CLAT 2022 || New Pattern Legal Reasoning Quiz || 12.01.2022
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Question 1
Not all agreements are valid contracts. When an agreement is not valid, it is either voidable or void. Void agreements are those agreements which are not enforced by law courts. Section 2(g) of the Indian Contract Act defines a void agreement as, “an agreement not enforceable by law”. Thus the parties to the contract do not get any legal redress in the case of void agreements. Void agreements arise due to the non-fulfilment of one or more conditions laid down by Section 10 of the Indian contract Act. This Section states as follows:
All agreements are contracts if they are made with free consent of parties competent to contract, for a lawful, consideration and with a lawful object, and are not hereby expressly declared to be void.
Nothing herein contained shall affect any law in force in India, and not hereby expressly repealed, by which any contract is required to be made in writing or in the presence of witness, or any law relating to the registration of documents. Therefore, non-fulfilment of any of these conditions lead to a contract being void. A contract can also be void if it is entered into by the mistake of fact.
Article 26-30 and Article 56 prescribes the contracts expressly declared to be void. Few of them are:
Section 27 states that every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. However, reasonable restriction can be placed, like in cases of a sale of goodwill.
Section 28 states that Every agreement by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent.
Article 30 states that all the agreements by wager to be void and no suit can be instituted to recover anything won or lost on any wager, or entrusted to any person to abide the result of the game or other uncertain event on which wager is made.
Section 56 state that impossibility of performance of an act does not give or create any obligation upon the parties to a contract. Section 56 of the Act, declared such contract as void. Such impossibility may arise before, after or during the contract.
Therefore, every agreement which suffers from any or all of these situations is considered to be a void contract and cannot be enforced in any court of law.
Source: (Edited, extracted, added & compiled): http://lawtimesjournal.in/void-agreement
Ajay and Vijay are really good friends. But due to job prospects, they happen to live in different cities. One day, when Ajay visited vijay, he saw that Vijay has 2 cars. One white Toyota and other was black Lexus. Ajay loved the Lexus. He thought of buying his car, but did not have enough funds. But after a few days, he decided to get a loan. He posted a letter inquiring about the car. Vijay thought that Ajay intended to buy the white Toyota. So he replied in affirmation showing his will to sell it for 20 Lacs. Ajay thought the car is quite cheap and he must grab the opportunity. On the day of sale, when Vijay handed over the Toyota, Ajay contended that he was under an impression that he intended to sell the Lexus. Now Vijay wants to enforce the contract. Can he do so?
Question 2
Not all agreements are valid contracts. When an agreement is not valid, it is either voidable or void. Void agreements are those agreements which are not enforced by law courts. Section 2(g) of the Indian Contract Act defines a void agreement as, “an agreement not enforceable by law”. Thus the parties to the contract do not get any legal redress in the case of void agreements. Void agreements arise due to the non-fulfilment of one or more conditions laid down by Section 10 of the Indian contract Act. This Section states as follows:
All agreements are contracts if they are made with free consent of parties competent to contract, for a lawful, consideration and with a lawful object, and are not hereby expressly declared to be void.
Nothing herein contained shall affect any law in force in India, and not hereby expressly repealed, by which any contract is required to be made in writing or in the presence of witness, or any law relating to the registration of documents. Therefore, non-fulfilment of any of these conditions lead to a contract being void. A contract can also be void if it is entered into by the mistake of fact.
Article 26-30 and Article 56 prescribes the contracts expressly declared to be void. Few of them are:
Section 27 states that every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. However, reasonable restriction can be placed, like in cases of a sale of goodwill.
Section 28 states that Every agreement by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent.
Article 30 states that all the agreements by wager to be void and no suit can be instituted to recover anything won or lost on any wager, or entrusted to any person to abide the result of the game or other uncertain event on which wager is made.
Section 56 state that impossibility of performance of an act does not give or create any obligation upon the parties to a contract. Section 56 of the Act, declared such contract as void. Such impossibility may arise before, after or during the contract.
Therefore, every agreement which suffers from any or all of these situations is considered to be a void contract and cannot be enforced in any court of law.
Source: (Edited, extracted, added & compiled): http://lawtimesjournal.in/void-agreement
Question 3
Not all agreements are valid contracts. When an agreement is not valid, it is either voidable or void. Void agreements are those agreements which are not enforced by law courts. Section 2(g) of the Indian Contract Act defines a void agreement as, “an agreement not enforceable by law”. Thus the parties to the contract do not get any legal redress in the case of void agreements. Void agreements arise due to the non-fulfilment of one or more conditions laid down by Section 10 of the Indian contract Act. This Section states as follows:
All agreements are contracts if they are made with free consent of parties competent to contract, for a lawful, consideration and with a lawful object, and are not hereby expressly declared to be void.
Nothing herein contained shall affect any law in force in India, and not hereby expressly repealed, by which any contract is required to be made in writing or in the presence of witness, or any law relating to the registration of documents. Therefore, non-fulfilment of any of these conditions lead to a contract being void. A contract can also be void if it is entered into by the mistake of fact.
