Aimclat Mock1

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Mock Test 1
ENGLISH
Directions for questions 1-10: Read the passage given below and answer the questions given below it.
On January 28, 1893, Americans read in their evening newspapers a bulletin from Honolulu, Hawaii. Two weeks earlier, said the news report, a group of American residents had overthrown a young native queen and formed a provisional government. Marines from the U.S.S. Boston had landed at the request of the American minister in order to protect lives and property. Violence had ended quickly. The rebels were in full control and were said to have enthusiastic support from the populace. Most noteworthy of all, they had announced the intention of asking the United States to annex the islands. The proposal was not as startling as it might have seemed. Most of the large landowners in the islands were Americans or the children of Americans. So too were the men who grew, refined, and shipped the sugar that was Hawaii's principal export. In addition, many of the kingdom's Protestant clergymen, lawyers, bankers, factory owners and other leading personages were also American citizens. Though numbering only two thousand of the island's total population of around ninety thousand, these Americans had already given Hawaii the appearance of a colony. This influence could be seen as far back as 1854 when they nearly persuaded a native monarch to request annexation by the United States. Subsequently, the American element helped secure tariff reciprocity from the United States while the island ceded a naval station to the United States. Such measures sparked enough concern by the United States to lead presidents from Tyler on down to periodically warn European powers against meddling in Hawaiian affairs. Thus by 1893, the new proposal might have been characterized as simply a plan to annex a state already Amercanized and virtually a protectorate. Nonetheless, the proposition came unexpectedly, and neither politicians nor journalists knew quite what to make of it. Editorials and comments from Capitol Hill were at first noncommittal. The molders of public opinion seemed intent on learning what mold the public wanted. San Francisco's leading Republican and Democratic dailies, the Chronicle and Examiner, declared that Hawaii should certainly be accepted as a state. On January 29, the Chronicle reported a poll of local businessmen focused on potential profits. Claus Spreckles, for example, who owned Hawaii's largest sugar plantation, hoped to obtain the two-government to domestic sugar producers. In addition, he anticipated increased freight for his Oceanic Steamship line as well as more plentiful and cheaper raw sugar for his California Sugar Refinery Company. Businessmen elsewhere on the Pacific coast followed their lead. San Diego, for example, was virtually the property of the Spreckles family. Moreover, in Los Angeles, Fresno, and San Jose, the Spreckelses were allied, to some extent, in the battle against the railroad with the merchants, bankers, warehouse owners, real estate dealers, and contractors; and the Chambers of Commerce of Portland and Seattle had long cooperated with that of San Francisco in pressing for national policies advantageous to the West. It was not long before businessmen all along the coast were reported as favouring annexation. 1. In the passage what event occurred "two weeks earlier" (line 1) than January 28, 1893? (a) Angry Hawaiian natives rebelled against American rule in Honolulu. (b) The United States annexed the Hawaiian islands. For more material and AimCLAT mock test series, log on to www.aimclat.com Page 1
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(c) American rebels seized government control of the Hawaiian islands. (d) Marines from the U.S.S. Boston arrived to protect the young native queen from rebels. 2. According to the second paragraph of the passage, Americans on the Hawaiian islands (a) outnumbered native islanders by about 88,000 (b) were largely in opposition to the Americans proposal of an annexation of the islands. (c) already owned all the land, and thus rightly usurped the power of the monarchy (d) had established themselves there in such a way that annexation seemed the next likely step 3. The word "ceded", as used in line 13, most nearly means (a) gave over (b) took as tax (c) paid as tax (d) donated as charity 4. In describing the response of the "molders of public opinion,"(line 17) the author suggests that they (a) persuaded the United States government to annex the Hawaiian islands (b) really had little to do with the public's opinion on annexation (c) were unfamiliar with the politics of the Hawaiian islands (d) wanted to learn about the events that took place on the islands 5. In the passage, the author mentions Claus Spreckles in order to (a) present an example of how businessmen would profit from the annexation of Hawaii (b) demonstrate that some people in United States were opposed to annexation (c) prove that Hawaiians were predominantly in favour of statehood (d) show the role that Americans played in Hawaii 6. All of the following served as reasons that Claus Spreckles supported annexation EXCEPT (a) the two-cent-a-pound bounty (b) more plentiful sugar in refineries (c) support for the railroads (d) more cargo for his steamship line to carry 7. Which of the following does NOT exemplify the Americanisation of the Hawaii islands? (a) Most of the important personages were of American origin. (b) The majority of people involved in the sugar industry were Americans or of American origin. (c) The U.S.S Marines helped to control the violence. (d) Land was owned mostly by the people of American origin. 8. Choose the word which is most similar in meaning to startling (line 6) (a) alarming (b) frightening (c) petrifying (d) astounding
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9. What does the author mean by virtually (line 15)? (a) basically (b) practically (c) not absolutely (d) essentially 10. The word persuaded as used in the second paragraph could be best replaced by (a) moved (b) coaxed (c) prompted (d) propagandized Directions for questions 11-20: Read the passage given below and answer the questions given below it. Talk to those people who first saw films when they were silent, and they will tell you the experience was magic. The silent film had extraordinary powers to draw members of an audience into the story, and an equally potent capacity to make their imaginations work. It required the audience to become engaged - to supply voices and sound effects. The audience was the final, creative contributor to the process of making a film. The finest films of the silent era depended on two elements that we can seldom provide today- a large and receptive audience and a well orchestrated score. For the audience, the fusion of picture and live music added up to more than the sum of the respective parts. The one word that sums up the attitude of the silent filmmakers is enthusiasm, conveyed most strongly before formulas took shape and when there was more room for experimentation. This enthusiastic uncertainty often resulted in such accidental discoveries as new camera or editing techniques. Some films experimented with players; the 1915 film Regeneration, for example, by using real gangsters and streetwalkers, provided startling local colour. Other films, particularly those of Thomas Ince, provided tragic tragic endings as often as films by other companies supplied happy ones. Unfortunately, the vast majority of silent films survive today in inferior prints that no longer reflect that care the original technicians put into them. The modern versions of silent films may appear jerky and flickery, but the vast picture palaces did not attract four to six thousand people a night by giving them eyestrain. A silent film depends on its visuals, as soon as you degrade those, you lose elements that go far beyond the image on the surface. The acting in silents was often very subtle and very restrained, despite legends to the contrary. 11. Lines 13-15 (For.parts.) indicate that (a) Music was the most important element of silent films. (b) Silent films rely on a combination of music and image in affecting an audience. (c) The importance of music in silent film has been over estimated (d) Live music compensated for the poor quality of silent film images.
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12. The formulas mentioned in line 18 of the passage most probably refer to (a) Contemporary events (b) Use of real characters (c) Standardized film techniques (d) The fusion of disparate elements 13. The author uses the phrase enthusiastic uncertainty in line 20, suggests that the silent movie makers were (a) Excited to be experimenting in an undefined area (b) Eager to please but unsure of what the public wanted (c) Optimistic in spite of the obstacles that faced them (d) Eager to challenge existing conventions
14. The author of uses the phrase but the eyestrain (lines 32-34) in order to (a) Indicate his disgust with the incompetence of early film techniques (b) Suggests that audiences today perceive silent films incorrectly (c) Convey his regret about the decline of the old picture palaces (d) Highlight the pitfalls of the silent movie era 15. The last sentence of the passage implies that (a) The stars of silent movies have been criticized for overacting (b) Many silent film actors became legends in their own time (c) Silent film techniques should be studied by filmmakers today (d) Visual effects denied the silent film 16. The word restrained as used in the passage most nearly means (a) Sincere (b) Consistent (c) Understated (d) Inexpressive 17. The main aim of the author is to (a) (b) (c) (d) To prove that silent films were better than the contemporary cinema Elucidate the magic of silent films To show that the silent film era led to many new creations To clear the misconceptions about the silent films actors.
18. Which of the following sentences is not true about the passage? (a) In order to experience the magic of silent films, the audience had to be engaged. (b) Silent films, although entertaining used to prove a strain to eyes due to the low picture quality. (c) Silent films cannot be expected to recreate their magic due to lack of orchestra and a receptive audience. (d) The silent movie era was characterised by the enthusiasm which the film makers possessed. 19. The word receptive (line 7) in the above passage is most similar to (a) biased For more material and AimCLAT mock test series, log on to www.aimclat.com Page 4
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(b) acceptive (c) unswayable (d) obdurate 20. The word 'subtle'(in line 19) is most dissimilar to (a) harsh (b) ethereal (c) sophisticated (d) noisy Directions for questions 21-25: For the given questions, arrange the given sentences logically to form a cogent paragraph. Choose the most cogent option. 21. A. B. C. D. We shouldnt be harming other forms of life. I dont call myself an animal rights activist. Its regrettable that we were arrogant enough to think we could use Ive been involved in a dialogue with scientists. (a) CDBA (b) CABD (c) BDCA (d) BCAD 22. A. B. C. D. At this time The priority of individuals If they choose to lead a pleased wholesome life Health should be (a) ADBC (b) DABC (b) ACDB (d) DBAC 23. A. B. C. D. Where natural sustenance is scarce In order to secure adequate nutrition Communities in primitive areas Must be resourceful (a) BACD (b) ABCD (c) CDAB (d) CADB 24. A. The recent Anna campaign witnessed slogans like Anna is India, India is Anna. B. The predominance of an individual thought in disregard of minority ideas and plurality of opinions is an important characteristic of a dictatorial regime. C. Viewed in this light, the Anna campaign seems like a tyranny of idea.
animals.
