CLAT CLAT Solved Paper-2013

  • question_answer
    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 An agreement to do an act impossible in itself cannot be enforced by a court of law. Facts Ramesh agrees with his girlfriend Shilpa to pluck stars from the sky through his extraordinary will power and bring them down on Earth for her within a week. After the expiry of one week, Shilpa filed a suit for damages against Ramesh, for the breach of contract as Ramesh failed to perform his promise.

    A)  Shilpa can succeed in getting damages as Ramesh has deceived her

    B)  Ramesh cannot be held liable as he honestly believes that his love for Shilpa is true and therefore, he will succeed in his endeavour

    C)  The court cannot entertain such suits as the act promised under the agreement is impossible in It self

    D)  Ramesh can be held liable for making an absurd promise

    Correct Answer: C

    Solution :

    Ans.  The principle given in this case is same as section 56 of the Indian Contract Act, 1872, which states that agreement to do impossible act is void. In this case Ramesh promised to Shilpa that he will pluck stars from the sky and bring them down on earth for her within a week, so it is an act which is impossible, so the contract is void.


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