Article 26-30 and Article 56 prescribes the contracts expressly declared to be void. Few of them are:
Section 27 states that every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. However, reasonable restriction can be placed, like in cases of a sale of goodwill.
Section 28 states that Every agreement by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent.
Article 30 states that all the agreements by wager to be void and no suit can be instituted to recover anything won or lost on any wager, or entrusted to any person to abide the result of the game or other uncertain event on which wager is made.
Section 56 state that impossibility of performance of an act does not give or create any obligation upon the parties to a contract. Section 56 of the Act, declared such contract as void. Such impossibility may arise before, after or during the contract.
Therefore, every agreement which suffers from any or all of these situations is considered to be a void contract and cannot be enforced in any court of law.
Source: (Edited, extracted, added & compiled): http://lawtimesjournal.in/void-agreement
Question 4
Not all agreements are valid contracts. When an agreement is not valid, it is either voidable or void. Void agreements are those agreements which are not enforced by law courts. Section 2(g) of the Indian Contract Act defines a void agreement as, “an agreement not enforceable by law”. Thus the parties to the contract do not get any legal redress in the case of void agreements. Void agreements arise due to the non-fulfilment of one or more conditions laid down by Section 10 of the Indian contract Act. This Section states as follows:
All agreements are contracts if they are made with free consent of parties competent to contract, for a lawful, consideration and with a lawful object, and are not hereby expressly declared to be void.
Nothing herein contained shall affect any law in force in India, and not hereby expressly repealed, by which any contract is required to be made in writing or in the presence of witness, or any law relating to the registration of documents. Therefore, non-fulfilment of any of these conditions lead to a contract being void. A contract can also be void if it is entered into by the mistake of fact.
Article 26-30 and Article 56 prescribes the contracts expressly declared to be void. Few of them are:
Section 27 states that every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. However, reasonable restriction can be placed, like in cases of a sale of goodwill.
Section 28 states that Every agreement by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent.
Article 30 states that all the agreements by wager to be void and no suit can be instituted to recover anything won or lost on any wager, or entrusted to any person to abide the result of the game or other uncertain event on which wager is made.
Section 56 state that impossibility of performance of an act does not give or create any obligation upon the parties to a contract. Section 56 of the Act, declared such contract as void. Such impossibility may arise before, after or during the contract.
Therefore, every agreement which suffers from any or all of these situations is considered to be a void contract and cannot be enforced in any court of law.
Source: (Edited, extracted, added & compiled): http://lawtimesjournal.in/void-agreement
Question 5
Not all agreements are valid contracts. When an agreement is not valid, it is either voidable or void. Void agreements are those agreements which are not enforced by law courts. Section 2(g) of the Indian Contract Act defines a void agreement as, “an agreement not enforceable by law”. Thus the parties to the contract do not get any legal redress in the case of void agreements. Void agreements arise due to the non-fulfilment of one or more conditions laid down by Section 10 of the Indian contract Act. This Section states as follows:
All agreements are contracts if they are made with free consent of parties competent to contract, for a lawful, consideration and with a lawful object, and are not hereby expressly declared to be void.
Nothing herein contained shall affect any law in force in India, and not hereby expressly repealed, by which any contract is required to be made in writing or in the presence of witness, or any law relating to the registration of documents. Therefore, non-fulfilment of any of these conditions lead to a contract being void. A contract can also be void if it is entered into by the mistake of fact.
Article 26-30 and Article 56 prescribes the contracts expressly declared to be void. Few of them are:
Section 27 states that every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. However, reasonable restriction can be placed, like in cases of a sale of goodwill.
Section 28 states that Every agreement by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent.
Article 30 states that all the agreements by wager to be void and no suit can be instituted to recover anything won or lost on any wager, or entrusted to any person to abide the result of the game or other uncertain event on which wager is made.
Section 56 state that impossibility of performance of an act does not give or create any obligation upon the parties to a contract. Section 56 of the Act, declared such contract as void. Such impossibility may arise before, after or during the contract.
Therefore, every agreement which suffers from any or all of these situations is considered to be a void contract and cannot be enforced in any court of law.
Source: (Edited, extracted, added & compiled): http://lawtimesjournal.in/void-agreement
Question 6
The term ‘contingent’ suggests that every other thing or reality relies on an event or situation. The ‘contingent contract’ implies that the enforceability of that contract is directly dependent on an occasion occurring or not occurring. In the Indian Contract Act , 1872, the term was used to mean conditional. A sign of the future is ambiguity. Contingent contracts are all about predicting the probabilities of an uncertainty being probable, determining the effects if the occurrence does not occur, and evaluating the ability to change the implications
Contingent Contracts- Section 31 of the Indian Contract Act defines contingent contract as a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. It is a sort of a conditional contract and the condition is of an uncertain nature. A contract which is subject to a certain or an absolute type of condition cannot be regarded as a contingent contract. When the condition is of uncertain nature, then only the contract can truly be regarded as truly contingent.