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D. Anna Hazares version of the Lokpal Bill is one among the myriad versions which have emerged from the Lokpal debate. (a) ABCD (b) BACD (c) ABDC (d) BADC
25. A. Current estimates of the occurrence of exclusive homosexuality range from one to twenty percent of the population. B. While some societies accepted homosexual relations, others saw it as a sin, tried to repress it through law enforcement and judicial mechanisms, and even proscribed it under penalty of death. C. Yet, in many societies down the ages, homosexual behaviour has had to suffer the epithet unnatural. D. Elephants do it, penguins do it, even butterflies do it. Ancient Greeks practised it freely, as did ancient Indians. (a) BACD (b) BCAD (c) DACB (d) DBAC Directions for questions 26-30: Each of the given sentences is broken into different parts. Identify the part which has an error. Ignore errors of punctuation. 26. I request you/ kindly to/ come to me immediately.
a
(a) a (b) b (c) c (d) No error
27. I am/ too happy/ to see you/ after so many years.
(a) d (b) b (c) c (d) No error 28. I did Mandarin/ in school/ but I forgot/ most of it.
a
(a) a (b) b (c) c (d) No error.
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29. It is difficult/ to get along with/ her nonsense.
a
30. Alike other mammals/ the platypus lays/ eggs on the land.
a
Directions for questions 31-35: Fill in the blanks with the appropriate choice of prepositions: 31. The scheme appears worthless _____ the first blush. (a) on (b) at (c) in (d) after 32. The letter is meant to be read _____ the lines. (a) in (b) through (c) between (d) by 33. Seema said to Shyam, "I have a bone ____ pick up ____ you. (a) to, with (b) to, by (c) to, through (d) to, over 34. Rahul had made a great mistake in championing their cause, but, having done it, he stuck ____ his green. (a) by (b) off (c) to (d) at
35. The fate of the accused hangs _____the balance. (a) on (b) in (c) down (d) off.
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36. The jury is still out _____ the direction, along a forked road, Egypt's long revolution will inevitably take. a. b. c. d. On Of Along With
37. It is hard to overestimate how much is at stake _____ the world after the sudden death of Kim Jong Il. a. b. c. d. To For In By
38. The industrial production series is notoriously volatilemost economists admit to being baffled _____ its swings a. b. c. d. With Of By To
39. Such ideas appeared to have been killed _____ by the large eastward enlargement of the EU in 2004. a. b. c. d. Of Off On None of these
40. For their part, the insurgents often try to provoke incidents ______ launching attacks from positions near Pakistani troop positions. a. b. c. d. Through With Along By
GENERAL KNOWLEDGE/CURRENT AFFAIRS

41. In the Cricket World Cup 2011, this player had broken down the record of Australian Cricketer Mathew Hayden by scoring fastest fifty in a World Cup. Identify the Player. a. Sahid Afridi b. Kevin OBrien c. T. Dilshan d. Chris Gayle
42. According to the Forbes List of Billionaires 2011, which person has been ranked as the richest person in the world? a. Carlos Slim b. Bill Gates c. Warren Buffet d. Larry Ellison
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43. The Abel Prize is an international prize presented annually by the King of Norway to one or more outstanding mathematicians. 2011 Abel Prize has been awarded to which person? a. John Milnor b. John T. Tate c. Mikhail Gromov d. Jacques Tits
44. What is the venue of 35th National Games, 2012? a. Orissa b. Jharkhand c. Kerela d. Tamil Nadu
45. India became _____ Country in the world to win Cricket World Cup twice after defeating Sri Lanka during the Finals of World Cup 2011. a. 1st b. 2nd c. 3rd d. 4th
46. This Country has recently become the 1st European Country to enforce burqa ban. Identify the Country. a. England b. Germany c. Italy d. France
47. Identify the Indian State which has become the 1st State to implement National Rural Livelihood Mission earlier in the year 2011. a. Rajasthan b. Haryana c. Karnataka d. Orissa
48. This person has recently become the 1st woman to hold the post of Secretary-General of SAARC. Identify the woman. a. Tahrim Begam b Fathimath Dhiyana Saeed c. Haquina Syed d. Benzaaer Huq
49. The much hyped and controversial AADHAAR scheme to be implemented by Unique Identification Authority of India (UIDAI) will provide a _____ digit Unique Identity number to all Indians. a. 12 b. 14 c. 16 d. 18
50. This player has become the 1st Serbian to Wimbledon Mens Title in the year 2011. Identify the player. a. David Ferrer b. Mardy Fish c. Novak Djokovic d. Rafael Nadal
51. Earlier in 2011, a MiD-DAY journalist was shot dead for his alleged reporting in relation to Oil Mafia. He has also authored a book titled as Zero Dial: The Dangerous World of Informers. Who was this journalist? a. Sheela Masood b. Nadeem Sayeed c. Ashok Sodhi d. Jyotirmoy Dey
52. Who has been conferred with Jawaharlal Nehru Award for International Understanding 2009? a. Angela Merkel d. None of these 53. Indentify the name of the political leader who had been appointed as the Chairman of Public Accounts Committee earlier in the year 2011. a. Abhishek Manu Singhvi b. M.M. Joshi c. L.K. Advani d. Arun Jaitely b. Olafur Ragnar Grimsson c. Luiz Incio Lula da Silva
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54. What is the venue of the Nuclear Security Summit, 2012? a. U.S.A. b. Russia c. South Korea d. Australia
55. Which former Prime Minister of India has recently been honoured with Swadhinata Sanmanona, highest state honour of Bangladesh? a. Jawaharlal Nehru b. Indira Gandhi c. Rajiv Gandhi d. A.B. Bajpai
56. Identify the newest member state of the United Nations which received its membership in the year 2011. a. Switzerland b. East Timor b. Palestine d. South Sudan
57. What is the Prize Money of Rajiv Gandhi Khel Ranta Award? a. Rs. 750000 b. Rs. 100000 c. Rs. 250000 d. Rs. 500000
58. China has started issuing stapled visas to the residents of this Indian State earlier this year which led to several controversies. Identify the state. a. Arunachal Pradesh b. J & K c. Assom d. Meghalaya
59. Identify the planet of the Solar System which has completed its first ever revolution of the Sun in the year 2011. a. Jupiter b. Saturn c. Uranus d. Neptune
60. How many Indian companies have made the cut in the list of world's 500 largest companies compiled by Fortune magazine in the year 2011? a. 6 b. 8 c. 10 d. 12
61. International Cricket Council (ICC), in association with which Country has conducted first ever stimulated television umpire technology training course? a. India b. Australia c. Sri Lanka d. England
62. Who is the chief of Indian Air Force? a. N.A.K. Browne b. P.V. Naik c. V.K. Singh d. Nirmal Verma
63. Name the chairman of News Corporation, parent company of News International which had to close its tabloid News of the World earlier in the year 2011. a. James Murdoch b. Rupert Murdoch c. Rebekah Brooks d. Neil Wallis
64. Which is the biggest petroleum products retailer in India? a. Oil India Limited d. Indian Oil Corporation 65. Who is the Registrar General and Census Commissioner of India? a. D.K. Sikri b. J.K. Banthia c. C. Chandramouli d. A.R. Nanda b. Hindustan Petroleum c. Bharat Petroleum
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66. Who is the Director-General of Unique Identification Authority of India (UIDAI)? a. Nandan Nilkeni b. C. Chandrasekhar c. Ram Sevak Sharma d. N.K.Modi
67. Late in the year 2011, this Country has allowed an option of the transgender while acquiring visas. Identify the Country. a. Australia b. Germany c. France d. South Africa
68. Who was the winner of Hockey Champions Trophy 2011? a. Pakistan b. Australia c. Spain d. India
69. Which movie has won the Golden Lotus Award for Best Feature Film in the 58th National Film Awards? a. Baboo Band Baaja b. Aadukalam c. Dabangg d. Admanite Makan Abu
70. Who has recently been appointed as the 4th Woman Judge in the history of the Supreme Court of India? a. Justice Ranaja Desai d. Justice Geeta Mishra 71. Who is the Leader of the house in Lok Sabha? a. Sushma Swaraj b. Pranab Mukherjee c. Manmohan Singh d. Arun Jaitely b. Justice Ruma Paul c. Justice Gyan Sudha Mishra
72. Who has been appointed as the head of the committee looking into the safety aspects of the Mullaperiyar dam? a. Justice Krisha Iyer b. Justice C. Joseph c. Justice A.S. Anand d. Justice S.M. Srikrishna
73. Rio+20 to be held in Rio de Janerio, Brazil will mark 20th Anniversary of UNCED summit and 10th Anniversary of WSSD (World Summit on Sustainable Development, Johannesburg. When will Rio+20 take place? a. 2011 b. 2012 c. 2013 d. 2014
74. Who has recently become the 1st woman jawan in the history of Indian Army later in the year 2011? a. Shanti Tigga b. Jaideep Kaur c. Ista Dongre d. Neelam Sharma
75. Which Indian State has recently launched Indira Jala Prabha Programme, a programme to provide irrigation facility to the lands distributed to the poor from SC/ST community? a. Tamil Nadu b. Karnataka c. Kerela d. Andhra Pradesh
76. Who is related with Jan Chetna Yatra, a yatra to mobilise public opinion against Corruption and to put the agenda of good governance and clean politics? a. Narendra Modi b. L.K. Advani c. Nitin Gadkari d. Shivraj Singh Chauhan
