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 Whosoever commits any act forbidden by the Indian Penal Code with a view to obtain the consent of any person to enter into an agreement, he cannot get the agreement enforced by law but the person, whose consent has been so obtained  may get the agreement enforced by law. The Indian Penal Code defines various offences and prescribes punishments to there for.                                                                                                   Facts A obtains the consent of B to enter into an agreement by an act amounting to criminal intimidation under the Indian Penal Code. A brings a case against B for performance of agreement

    A)  A will succeed in the case                                                                                         

    B)  A may succeed in the case                                                                                     

    C)  B will succeed in the case                                                                                          

    D)  B will not succeed in the case                                                                                       

    Correct Answer: C

    Solution :

    Ans.  As per the legal principle given in this question, whoever commits any act forbidden by the IPC with a view to obtain the consent of any person to enter into an agreement, he cannot get the agreement enforced by law but the person whose consent has been so obtained may get the agreement enforced by law. In this case, as A obtained the consent of B by criminal intimidation under IPC, A cannot get an agreement enforced by law against B, so B will succeed in the case.


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