  4. D

    Only after a court decree

View answer and explanation

Correct answer: B. When the whole price has not been paid or tendered

B states the definition in the first sentence.

Source note: Original LexMentor CLAT UG Batch 17, 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