77. Which is Indias largest Private Airline Carrier?
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a. Kingfisher
b. Spicejet
c. Jet Airways
d. Air India
78. What is Indias rank in Global Human Development Index 2011, which ranks countries on three key dimensions of health, education and income? a. 128 b. 132 c. 134 d. 143
79. Which country has recently emerged as the 2 nd biggest partner in collaborative research with India in the field of Science and Technology? a. U.S.A. b. England c. Russia d. Germany
80. Which Country will host 2016 Summer Olympics? a. Brazil b. England c. Greece d. China
81. Who is the Producer and Director of Dam 999 movie, which is said to have alleged link to Mullarperiyar Dam Issue. a. Prakash Jha b. Sohan Roy c. Madhur Bhandarkar d. None of these
82. Whose Pulitzer-winning biography of cancer, The Emperor of All Maladies , has won the 10,000 prestigious Guardian First Book award recently? a. Arvind Adiga b. Tushar Gandhi c. Siddhartha Mukherjee d. Amitav Ghosh
83. Lt. General who has recently been found guilty in relation to Sukhna Land Scam. Identify him. a. Awdaesh Prakash b. J.M. Arora c. N.K. Singhal d. Dinesh Lal
84. Which is the first feature film to carry health warning on every smoking scene? a. Dushasana b. 7th Scene c. Bezawada d. Godavari
85. Who is the National Security Adviser of India? a. M.K. Narayanan b. Shiv Shankar Menon c. Rajan Mathai d. None of these
86. Who is the present Union Minister for Rural Development? a. Jairam Ramesh b. Mukul Wasnik b. Prafull Patel d. Selja Kumari
87. Who is the present Chairperson of National Commission for Women? a. Girja Vyas b. Mamta Sharma c. Ranjana Tiwari d. Himani Das
88. Who is the present Chairman of Planning Commission of India a. Montek Singh Ahluwalia b. Kaushik Basu c. Amit Mitra d. None of these
89. Who is the Present Chairman of the Press Council of India? a. Justice M. Katju b. Justice B.S. Reddy c. Justice A. Pasayat d. Justice G.S. Singhvi
90. Who is the Present Director-General of the International Labour Organisation? a. Irinia Bokova b. Anthony Lake c. Juan Somavia d. Francis Gurry Page 12
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MATHEMATICS
91. A can build a skyscraper in 15 days and B can do the same in 10 days. With help of C, they did the job in 3 days only. Then, C alone can do the job in a. b. c. d. 5 6 5 6 days 3/4 days 1/2 days days
92. A helicopter can travel twice as fast as the train. Both start from point F at the same time and reach point H, which is 50 kms away from F, at the same time. On the way, however, the helicopter lost about 15 minutes while waiting for helipad clearance. Thus, the speed of the train is: a. b. c. d. 100 km 115 km 112.5 km 115.5 km
93. A card is drawn from a pack of cards. What is the probability that it is a card having the multiple of 3? a. b. c. d. 15/52 5/13 4/13 11/26
94. From a group of 6 Indians and 5 Americans, a human rights committee of 4 members is to be formed. In how many ways can this be done if the committee is to include at least one American? a. b. c. d. 320 315 340 305
95. A dishonest juice seller mixes 12 litres of pure juice and water in the ratio of 3:1 and sells it. How much water should he add to the whole mixture, to make the ratio 2:1? a. b. c. d. 2 litres 1.5 litres 2.5 litres 3 litres
96. Arvind starts a cocaine manufacturing business for 900 rupees. Vikas, seeing the amazing prospects of the business, becomes a partner by investing 600 rupees. At the end of the year, the illegal profits were distributed in the ratio of 8:4. When did Vikas join the cocaine business? a. b. c. d. 9 3 4 6 months months months months
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97. The profit on selling a diamond decreases by 20%. By how much percent does a diamond trader need to increase his sales volume, so as to make sure that his total revenue is not affected? a. b. c. d. 20 16 25 16 % 2/3 % % 3/4 %
98. Mohammad Assif gave 46 runs in his 19th inning and thereby decreasing his average by 5. What is his average after the 19th inning? a. b. c. d. 141 152 131 136 runs runs runs runs
99. The ratio of Salmans age to Padmasakshis age is 5:3. The product of their current ages is 375. What will be the ratio of their ages when they were married (which was 5 years before)? a. b. c. d. 2:1 3:2 5:3 4:3
100. Rakesh sells a Mercedes toy car to Ravi at a profit of 20%, who in turn sold it Sonu at a loss of 25%. Subsequently, Sonu sold the car to Rahul at a profit of 30%. If Rahul pays 585 for it, what was the cost price for Rakesh? a. b. c. d. 600 550 500 650
101. A man lends Rs.10,000 in four parts. If he gets 8% on Rs. 2000, 7.5% on Rs. 4000 and 8.5% on Rs. 1400, what per cent must he get for the remainder, if the average interest 8.13%? a. b. c. d. 8% 9% 10% 7%
102. A sum is invested at compound interest payable annually. The interest in two successive years was Rs. 225 and Rs. 250. Find the rate of interest. a. b. c. d. 11 1/9% 12% 11 1/3% 12 1/3%
103. Milk and water are mixed in a vessel A in the proportion 5:3 and in vessel B in the proportions 8:5. In what proportion should quantities be taken from the two vessels so as to form a mixture in which milk and water will be in the proportion of 3:4? For more material and AimCLAT mock test series, log on to www.aimclat.com Page 14
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a. b. c. d.
5:4 3:4 4:3 6:7
104. Two men undertake to do a piece of work for Rs. 1400. One alone can finish it in 4 days while the other can finish it alone in 6 days. With the assistance of another boy they finish it in 2 days. How should the money be divided? a. b. c. d. Rs. Rs. Rs. Rs. 600, 500, 600, 800, Rs. Rs. Rs. Rs. 400, 450, 300, 300, Rs. Rs. Rs. Rs. 400 450 500 300
105. A leak in the bottom of a tank empties the tank, when it is full, in 6 hrs. Now, an inlet pipe fills the tank at the rate of 4 litres per minute. When the tank is full and the inlet tap is open, the tank empties in 8 hrs. What is the capacity of the tank? a. b. c. d. 5560 5760 5340 5590 ltrs. ltrs. ltrs. ltrs.
106. A train overtakes two persons who are walking in the same direction, at speeds 2 kmph and 4 kmph respectively, in which the train in 9 seconds and 10 seconds respectively. What is the length of the train? a. b. c. d. 72 60 50 55 m. m. m. m.
107. The speed of the current of a stream is 4 km/hr. A boat covers 6 km upstream and 6 km downstream in 2 hrs. What is the speed of the boat in still water? a. b. c. d. 6 7 8 9 km/hr km/hr km/hr km/hr
108. If the difference between the Compound Interest and Simple Interest on a certain suj of money for 3 years at 5% per annum is Rs. 122. Find the sum. a. b. c. d. Rs. Rs. Rs. Rs. 16,000 16,500 16,300 16,400
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109. A bag contains one rupee, fifty paise and twenty-five paise coins and their numbers are in the following proportion 5:6:8. If the total amount in the bag is Rs. 210, then what will be the total no. coins? a. b. c. d. 399 499 299 199
110. If three coins are tossed once, then the probability of getting a head on the first coin is a. b. c. d. 1/8 1/4 3/8 1/2
LOGICAL REASONING
111. The recent incident of fire at the AMRI hospital, Kolkata is not unique in our country. The rate of such negligence has increased by 40 percent from last year. The fault lies entirely in our court system: Our judges' sentences have been so lenient recently, that the management can now do almost anything without fear of a long prison term. The argument above would be weakened if it were true that: a) 75 percent of the other countries have lower rates of negligence than ours. b) 30 percent of the CBI officials in the country have been laid off in the last year due to budget cuts. c) Polls suggest that nearly 50% of the population in our country oppose liability for medical negligence. d) 108 new judges have been hired in the last year to compensate for deaths and retirements.
112. Any serious policy discussion about acceptable levels of risk in connection with explosions is not well served if the participants fail to use the word explosion and use the phrase energetic disassembly instead. In fact, the word explosion elicits desirable reactions, such as a heightened level of attention, whereas the substitute phrase does not. Therefore, of the two terms, explosion is the one that should be used throughout discussions of this sort. Which of the following is an assumption on which the argument above depends? a) The phrase energetic disassembly has not so far been used as a substitute for the word explosion in the kind of discussion at issue. b) In the kind of discussion at issue, the advantages of desirable reactions to the term explosion outweigh the drawbacks, if any, arising from undesirable reactions to that term. c) The phrase energetic disassembly is not necessarily out of place in describing a controlled rather than an accidental explosion d) In any serious policy discussion, what is said by the participants is more important than how it is put into words.
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113. The new industrial monitoring program is needed to protect the quality of air for us and for our children. Industrial smoke is a leading contributor to coughing, choking, and pollution. The states long-term interests in the health of its citizens and in this area as a place to live, work, and conduct business depend on clean air. Which of the following is an unstated assumption made by the author? a) Our ancestors did not suffer from air pollution. b) The Minister believes that Indian companies are looking for business expansion. The state has been interested in the health of its citizens even before this inspection program was proposed. c) Industrial smoke contributes to pollution. d) The new inspection program will be effective. 114. Which of the following is the most logical completion of the passage below? In the year 1976, the introduction of Compact Discs (CDs) completely changed the way we store data. Instead of limiting ourselves to 2.88mb of data storage, one could opt for a gigantic 700mb of data storage. The floppy discs gradually disappeared from the marketplace. Nowadays, the DVDs, superior in storage and convenience has replaced the CDs and will . . . a) b) c) d) Increase the profits of the data storage industry. Drive the CDs from the second-hand market. Make the manufacture of floppies unnecessary. Encourage the growth of Blu-ray discs.
115. Rock music gives us a negativistic view of the world. It fosters the attitude that simply caters to our fancy, without caring of its consequences. The total lack of social responsibility conveyed by this kind of music will be definitely be the ruination of a generation of the Indian adolescents. Which of the statements below, if true, undermines the conclusions in the paragraph above? a. b. c. d. Rock music has hardly found an audience in our nation. Movies also convey an attitude which lacks social responsibility. Rock music has its origins in a critical stance towards our society. Censorship of an art form inevitably gives greater appeal to the message it presents.
