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 When at the desire of one person, any other person has done or abstained from doing something, such act or abstinence or promise is called a consideration for the promise. Only a promise coupled with consideration is enforceable by law. Facts X, the uncle of Y, made a promise to pay him an amount of Rs 10000 as reward, if Y quits smoking and drinking within one year. X also deposited the above mentioned amount in a bank and informed Y that the said amount will be paid to him, if he quits smoking and drinking within one year. Within a period of six months of making the promise X died. After the expiry of one year of making the promise by X, Y made a request to the legal heirs of X demanding the promised money. The legal heirs of X declined the request of Y.

    A)  The promise of X to Y is enforceable by law because Y has quitted smoking and drinking

    B)  The promise of X to Y is not enforceable by law because Y has benefitted by quitting smoking and drinking

    C)  The promise of X to Y is enforceable by law because the amount of Rs 10000 has been deposited in a bank

    D)  The promise of X to Y is enforceable by law because X has died within a period of six months of making the promise

    Correct Answer: A

    Solution :

    Ans.  The principle given in the questions is same as given under section 2 of the Indian contract Act, 1872. In this case Y has abstained from smoking and drinking according to will and wish of X (uncle), moreover the consideration of Rs 10000 is already deposited in the bank account which is according to the provision of law that a promise coupled with consideration is enforceable by law. So, the promise of X to Y is enforceable by law because Y has quitted smoking and drinking.


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