CLAT CLAT Solved Paper-2019

  • question_answer
    Each question consists of legal principle(s) (here-in-after referred to as 'principle') and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e. [a], [b], [c] or [d] is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein 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 ability in legal aptitude, study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason.
    Principle Where one of the parties to a contract was in position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate decision of the other party.
    Facts 'A' doctor asked his patient to make a payment of ` 10,00,000 (Ten Lakh Only) for treatment of his fever. The patient paid an amount of ` 5,00,000 (Five Lakh Only) and promised to pay the remaining amount after the treatment.
    After treatment the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.

    A) The contract is enforceable against the doctor.

    B) The contract is enforceable against the patient.

    C) The contract is not enforceable.

    D) The contract is not enforceable against the patient.

    Correct Answer: B

    Solution :

    Sol.      [b] Here, the contract is enforceable against the patient. The patient could have gone to another doctor for treatment if the cost of treatment was not agreeable to him. As per the principle, the contract is enforceable only at the option of the party who is in a position to dominate decision of the other party.


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