116. A recent article noted that despite the government's warning about imported noodles from Japan, likely being contaminated due to the nuclear accident, and the its subsequent recall of a limited amount of imported noodles, 80% of grocery store shoppers surveyed said that they did not plan to change their purchasing habits for imported noodles. Nevertheless, roughly two months after the limited recall and one month after this article was published, the country's noodle importers (of Japan) reported that same-store sales to grocery store shoppers fell 75% year-over-year. Which of the following, if true, best explains the apparent paradox above? a. The initial survey of shoppers failed to consider the effect of subsequent cuts in the price of imported noodles.
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b. Fearing additional instances of contamination and subsequent lawsuits, many retailers that sold imported noodles removed the product voluntarily from their shelves. c. A report similar to the report that appeared in the leading newspaper appeared in one of the nation's tabloid magazines on the same day. d. Days before the newspaper conducted its survey; a widely-respected bacterial research specialist published an op-ed article in a major newspaper arguing that the threat from the nuclear accident was smaller than the government would later contend. 117. The Apple iPhone has changed the way we all interact with our mobile devices. Before, the mobile phone was only used to call someone and send text messages. The Apple iPhone allowed users to transform their handset into a pocket PC. The success of the Apple iPhone is caused by the fact that you can acquire third party programs and online games and now you can discover how to make a game for the iPhone. What is the underlying assumption in this passage? (a) (b) (c) (d) Apple iPhone is better than other phones in the market. The user wants to maximize the use of a communication device. Apple iPhone is successful because of many add-on apps. Mobile phones are getting advanced over time.
118. An herbal colon cleanse is definitely an alternative complimentary therapy that will help improve digestion, enhance energy, improve your gastrointestinal system and remove harmful toxins from the intestinal tract. Natural herbs utilized to make colon cleansing products possess laxative components and can help reduce inflammation. Plant based colon cleanse products are available over the counter without a dermatologist's prescription which contain many of the following ingredients. What is the underlying assumption in this passage? (a) (b) (c) (d) Herbal colon cleanse is better than other ways to improve your gastrointestinal system. An herbal colon cleanse is better than other means available in the market. The user wants to use plant based colon cleanse products. The user wants to get a remedy for the given problems which is easily available.
119. Maybe walking and chewing gum at the same time shouldn't be so tough after all. A joint study carried out by the University of Northumbria and the Cognitive Research Unit in England has found that the act of chewing gum improves short- and long-term memory by as much as 35 percent. Spearmint, cinnamon or bubble-gum flavor -- it doesn't matter. The key to better brain power is the repetitive chewing motion, according to the study, which was presented at the British Psychological Society's annual conference in Blackpool. Which of the following most seriously weakens the argument? (a) (b) (c) (d) The sales of chewing gum have gone down drastically over the last year. The percentage of the increase in memory as stated in the study is inaccurate. Several terminal diseases have known to occur by chewing gum. There are other ways to improve ones memory.
120. In the past, the economic impact of IT has been subject to much debate. The productivity paradox was first proposed by Steven Roach, the chief economist at Morgan Stanley, who found that BLS data on investments in computers had a clear negative rather than a positive impact on
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productivity gains in several major industries. Roach's paradox appeared to be valid because quite a few service industries had negative productivity gains between 1977 and 1984. Some tried to explain this paradox by noting that it was difficult for workers to adjust to computers. Others noted that few computer applications made significant improvements in the amount of work most workers could do. Still additional commentators felt that the paradox was a product of poor statistical measurement. Because this paradox was driven by the negative productivity results for several service industries, one approach was to see if the service productivity figures were accurate. One study, by Joel Popkin and Company for IBM,(1) found that the BLS productivity statistics Roach used for several service sectors had important shortcomings. Most importantly, the BLS productivity data relied on output measures that did not truly reflect the changes in the nature of work in some service industries. Which of the following is most similar to the above passage? (a) The Euro was launched to be a successful currency, but it failed. (b) Bata Lindica, despite being a hugely successful car is not a good car because it has a lot of manufacturing defects in it. (c) Ronaldinho is not as good as C. Ronaldo because some of his techniques are flawed. (d) Porsche is better than Mercedes, although Mercedes sells more than Porsche, because it makes more efficient and therefore faster cars.
For Questions 121- 125, please read the directions and then answer The following questions will have a statement followed by two arguments. Please follow the instructions stated thus Choose (a) if only argument (I) is applicable Choose (b) if only argument (II) is applicable Choose (c) if both the arguments are applicable Choose (d) if none of the arguments are applicable 121. All violators of laws should be sentenced to death. (I) Yes, since they are violators of laws they should be given death penalty. (II) No, nobody has the right to take anyones life. 122. India should make amends with Pakistan. (I) Yes, it is in the best interests of both the countries that peace should prevail between them. (II) No, Pakistan should not be given a chance for what it has done to India in the past. 123. Sex education should be introduced to schools in India. (I) Yes, it is important that the children know about sex and its hazards. (II) No, our society is not open to sex education being taught to children at the moment. 124. Telephone lines, even personal ones, should be tapped. (I) Yes, it will help curb terrorism. (II) No, it will be a tremendous intrusion into everyones privacy. 125. The age bar for adult films should be reduced to 16. (I) Yes, children today are already exposed to such content at 16. (II) Yes, many children under 18 manage to slip through the scanning procedure and watch the adult movies.
The following questions will have a statement followed by two assumptions. Please follow the instructions stated thus Choose (a) if only assumption (I) is implicit Choose (b) if only assumption (II) is implicit For more material and AimCLAT mock test series, log on to www.aimclat.com Page 19
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Choose (c) if both the assumptions are implicit Choose (d) if none of the assumptions are implicit 126. Standard Chartless Bank has slashed its loan interest rates by half a per cent. (I) It will attract more customers. (II) The bank will stay ahead of its competitors. 127. The Government, by legislation, has set the age of getting married for both boys and girls at 21. (I) The Govt. wants to eradicate the plague of child marriage from the face of this country. (II) People would abide by the new legislation. 128. We should give money to beggars. (I) It will help them enjoy luxuries like liquor. (II) It will quell their miseries. 129. Badhiya Housing Society has put a sign at the main gate barring salespersons from entering the complex. (I) All the salespersons will stay away from Badhiya Housing Society. (II) The security guards at the gate may be able to stop the salespersons from entering the society. 130. The Govt. should provide benefits to people setting up educational institutions. (I) The Govt. wants a larger number of educational institutions. (II) The Govt. finds the current no.of educational institutions unsatisfactory.
The following questions will have a statement followed by two reasons. Please follow the instructions stated thus Choose (a) if only reason (I) is applicable Choose (b) if only reason (II) is applicable Choose (c) if both the reasons are applicable Choose (d) if none of the reasons are applicable 131. The current Govt. is very inefficient. (I) Most of the ministers are involved in corruption. (II) There is no hope of improvement looking at the current state of affairs. 132. Google Maps should be banned. (I) Terrorists may use it thereby making it a threat to national security. (II) It compromises the privacy of individuals. 133. The Govt. should subsidise fuel. (I) Fuel prices have reached intolerably high levels. (II) The Govt. should think about the people and their financial difficulties. 134. Right to Die should not be a Fundamental Right. (I) Nobody has the right to take ones own life. (II) The Govt. should dissuade people from taking their own lives. 135. The Govt. should make primary education free of cost. (I) Yes, it is essential to increase the literacy rate of India. (II) No, it will put a huge burden on the state exchequer.
The following questions will have a statement/statements followed by four options. Please choose the correct conclusion of the statements given
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136. All National Law Schoolites have attitudes. No IITian is a National Law Schoolite. a. b. c. d. No IITian has attitude Some IITians do not have attitude All IITians have attitudes None of these
137. All CLAT aspirants are studs. Some studs are prodigies. a. b. c. d. Some prodigies are CLAT aspirants No prodigy is a CLAT aspirant. Either (a) or (b) None of these
138. All Gooners are awesome people. Some Noojies are not Goooners. a. b. c. d. All awesome people are Noojies Some Noojies are not awesome people. Either (a) or (b) None of the above.
139. All Liberals are Democrats. All Liberals are Anarchists. a. b. c. d. All Anarchists are Democrats. Some Anarchists are Democrats. Both (a) and (b) None of the above
140. Every Rhodes Scholar is hard-working. Every hard working person is dedicated. a. b. c. d. Every Rhodes scholar is dedicated Some dedicated people are hardworking Both (a) and (b) None of the above
Solve Questions 141-145 on the basis of Facts, Arrangements and Situations provided below Preksha, Quimini, Rahul, Shrey, Tanvi and Urvi are the members of a family. They have the following professions archaeologist, analyst, freelancer, lawyer, assistant and soldier, not necessarily in order. Answer the following questions with the help of the given clues: i. ii. iii. iv. Preksha and Shrey is a married couple. Quimini is the mother of Urvi and Tanvi. The soldier is the father of the Urvis dad. Urvi is an analyst. There are two happily web couples in the family.
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v.
Rahul, the lawyer is married to the freelancer.
