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CLAT LLM Test Paper #05

Clat llm

1. Which of the following is not a fundamental right under the Constitution of India?
(a) Freedom of association
(b) Freedom of speech and expression
(c) Right to free and compulsory education
(d) Freedom of Movement
Ans- (c)

2. A person cannot complain against a harm to which he has voluntarily consented. Precautions can be taken only against reasonably foreseeable mishaps. At an athletic meet, during a hammer throw, the hammer came apart and hit a middle distance runner who was sitting 10 meters outside the throwing area. The runner sustained severe injuries on the head and neck. The runner filed a suit for damages. The standard precautions were taken for throwing the seven kilogram hammer. The runner

I. would be able to recover because the organisers had failed to keep the equipment in good condition
II. would not be able to recover because the injuries were caused in a freak accident
III. would not be able to recover because she had agreed to participate in the sports meet with all the attendant risks
IV. would not be able to recover because the accident was not reasonably foreseeable

(a) I
(b) II and III
(c) III
(d) II, III and IV
Ans- (d)

3. An agreement is enforceable at law if parties competent to contract enter into it with free consent, for consideration. And the contract is not contrary to law and against public policy. A, a boy of 16 years entered into an agreement to sell his flat at Bandra for a sum of Rs. 5 lakhs.cA’s father is very annoyed with A at the transaction and does not allow delivery. The buyer files a suit fora specific performance.
(a) the buyer will obtain relief because A freely entered into the contract
(b) the buyer will obtain relief because the agreement is with consideration
(c) the buyer will not succeed because A’s father does not approve of the contract
(d) the buyer will not succeed because A is below 18 years of age.
Ans- (d)

4. X a farmer in Kalahandi, distressed by hunger and destitution goes to the lcoal landlord for a loan of Rs. 5,000 and offers to work for him for the rest of his life. After 12 months of unpaid work X wants to go back on his promise. The landlord wishes to move the court to enforce the agreement.
(a) the landlord would succeed because X sold his labour for a consideration of Rs. 5,000/
(b) the landlord would fail because X was too distressed to decide freely
(c) the landlord would fail because the agreement was one of bonded labour which was against w and public policy
(d) the landlord would succeed because X had still not done work worth of Rs. 5,000
Ans- (c)

5. The age of majority for persons who have court appointed guardians has been recently
(a) increased from 18 to 21
(b) increased from 21 to 24
(c) decreased from 21 to 18
(d) not changed
Ans- (c)

6. Who is empowered to impose Emergency?
(a) The Chief Justice
(b) The Parliament
(c) The President
(d) The Prime Minister
Ans- (c)

7. Who presides over the meeting of Council of Ministers of India?
(a) Ministers in rotation according to seniority
(b) Prime Minister
(c) President
(d) Cabinet Secretary
Ans- (b)

8. Which Article of the Constitution deals with censorship?
(a) Article 22
(b) Article 32
(c) Article 19
(d) None
Ans- (c)

9. In an action for negligence, the plaintiff has to prove:
(a) existence of a duty
(b) breach of duty by defendant
(c) legal injury because of breach
(d) All of the above
Ans- (d)

10. Conspiracy needs, at least, ……………… persons
(a) One
(b) Two
(c) Three
(d) Five
Ans- (b)

11. Section ……………… of the Indian Penal Code punishes a murderer
(a) 299
(b) 300
(c) 301
(d) 302
Ans- (d)

12. ……………… are those offences for which a police officer can arrest a person without a warrant
(a) Cognisable offences
(b) Non-cognizable offences
(c) Bailable offences
(d) Non-bailable offences
Ans- (a)

13. Past consideration means
(a) Money received in the past without making even a proposal
(b) The price which is more than the promisor’s expectation
(c) The price said or service rendered at the desire or request of the promisor followed by a subsequent promise
(d) None of the above
Ans- (c)

14. In the matter of liquidated damages
(a) The plaintiff is entitled to recover the agreed amount of compensation for the loss suffered
(b) The plaintiff is not entitled to recover the agreed amount of compensation for the loss suffered
(c) The plaintiff is entitled to recover the agreed of compensation by proving the exact loss suffered.
(d) The plaintiff is entitled to recover the agreed of compensation without having to prove the exact loss suffered
Ans – (d)

15. Panchayati Raj Administration is primarily aimed:
(a) To arouse in the people of each area intensive and continuous interest in the community development programme
(b) To work for the upliftment of Harijans
(c) To ensure rural development
(d) To increase agricultural production
Ans- (c)

16. Slander is a _____________
(a) a crime
(b) a tort
(c) a breach of contract
(d) a breach of trust
Ans- (b)

17. _____________ are words which appear innocent, but contain a latent meaning which is defamatory.
(a) Libel
(b) Slander
(c) Innuendoes
(d) None of the above
Ans- (a)

18. A person enjoying the benefit of non-gratuitous act
(a) Is under an obligation to make compensation for this benefit
(b) May make compensation at his option
(c) Has no obligation towards any one
(d) Has no remedy available against him
Ans- (a)

19. Principle: Whosoever does not arrest the killer and report the matter to the concerned authorities commits an offence.
Facts: “A”, a woman, sees “B”, another woman, killing a third woman “C”. “A” neither attempted to arrest “B” nor inform the concerned authorities.
(a) “A” has not committed an offence
(b) “A” has committed and offence
(c) “B” has not committed an offence
(d) “B” has committed an offence
Ans- (a)

20. “audi alteram partem” means
(a) Not connected to facts
(b) Giving opportunity of hearing of the other side
(c) Following the substantive law
(d) A transferee cannot retransfer.
Ans- (b)

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