CLAT CLAT Solved Paper-2013

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    Directions This section consists of fifty (50) questions. Each question consists of legal propositions principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
    Principle If the object of an agreement is or becomes unlawful or immoral or opposed to public policy in the eyes of law, then the courts will not enforce such agreements. Law generally prohibits child labour. Facts P enters into an agreement with T, by which P has to let his house to T for two years and T has to pay Rs 20000.00 per month to P as rent. T starts a child care centre in that house. But after some time in order to earn some money for the maintenance of the centre, T starts sending the children of the centre on the rotation basis to work for four hour a day in some nearby chemical and hazardous factories. When P comes to know about this new development, he asks T either to stop the children from working in factories or to leave his house immediately. T neither agrees to leave the house nor to stop the children from working in the factories. P files a suit in the court of law for appropriate relief action.

    A)  P cannot succeed as the agreement was for the two years and it cannot be terminated before the expiry of that period.

    B)  P cannot succeed as the object at the time of making of the agreement was not clear

    C)  P will succeed as the object of the agreement has become unlawful

    D)  P will not succeed, if T agrees to share the wages of the children with P

    Correct Answer: C

    Solution :

    Ans.  According to the principle given here, if the object of an agreement is or becomes unlawful, then courts will not enforce such agreements, moreover law prohibits child labour. In the present scenario, in the beginning T starts a child care centre in the premises of P, for which he is paying rent but after some time T engages children in a chemical and hazardous factory, which is against the provisions of law, hence the object has become unlawful.


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