141. How many female members are there in the family a. b. c. d. Three Four Cant be determined Two
142. What is the profession of Tanvi? a. b. c. d. Archaeologist Freelancer Assistant Soldier
143. Which one of the following are the other happily wed couples apart from Preksha and Shrey? a. b. c. d. Tanvi and Rahul Urvi and Tanvi Quimini and Urvi Rahul and Quimini
144. How is Preksha related to Tanvi? a. b. c. d. Grandfather Brother Sister Cant be determined
145. What is the profession of Preksha? a. b. c. d. Archaeologist Freelancer Assistant Soldier
Solve Questions 146-150 on the basis of Facts, Arrangements and Situations provided below. Nine individuals A, B, C, D, E, F, G, H and I - are the only ones eligible to be a part of the three defence areas-- Army, Navy and Air force. Each candidate should serve on exactly one of the defence areas. i. ii. iii. iv. v. It is possible that there are no members in the Air force. The Army should consist of exactly one member more than the Navy. A, B and C cannot serve in the Army. D, E and F cannot serve in the Navy. G, H and I cannot serve in the Air force.
146. If A and G are the individuals are serving in the Navy, how many should serve in the Air force? a) 3 b) 4
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c) 5 d) 6 147. Of the nine individuals, the largest number of individuals which can serve together in the Army is? a) b) c) d) 9 8 7 6
148. If I is the only individual serving in the Navy, which among the following should serve in the Army? a) b) c) d) D and H G and H E and G F and H
149. In case any of the nine individuals serves in the Air force, which among the following should be the candidate to serve in the Army? a) b) c) d) A B D G
150. In case G, H and C are the only individuals serving in the Navy, the people serving in the Air force should be: a) b) c) d) A A B B and and and and B D E F
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LEGAL REASONING
Solve Questions 151-155 in accordance with the Principles and Facts provided below Principle 1: Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State. Principle 2: No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation. Principle 3: Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. Facts: Union of IMS (UOI) was facing severe financial crisis which led to depreciation of its national currency. To overcome this crisis, UOI enacted a statute, SA-1, imposing tax on its citizens staying outside UOI. In the meantime, UOI singed an International agreement with another country, State of Lopez (SOL), for the imposition of the internet service tax on the services provided by the commercial sites in its territory. Consequently, UOI enacted a statute, SA-2, thereby imposing internet service tax on its resident. M.S. Stuart, a resident of Australia and owner of one such commercial site operating in UOI challenged validity of the statue, SA-2. Meanwhile, J.N. Salve, a citizen of UOI doing business in England, challenged the validity of the statute SA-1, on the ground that it has extra-territorial operations. Hosala Pradesh (HP), a state within the territory of UOI, enacted a statute (SA-3) for the state, implementing the International Agreement of UOI and SOL. UOI challenged the validity of SA-3 on the ground that HP is not competent to enact such a statue. HP resisted the same stating that it can enact legislations for the state, and it also challenged the competency of UOI for enacting a statue of the state. SASHA, an UOI based NGO, challenged the validity of the International Agreement on the ground that United Nation has not recognised the existence of SOL as a country, hence no agreement can be made with it. All of them approached you for their respective cases. Decide. 151. Whether UOI was justified in enacting SA-1, and whether J.N. Salve will succeed? a. J.N. Salve will succeed since UOI is not competent to enact tax statue for its citizens staying outside its territory. b. J.N. will not succeed since no law made by UOI can be invalidated on the ground that it has extra-territorial operations. c. J.N. will succeed since UOI has enacted the statute in public interest as it had been facing economic crisis. d. J.N. will not succeed since UOI can make laws for its residents outside its territory.
152. Whether M.S. Stuart will succeed in his suit against UOI challenging the validity of SA-2? a. M.S. will not succeed since UOI can make laws imposing such tax on commercial sites. b. M.S. will succeed since UOI cannot make laws imposing tax on commercial sites based outside India. c. M.S. will not succeed since UOI is empowered to make laws for its territory. d. M.S. will succeed since it would be arbitrary for him tax both in Australia and India.
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153. Decide whether UOI will succeed in its claim against Hosala Pradesh. a. UOI will not succeed since HP was competent to enact laws for its territory, and the same cannot be challenged. b. UOI will succeed since HP was not competent to enact laws in relation to International Agreements. c. HP, though not competent to enact laws in relation to International Agreements, can enact it for its territory with some modifications. d. UOI will succeed since HP exceeded its power to enact legislations.
154. Decide whether HP will succeed in challenging the competency of UOI with respect to its power. a. HP will not succeed since UOI is empowered to enact such legislations with respect to International Agreements. b. HP will succeed since UOI, though competent to enact legislations with respect to International agreements, is bound to take the consent of the state legislature. c. HP will not succeed since UOI does not require consent of the state for legislations with respect to International Agreements. d. HP will succeed since UOI has surpassed its power by covering the state of HP.
155. Will SHASHA succeed in its claim against UOI challenging the validity of the International Agreement with SOL? a. It will succeed since no international agreement can be made with a country not recognised by the United Nations. b. It will not succeed since International Agreements are not subjected to the approval of United Nations. c. It will succeed since a valid International can be made only with a recognised country. d. None of these.
Solve Questions 156-160 in accordance with the Principles and Facts provided below Principle 1: When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. Principle 2: culpable homicide is murder if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused. Principle 3: Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, be punished with the punishment provided for the offence. Principle 4: Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person. Facts: In order to procure jobs in a reputed Telecom Company, five friends A, B, C, D and E planned to threat its owner, X. One day, while X was returning to his home from the office, he met A who pretended himself to be a Police Officer. A asked X to accompany him, and X did accordingly. Both of them reach an isolated house where B, C, D and E were already present. All of them threatened X for providing jobs; else they would harm his family members.
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X did not agree, and denied to provide them jobs. Consequently, B and C brought out some thick iron rods and, threatened X that they would hit him with the rods if he does not agree. On denial from X yet again, D took the rod from B and hit on Xs stomach, which injured him. On the other hand, E took the rod from C and hit on Xs head intensely, as a consequence of which X died. Soon after the incident, Police arrived at the spot and registered several cases against all of them. They were charged with the offence of Abduction, Abetment, and Murder Jointly. All of them approached you for legal opinion. Decide. 156. Decide whether D and E can be held liable for the offence of Murder. a. No, they cannot be held liable since they did not intended to kill A, and intention is the most essential ingredient in Criminal Law. b. Yes, they can be held liable since they injured X in such a manner that it led to Xs death. c. No, they cannot be held liable since they such an injury was not substantial to cause the death. d. Only E can be held liable.
157. Can B and C be held liable for abetting D and E for their acts, which turned out to be the primary reason of Xs death? a. b. c. d. No, they cannot be held liable since they did not abet D and E in furtherance of the act. Yes, they can be held liable since they abetted D and E. No, they cannot be held liable since the death was not the consequence of abetment. Yes, they can be held liable since they brought out the iron rods, which acted deadly for X.
158. Whether the accused persons can be charged with the offence of abducting X? a. All of them can be held liable for abducting X since it was their common intentions to threat X in order to procure jobs. b. Only A can be held liable since he pretended to be a police officer and induced X with a deceitful means. c. They are jointly liable for the abducting X, and no single person can be held liable alone. d. None of these.
159. Suppose both D and E hit X on his head hardly, but it was Es hit which caused Xs death, then who can be held liable? a. Only E can be held liable since it was his act which resulted into the death of X. b. Only E can be held liable since it primary cause of the death always receive utmost importance in Criminal Law. c. Both of them will be held liable for since both of them acted jointly. d. Both of them will be liable since both of them caused injury which is likely to cause death.
160. Suppose A did not act as an inspector, but as an unemployed person, and genuinely requested X to come along with him. Canthen A/others will be liable for abduction? a. No, he/they cannot be held liable since he/they did not anything to induce X. b. Yes, he/they can be held liable since A requested X to come along with him. For more material and AimCLAT mock test series, log on to www.aimclat.com Page 26
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c. They can still be held liable for abduction. d. None of these. Solve Questions 161-165 in accordance with the Principles and Facts provided below Principle 1: When two or more persons agree to do, or cause to be done an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy. Principle 2: Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years. Principle 3: Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property is said to "cheat". Such a person can be made liable for Cheating. Facts: Mr. A., Director of Bhogal Olympic Association (BOA), was in charge of conducting CommonLack Games to be held in the Union of Bhogal (UOB). In pursuance of this, Mr. A entered into an agreement with Mr. B, Chairman of B.S. Constructions, for the construction of a Hockey Stadium. Both of them agreed at a price which was higher than of market price. The price was also approved by the Union Finance Minister, Mr. X, which was a mandatory requirement. In the meantime, Mr. A ordered some Chairs to be fitted into the stadium from Mr. C, a Chair dealer. Mr. C was told by Mr. A to deliver chairs to Mr. D, supervisor of the stadium, and Mr. C did accordingly. Later on, Mr. C found that chairs were missing, and also found that Mr. D was not the supervisor of the stadium, but a worker at the stadium and Mr. As aide. Consequently, Mr. C filed a suit against Mr. A for cheating and Mr. D for stealing respectively. The suit was resisted by Mr. D on the ground that he was just following instructions. Meanwhile, UOB found the irregularities in the construction of the stadium which caused huge losses, and it filed a suit against Mr. A along with its Mr.B for criminal conspiracy. While proceedings were under way, Mr. A demanded that Mr. X should also be made an accused since the agreement of construction was approved by the Ministry. All of them approached you for legal opinion for their respective cases. Decide. 161. Will Mr. C succeed in his suit against Mr. A for cheating? a. Yes, Mr. A can be held liable since he intended to gain personal benefit by inducing Mr. C. b. No, Mr. A cannot be held liable since he did not act fraudulently with Mr. C. c. Yes, Mr. A can be held liable since he acted dishonestly by informing Mr. C that Mr. D is the supervisor of the stadium. d. No, Mr. A cannot be held liable since Mr. D was a worker at the stadium. 162. Will Mr. C succeed in his claim against Mr. D for stealing? a. No, Mr. D cannot be held liable since he was just following the instructions, and was not acting on his own. b. Yes, Mr. D can be held liable since he intended to keep the chairs which he knew, he was not authorised to keep. c. Yes, Mr. D can be held liable since it was his responsibility to act in a reasonable manner by informing the stadium supervisor. d. No, Mr. D cannot be held liable since the chairs were not stolen property.
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163. Will UOB succeed in its suit against Mr. B and Mr. A for Criminal Conspiracy? a. It will not succeed in its claim against since Mr. A was authorised to enter into an agreement with Mr. B for the construction of the stadium. b. It will succeed since both of them entered into an agreement thereby keeping the price above the market price. c. Only Mr. A can be held liable, and not Mr. B since agreement was the initiation of Mr. A. d. Only Mr. B can be held liable, and not Mr. A since Mr. B informed the price to Mr. A. 164. Will Mr. A succeed in the inclusion of Mr. X in the proceedings? a. Yes, he will succeed since it was Mr. X who approved the agreement between Mr. A and Mr. C b. No, he will not succeed since Mr. X was not a part of the Agreement of Criminal Conspiracy. c. Yes, he will succeed since Mr. X should have looked into the agreement carefully. d. No, he will not succeed since the agreement was approved by the Union Finance Ministry, and not by Mr. X in particular. 165. Can Mr. B be held liable for Criminal Conspiracy? a. b. c. d. Yes, he alone will be liable. No, he cannot be held liable. Yes, he can be held liable along with Mr. A. None of these.
166. Principle: Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished. Facts: A, a resident of Janipura, owned a shop in the middle of Janipura market. One day, Janipura market had to face several riots, which were followed by a number of rallies, unlawful assemblies in the market area. Seeing the police force coming, B, a member of one such unlawful assembly requested A for shelter in his shop. A provided shelter to B. Now, A is charged for harbouring B. Decide whether A will be liable or not. a. No, A will not be liable since he did not commit any offence by harbouring B. b. Yes, A will be liable since he harboured B who was a part of an unlawful assembly. c. No, A will not be liable since he was not aware of the fact that B was a part of an unlawful assembly. d. Yes, A will be liable since he has committed an offence. 167. Principle: Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property. Explanation. --It is question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm. Facts: A, B, C, and D once went to forest for a picnic. While they were on the picnic spot, they decided to go into the core area, where wild animals lived. Suddenly they came across a Lion. In order to save their lives, B, C, and D decided to push A towards the Lion. They did accordingly as a For more material and AimCLAT mock test series, log on to www.aimclat.com Page 28
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consequence of which A died. Now, they are arrested for their acts. Decide whether B, C and D will be able to defend themselves. a. They will not be liable since there was a necessity, and the same can be taken as a valid defence. b. They will be liable since their acts were not reasonable. c. They will not be liable since they were preventing a greater harm. d. They will be liable since they should not have pushed A towards the Lion. 168. Principle: No person shall be chargeable with any rents or profits of any immoveable property, which he has in good faith paid or delivered to any person of whom he in good faith held such property, notwithstanding it may afterwards appear that the person to whom such payment or delivery was made had no right to receive such rents or profits.. Facts: Rohan hired a car from Balwant, owner of a travel agency, for a period of 6 months. After two months, Balwant sold his travel agency to Sukhbir. Unaware of this fact, Rohan kept on delivering the amount of vehicle hiring to Balwant. When Sukbhir came to know this fact, he sues Rohan for recovering the damages so caused to the travel agency. Decide whether Rohan can be held liable or not? a. Rohan will not be liable since he was not obliged to pay the amount to Sukhbir. b. Rohan will be liable since Sukbhir purchased the travel agency, and Sukhbir has a right against Rohan. c. Rohan will be liable since he should have been careful while giving the amount to Balwant. d. Rohan will not be liable since he was not aware that Travel Agency has been sold to Sukhbir. 169. Principle: Where the terms of a transfer of property impose a condition to be fulfilled before a person can take an interest in the property, the condition shall be deemed to have been fulfilled if it has been substantially complied with. Facts: Mr.X, owner of a lavish house, created an interest in favour of Mr. Y on a condition that Y will marry A, Xs daughter with the consent of B, C and D. A agreed, and sought the permission of B and C for the marriage. B and C consented and A married accordingly. Now D, Mr. Xs wife, challenges the validity of the marriage. a. Marriage is invalid since no condition can be made with respect to marriage, and the same is unlawful. b. Marriage is invalid since A has not fulfilled the condition. c. Marriage is valid since A has fulfilled the condition considerably. d. Marriage is valid since Mr. X did not specify that the condition has to be fulfilled entirely.
170. Principle: Every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner. Facts: A and B started a partnership firm for providing vehicle repairing service. C approached the firm for getting his car repaired, and noticed that only B was present in the firm. C informed the problem, and B started repairing the car. While B was repairing, he filled petrol instead of oil in the oil tank. As a consequence of this, a small blast came off and caused injury to the car. Now, C sued both A and B for the damage so caused. Decide. a. A will be liable along with B since B was authorised to carry out the work for the firm. For more material and AimCLAT mock test series, log on to www.aimclat.com Page 29
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b. A will not be liable since A had not authorised B to do something which is not benefit for the firm. c. A will not be liable since it was fault on Bs part, and for that only B can be held liable. d. A will be liable since it was negligence on his part that he was not present in the firm when C came.
171. Principle: Rule of caution requires that when the driver is faced with a situation of having option of saving either human being or the livestock, he is required to take caution for saving the human being. Facts: A, a bus driver, was once driving a bus from Jodhpur to Bhopal. On the way to Bhopal, A met with a herd of sheep along with a farmer handling them. The bus was on an inordinate speed at that time. In order to save farmer, driver hit the herd of sheep. Unexpectedly, farmer came between the bus and the herd while saving sheep, and died. Now, A was made liable for death of the farmer. a. Driver is liable since it was responsibility on his part to save the life of the farmer, which he was not able to do. b. Driver will be liable since because of his negligence Farmer died. c. Driver will not be liable since he tried to save the life of the farmer reasonably. d. Driver will not be liable since farmer himself came in between herd and the bus.
172. Principle: When an insured vehicle causes an accident, the insurance company is liable to pay compensation to the third party. Facts: X, a 16 year old boy, was driving a car which belonged to Y. Y had got his car insured by Insurance Company, JK. X, while driving the car, unexpectedly met with an accident. Because of the accident, he was severely injured and suffered from some serious injuries. X now demands compensation from the Insurance Company. Insurance company denied their liability since A was not legally competent to drive. Decide. a. Insurance Company will not be liable since X was not competent to drive the car, and hence fault was on his part. b. Insurance Company will be liable to pay the compensation since the vehicle was insured. c. Insurance Company will not be liable since it was not obliged to pay compensation for the wrong done by others. d. Insurance Company will be liable since it was obliged to pay the compensation to X.
Solve Questions 173-174 on the basis of the principle given below Principle: A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. 173. Facts: A was living a posh area of Faridabad. There was a public drain managed by the Municipality Corporation located on the back side of his house which always created problem because of the unpleasant smell. One day, A filled the drain up with soil so that smell can be reduced, but the same caused inconvenience to other persons since they were not able use the drain. Now, the Municipality Corporation sues A. Decide.
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a. A will not be liable since it was preventing the smell which was causing discomfort to him. b. A will be liable for his acts since he obstructed the usage of drain, and hence caused public nuisance. c. A will not be liable since putting soil over the drain to prevent smell was a reasonable act. d. A will be liable since the drain was a public property, and he could not put soil over it unilaterally. 174. Facts: A owned a meat shop in Samant Vihar Area. The area was known for a few temples of Hindus. While going to the temples, various people had to see the meat shop owned by A. They objected to the same, and it was uneasy for them to worship in the temple. But, A rejected to shift the shop. Eventually, B, a Hindu filed a suit against A for causing public nuisance. a. A is liable for public nuisance since he has caused discomfort to the public near his shop. b. A is liable since he should have shifted his meat shop to another location so as not to cause public nuisance. c. A will not be liable since meat shop was the source of his livelihood, and his profession too. d. A will not be liable since his act cannot amount to public nuisance.
175. Principle: Any person using force to obtain the consent of the other party, to a contract causes coercion. If coercion is caused in a contract, the party against whom the coercion is committed may terminate the contract. Facts: A, a student of a National Law University, was asked by his professor, B, to enter into a contract with him so that A will complete his assignments on time. In case of failure in complying with the contract, B will not allow A to sit in the class. A agreed to the contract because of Bs fear. Later, A decided to rescind the contract. Decide whether A would be able to rescind the contract or not. a. A can rescind the contract since the same was entered into under coercion, and A is not bound to comply with the same. b. A cannot rescind the contract since there was no coercion on the part of the professor. c. A is expected to complete his assignments and any contract made in this regard cannot be considered as invalid. d. A can rescind the contract since a professor cannot bound him to complete his assignments forcibly.
176. Principle: Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. Facts: X, an associate at a Law Firm, was carrying some files while going to his office. On the way to his office, he came across a police officer,Y, who suspected A of carrying something questionable. When Y asked X to show the files which he had, X denied co-operating with Y. Instead, they had a scuffle. Y arrested X, but was later released. Now X sues Y for his unwarranted arrest. Decide whether Y will be liable or not. a. X will not succeed in his suit since Y was acting in good faith, and for the same he cannot be made liable. b. X will succeed in his suit since X was not bound to show the documents to Y. c. X will succeed since the acts on the part of Y were not reasonable and, they were unjustified in nature. For more material and AimCLAT mock test series, log on to www.aimclat.com Page 31
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d. X will not succeed since it was his responsibility to co-operate with X. 177. Principle: The making of a representation which a party knows to be untrue, and which is intended, or is calculated, to induce another to act on the faith of it, so that he may incur damage, is fraud in law. Facts: A wanted to purchase a motorbike. In pursuance of this, A approached B. B showed A his motorbike. A, considering it be to be a good bike with excellent average, agreed to purchase it. B was aware of the fact that the average of the bike was not good. Later, A discovered that the average of the bike was very poor. Now A wants to recover damages from B. Decide whether A will succeed in his claim or not? a. A will succeed since it was a responsibility on the part of B to disclose the fact that the average of bike is not good. b. A will succeed since there was a fraud on the part of B. c. A will not succeed since B did not act in manner which can be considered as fraud, and hence cannot be held liable. d. A will not succeed since it was As responsibility to enquire B about the motorbike.
178. Principle: False imprisonment is a restraint of a person in a bounded area without justification or consent. Facts: A, an employee of Xs Company, was once made accused of fraud with the accounts of the company. For the purpose of interrogation, A was asked by Z, an inspector, to wait in his chamber unless he arrives. A did accordingly, but Z did not come for a substantial period of time. When Z arrived, A complied of this to Z but the latter ignored him. Now A files a suit against Z for false imprisonment. a. Z will not be liable for false imprisonment since he did not stop A from leaving his chamber. b. Z will not be liable since A was free to move away from the office and was not restrained by anyone from doing so. c. Z will be liable since he restrained A by asking him to wait in his chamber. d. None of these. 179. Principle: The defence of necessity recognises that there may be situations of such overwhelming urgency that a person must be allowed to respond by breaking the law. But it must be reasonable. Facts: Arun, a farmer, had an enmity towards Girish, another farmer. Both of them owned farming lands adjacent to each other. On one occasion, haystack on Aruns farm caught fire. Seeing this, Girish bought water tank, but Arun told him clearly not to enter his farm land. Ignoring Arun, Girish entered the farm and stopped the fire. Now, Arun sues Girish for illegally entering to his farm land. Decide. a. Girish will be liable since he entered into the farm land of Arun without his consent. b. Girish will not be liable since he entered into the farm land so as to stop the fire, and hence preventing a greater harm. c. Girish will be liable since it was not an obligation on his part to stop the fire, and hence cannot defend himself. d. Girish will not be liable since he was acting in good faith.
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180. Principle: Trade, commerce and intercourse throughout the territory of India shall be free. Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest. Facts: Assom, a North-Eastern State of India, was known of its tea production than any other state. Once, the price of tea reached unpredicted high price. In order to deal with the situation, Union Parliament enacted a legislation whereby imposing high tax on the inter-state trade of tea outside Assom. Mr A, a tea producer, challenged the legislation on the ground that it infringes his right of free trade and commerce. Decide. a. Mr. A will succeed since the legislation made by the Parliament discriminates the rights of other states. b. Mr. A will not succeed since the legislation was enacted in order to protect the interest of the people of Assom. c. Mr. A will succeed since the legislation was not in public interest since it increases the trading cost. d. Mr. A will not succeed since Parliament is competent to enact any such legislation. Solve Questions 181-182 on the Basis of Principle and Facts given below Principle: Sovereign functions are such functions which can only be discharged by the State ie these functions cannot be delegated. If the employees of the State are negligent during the discharge of these functions, the state cannot be held vicariously liable in tort. 181. Facts: Lovely Shah was a merchant who dealt in gold and silver. He was arrested by the police of Wongmingland and was detained in the police lock up. His belongings were confiscated. According to the rules, the confiscated items were being transferred to the State Treasury. On the way, while other constables were sleeping, Head Constable Nasser Ali fled with the gold. Later he crossed the border and escaped to the neighboring state of Carpland. The police were unable to trace his whereabouts despite their best efforts. Meanwhile Lovely Shah was set free. His belongings, other than the gold were returned to him. He subsequently sues the State of Wongmingland for being vicariously liable for the negligence of its employees. a. Lovely succeeded because the servants of the State were negligent and thus caused injury. b. Lovely failed because the Constable who seized the gold had fled to Pakistan and the gold was not with the State at all. c. Lovely failed because the acts of seizure and transfer of such seized goods by the Police are part of the sovereign function of the State. d. Lovely failed because there was no negligence.
182. Supposing, the police had kept the confiscated goods at the police station itself and made had made no attempts to transfer the same. If during this time, the Head Constable flees with the gold, what will the court hold? a. Lovely will succeed because while seizure is a sovereign function, the retaining of the same in the police station is not. b. Lovely will succeed because there was negligence. c. Lovely will fail because all acts by the police force may be termed as sovereign functions d. None of the above.
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Solve Questions 183-184 on the basis of Principle and Facts given below Principle: Sovereign functions are such functions which can only be discharged by the State ie authority for these functions cannot be delegated. If the employees of the State are negligent during the discharge of these functions, the state cannot be held vicariously liable in tort. 183. Facts: Brojonath was a driver for the State government. His job was to primarily drive the car of the chief minister of Bongopradesh. One day while he was driving down the highway (where pedestrians are not allowed) he ran over a young law student named Stray29 who studied in the prestigious Beleghata Law School nearby. It is relevant to note that Brojonath was taking the chief minister's car for repairs to a friend's garage,since it had broken down earlier in the day. Also, there was a garage much closer to chief minister's residence which Brojonath knew about. Stray29's mother (who was a Dependant of the deceased) sued the State of Bongopradesh for being vicariously liable for the negligence of its employees. a. The State is not liable because taking the car for repairs is a sovereign function b. The State is not liable because Stray29 himself was doing something illegal. c. The State is liable because the fact that Brojonath was driving to his friend's garage show that he had some other motives than just to repair the car. d. The State is liable because repairing the car does not need delegation of authority; hence non- sovereign function. 184. Suppose Brojonath had been driving to the Chief minister's house to pick him up when he ran over Stray29. What will be the verdict of the court in this case? a. This is clearly sovereign function and hence the State wont be liable. b. This is sovereign function because authority for driving the chief minister's car for the purpose it is designated is sovereign function and the State is not liable. c. The State is liable because the Chief minister was not in the car at that time of the accident and so is a non-sovereign function. d. None of the above.
Solve Questions 185-186 on the basis of Principle and Facts given below Principle: The master is vicariously liable for all actions of his servant done in the course of his employment. 185. Facts: Mohan M. was a driver who worked for Buban G. Buban G ran an organization which provided a driver-for-hire service. He had many other drivers like Mohan under his wing. Buban G suffered from a rare and incurable disease by which he couldnt stand the sight of pink cars. Hence, he issued a standing order by which he expressly forbade his drivers in no uncertain terms that they would not drive pink cars under any circumstances. Mohan M took to the wheel of a pink sedan one evening since he had no other assignment because of the economic downturn. As luck would have it he crashed in the premises of 'Come Hither' nightclub. The owners of the nightclub sue Buban G. for being vicariously liable for the negligence of his driver. The court will--a. Hold that Buban G. is not liable because he had expressely forbidden his drivers. b. Hold that Buban G. is not liable because Mohan M. was acting beyond his course of employment. c. Hold that Buban G. is liable because Mohan M was acting within his course of employment. d. Both (a) and (b) are correct.
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186 Assume that the organization that was run by Buban G. only catered to those who used hatchbacks. Also assume that all the other facts remain identical. What will be the decision of the court? a. Hold that Buban G. is not liable because he had expressely forbidden his drivers. b. Hold that Buban G. is not liable because Mohan M. was acting beyond his course of employment. c. Hold that Buban G. is liable because Mohan M was acting within his course of employment. d. Both (a) and (b) are correct. Solve Questions 187-188 on the basis of Principle and Facts given below Principle: He, whose reputation is injured by the publication of another, may sue the other for the tort of defamation. The sub principles are a. The statement must be defamatory b. The statement must refer to the plaintiff. c. The statement must be published. 187. Facts: LostLove36 was a student of NLU-X who suffered from occasional bouts of lucid dreaming( ie. He could not distinguish between dreams and reality) . In his imagination(or dreams) he was having a full blown affair with one of his batch mates in NLU-X called Miss Prim-and-Proper. This person did not have any resemblance to any one in NLU-X or did the name of the person carry any resemblance to the said batch of NLU-X. One day he wrote a long status update on Facebook describing one such escapade with Miss Prim-and-Proper. Unknown to him, there was a Miss Primand-Proper who was a student of the neighbouring law school of TLS. Miss Prim-and-Proper's friends came to know of the said status update and assumed the truth of LostLove36's words. Miss Prim-andProper sues LostLove36 for defamation. Decide in whose favour the court will decide: a. LostLove36 is liable because Miss Prim-and-Proper's friends assumed that the statement refereed to her. b. LostLove36 is liable because the statement is defamatory in nature. c. LostLove36 is not liable because he did not intend it to refer to the plaintiff. d. LostLove36 is not liable because this did not amount to publication. 188. Facts: LostLove36 was a student of NLU-X. He was in a relationship with Miss Desperation who was also a student of NLU-X. He used to write long and cheesy love letters to his girlfriend referring to her by name many a time. One day while enjoying hot cheese noodles near the campus of TLS( another nearby law school), one such letter slipped out of his pocket and dropped to the ground. Later friends of another person who was also called Miss Desperation(of TLS) picked up the letter and read it even though it was clearly written on the outside that it belonged to LostLove36. Miss Desperation( of TLS ) sues LostLove36 for defamation. a. b. c. d. LostLove36 will win because the letter was not defamatory. LostLove36 will win because the statement was not published LostLove36 will win because he did not intend it to refer to the plaintiff. More than one option is correct.
189. Principle 1: An "agent" is a person employed to do any act for another or to represent another in dealings with third persons.The person for whom such act is done, or who is so represented, is called the "principal".
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Principle 2: An agent has authority, in an emergency, to do all such acts for the purpose of protecting his principal from loss as would be done by a person of ordinary prudence, in his own case, under similar circumstances. Facts: X, A Kolkata based trader, authorised Y, his Mumbai based agent, to deliver 20 kg of Green Apple to C, a Madras based consumer. X sent the consignment of apple to Y. Y, instead of send the same consignment to C, sold the same apples at a higher price in Mumbai. B did this because of the bad weather, and being attentive of the fact that apples would spoil entirely if he waits to send the same to Madras. Now, X sues Y for not sending the apples to C. Decide. a. Y will not be liable since he sold the apples in Mumbai itself because so as not to cause loss to X. b. Y will be liable since he was obliged to send the consignment of apples to C, who was in Madras. c. Y will not be liable since he carried out and sold the apples in good faith. d. Y will be liable since the contract to sell apple was between X and C, and Y should not have exercised his will.
190. Principle 1: A contract, by which one party promises to save the other, i.e. promisee, from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a "contract of indemnity. Principle 2: The promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promisor. Facts: A enters into a contract of indemnity with B. The terms of the contract specified that A will be liable to indemnify B for the acts which will be carried out by B for the construction of As house. While construction was in place, C filed a suit against B for stopping the construction. B incurred huge expenses for defending the construction of the house in the suit. B demanded the same amount from A, but A denied his liability with respect to the suit. Decide whether A can be made liable or not. a. A can be made liable since it was his responsibility to indemnify B for the expenses incurred in the suit. b. A cannot be made liable since his liability was limited to the acts related to the construction of the house. c. A can be made liable since he liable to indemnify B for the acts carried out for the construction of As house. d. A cannot be held liable since suit was not concerned with the construction of the house. Solve Questions 191-195 on the basis of Principles given below. Principle 1: Consideration is the corner stone of a contract. Absence of consideration makes a contract void. It is defined as, an agreement to form a valid contract should be supported by consideration. Consideration means something in return (quid pro quo). It can be cash, kind, an act or abstinence. It can be past, present or future. However, consideration should be real and lawful. Principle 2: Wagering agreements cannot form a valid contract. A wagering agreement is defined as agreement in which mutuality of benefit is dependent on the occurring of an event whose outcome is outside the control of the parties to a contract.
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191.: Mo owned a Mercedes Benz. A big shiny one at that. Since it was a Mercedes Benz ,Mo used to flaunt it everywhere much to the annoyance of his neighbors which included Stray29. Stray29 deciding Facts to teach Mo a lesson and also because he desired to possess the Benz himself, asked Mo to sign a sale contract to transfer the Mercedes Benz to him for a sum of 100 bucks. Mo, confident of his lawyerly skills, signs the contract. Later when Om does not hand over the Mercedes to him, Stray29 sues Mo for breach of contract. What will the court decide? a. b. c. d. Mo Mo Mo Mo will will will will win since 100 bucks is not consideration enough. win because this was a wagering agreement and hence void. lose because consideration is sufficient. lose because consideration is not dependant on value.
192. Facts: Mo and Sow are siblings. Since Mo is very bright and talented the other members of his family cannot stand him. His parents bestow Sow, his sister with expensive gifts while Mo gets nothing. One Christmas Mo stumbles onto a laptop meant as a present for his sister. Mo gets his sister to sign a sale contract by which he sells the laptop(which is worth 75000 rupees) to his sister for 1000 bucks. Sow buys the laptop at 1000 feeling very smug at her own brilliance. Later when she realizes what happened , she sues Mo for the 1000 bucks. Decide a. Sow will win because there is no consideration from Mo. b. Sow will win because this not a lawful consideration. c. Sow will win because the consideration is not real. d. More than one option is correct. 193. Facts: Nav is a brilliant law student of NLU-X who is labeled as the next Messi by his batch mates because of his profound footballing talent. He was the top scorer of the NLU Football league in the year 2010 which gained him considerable popularity in law school circles. Stray29 (mainly out of his jealousy) enters into a contract with Nav by which he would pay Nav 5000 dollars if he scores 50 goals in the next season. By a combination of factors, (which included the team of NLU- P/Q playing without a goalkeeper) Nav scores 53 goals in the said season. On Stray29s non-payment he sues him for breach of contract. One of the main contentions raised by Stary29 in court was that the contract was void because it was a wagering agreement. Decide. a. b. c. d. Nav will win because this is not a wagering agreement. Nav will lose because there is not mutuality of benefit. Nav will lose because there is no control over the event. Both (a) and (b) are correct.
194 Facts: Stray29 was a student of Law School Somewhat(LSS). He is also a self confessed a botany enthusiast and carries out weird experiments on plant breeding in his hostel room. Just before the end-semester examination he came up with a hybrid plant whose leaves if dried and smoked would allow allow the user to stay awake for days on end. To popularize his idea and sell them ( to get more funds for further experiments), he put up a notice that he would pay any student who used his product and fell asleep within three days, the sum of 7000 bucks. CarpFace was a student who was extreme need of such products. He buys three of the above-mentioned plants at the cost of 300 bucks each. He uses the plant leaves as advised but he fell asleep after 2 days and 22 hours. He sues Stray29 for breach of contract. Decide. a. CarpFace will win because this was a valid agreement. b. CarpFace will win because there is not a wagering contract. For more material and AimCLAT mock test series, log on to www.aimclat.com Page 37
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c. CarpFace will lose because this is a wagering contract. d. None of the above. 195. Keeping the facts of the above case same, suppose Stray29 argues that there is no consideration from CarpFace which flows to him. What will be your decision now? a. The fact that CarpFace puts himself through the trouble of smoking an unknown substance is good consideration, hence CarpFace will win. b. Consideration does not always have to be mutual, hence CarpFace will win. c. Consideration should be real which is not present in this case, hence Stray 29 will win. d. None of the above. 196. Principle : "Coercion" is the committing, or threatening to commit, any act forbidden by the Indian Penal Code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. Facts: Stray29 gets LoveLost36 to sign a contract, gifting away his entire property by holding his girlfriend to gunpoint. Due to the trauma of the incident LoveLost36 s girlfriend dumps him and he refuses to hand over possession of the property claiming that the contract was signed under coercion. Decide : a. LoveLost36 s girlfriend cannot be termed as his property and hence the contract is not void. b. The contract is void due to coercion. c. The fact that his girlfriend dumps him proves that his girlfriend cannot be termed as his property and hence the contract is void. d. None of the above. 197. Principle: Misrepresentation renders a contract voidable. It is defined as causing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement. Facts: X had a watch which looked like a Rolex. X had been gifted the same by the wealthy cousin of his (who was also a modern Scrooge) Sow openly admired the watch of his. She congratulated X several times over a period of one week on his becoming the proud owner of a Rolex. Sow also told her friends how she had always wanted to buy a Rolex. Later she offers to buy the watch from X, offering to pay what is the usual amount for a used Rolex. X agrees. Later Sow finds out that the watch is not actually a Rolex. She sues X for misrepresentation. Decide: a. X will win because he did not know the about the authenticity of the watch himself. b. Sow will win because X realized that it was the fact that the watch was a Rolex was the driving factor behind her entering into the contract. c. Sow will win because intention to deceive is not an essential part of misrepresentation. d. Sow will win because misrepresentation only renders a contract voidable. 198. Principle : A proposal made by one party and its acceptance by another , with the intention of establishing legal relations , is an agreement. Facts: During an auction Cass bids for a rare vase at 3000 dollars. There are no other bids. The auctioneer refuses to sell the vase as the price had not matched his expectations. Cass sues the auction house for breach of contract. Decide For more material and AimCLAT mock test series, log on to www.aimclat.com Page 38
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a. There is a valid offer by the auctioneer and the acceptance by Cass, so there is a valid contract and Cass will win. b. Cass will win because unless there is an intention to sell at the price, the auctioneer would not have put the item up for bidding at the said price. c. There is no valid offer from the auctioneer but just an invitation to offer. d. None of the above. 199. Principle: Lack of free consent makes a contract voidable at the option of the innocent party. Coercion is one such thing vitiates free consent."Coercion" is the committing, or threatening to commit, any act forbidden by the Indian Penal Code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. Facts : The government of Wommingland passed a legislation that no one would enter contracts to buy marijuana in excess of 20 kgs at a time. Hanna had a particularly bad day at work. She hence entered into a contract with a local dealer to buy 30 kgs of marijuana that night. After the goods are delivered she refuses to pay the dealer claiming that the contract is voidable because there is no free consent. The local dealer sues her. Which of the following is correct? a. b. c. d. There is still free consent inspite of the regulations. There is coercion and hence the contract is void. There is coercion because of the regulation. None of the above.
200. Principle : Consideration is the corner stone of a contract. Absence of consideration makes a contract void. It is defined as, an agreement to form a valid contract should be supported by consideration. Consideration means something in return (quid pro quo). It can be cash, kind, an act or abstinence. It can be past, present or future. However, consideration should be real and lawful.
Facts: P wanted to sell off some chocolates in his shop. To increase sales he announced a 5% discount on any article in his shop on producing a chocolate wrapper( of a chocolate brand available exclusively in his shop) during the transaction. Later P gets embroiled in a law suit and the main issue before the court is whether the chocolate wrapper is consideration flowing from the customer to P. Choose the best answer. a. The wrappers are not consideration because they are of zero economic value. b. The wrappers are not consideration because are of no value to even to P. c. The wrappers are consideration because P attaches value to them because the action of the customer boosts his sales. d. The wrappers are consideration because consideration can be in kind also.
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