Further Section 32 states that in Contingent contracts to do or not to do anything if an uncertain future event happens, cannot be enforced by law unless and until that event has happened. If the event becomes impossible, such contracts become void. The section lays down two basic principles. First, a contract to do an act on the happening of a future uncertain condition cannot be enforced unless and until that event happens. Second, if the happening of that event has become impossible, the contract becomes void. The examples appended to the section clarify both the principles.
However, Contingent contracts to do or not to do anything if an uncertain future event does not happen, can be enforced when the happening of that event becomes impossible, and not before. Where the performance of a contract depends upon the non happening of that event becomes impossible. When such circumstances come to pass that show that the event can no more happen, then only the performance of the contract can be demanded. The example appended to the section makes the sense of the section clear.
If the future event on which a contract is contingent is the way in which a person will act at an unspecified time, the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time, or otherwise than under further contingencies. But such contracts, contingent to do or not to do anything if a specified uncertain event happens within a fixed time, become void if, at the expiration of the time fixed, such event has not happened, or if, before the time fixed, such event becomes impossible. On the contrary, when contract is based on non-happening of certain event on non-happening of an event in certain specified time period, he can enforce the contract when such period ends.
Source: (Edited, extracted, added & compiled): https://lexforti.com/legal-news/contingent-contracts/.
Ajay is working in a government firm. It is 2 days to go for the next month. The manager comes to Ajay and says that he will not provide Ajay’s monthly salary if one of the directors sells his shares. Ajay agrees. Ajay did not get his salary and he files a suit in court. Can Ajay get his salary?
Question 7
The term ‘contingent’ suggests that every other thing or reality relies on an event or situation. The ‘contingent contract’ implies that the enforceability of that contract is directly dependent on an occasion occurring or not occurring. In the Indian Contract Act , 1872, the term was used to mean conditional. A sign of the future is ambiguity. Contingent contracts are all about predicting the probabilities of an uncertainty being probable, determining the effects if the occurrence does not occur, and evaluating the ability to change the implications
Contingent Contracts- Section 31 of the Indian Contract Act defines contingent contract as a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. It is a sort of a conditional contract and the condition is of an uncertain nature. A contract which is subject to a certain or an absolute type of condition cannot be regarded as a contingent contract. When the condition is of uncertain nature, then only the contract can truly be regarded as truly contingent.
Further Section 32 states that in Contingent contracts to do or not to do anything if an uncertain future event happens, cannot be enforced by law unless and until that event has happened. If the event becomes impossible, such contracts become void. The section lays down two basic principles. First, a contract to do an act on the happening of a future uncertain condition cannot be enforced unless and until that event happens. Second, if the happening of that event has become impossible, the contract becomes void. The examples appended to the section clarify both the principles.
However, Contingent contracts to do or not to do anything if an uncertain future event does not happen, can be enforced when the happening of that event becomes impossible, and not before. Where the performance of a contract depends upon the non happening of that event becomes impossible. When such circumstances come to pass that show that the event can no more happen, then only the performance of the contract can be demanded. The example appended to the section makes the sense of the section clear.
If the future event on which a contract is contingent is the way in which a person will act at an unspecified time, the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time, or otherwise than under further contingencies. But such contracts, contingent to do or not to do anything if a specified uncertain event happens within a fixed time, become void if, at the expiration of the time fixed, such event has not happened, or if, before the time fixed, such event becomes impossible. On the contrary, when contract is based on non-happening of certain event on non-happening of an event in certain specified time period, he can enforce the contract when such period ends.
Source: (Edited, extracted, added & compiled): https://lexforti.com/legal-news/contingent-contracts/.
Question 8
The term ‘contingent’ suggests that every other thing or reality relies on an event or situation. The ‘contingent contract’ implies that the enforceability of that contract is directly dependent on an occasion occurring or not occurring. In the Indian Contract Act , 1872, the term was used to mean conditional. A sign of the future is ambiguity. Contingent contracts are all about predicting the probabilities of an uncertainty being probable, determining the effects if the occurrence does not occur, and evaluating the ability to change the implications
Contingent Contracts- Section 31 of the Indian Contract Act defines contingent contract as a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. It is a sort of a conditional contract and the condition is of an uncertain nature. A contract which is subject to a certain or an absolute type of condition cannot be regarded as a contingent contract. When the condition is of uncertain nature, then only the contract can truly be regarded as truly contingent.
Further Section 32 states that in Contingent contracts to do or not to do anything if an uncertain future event happens, cannot be enforced by law unless and until that event has happened. If the event becomes impossible, such contracts become void. The section lays down two basic principles. First, a contract to do an act on the happening of a future uncertain condition cannot be enforced unless and until that event happens. Second, if the happening of that event has become impossible, the contract becomes void. The examples appended to the section clarify both the principles.
However, Contingent contracts to do or not to do anything if an uncertain future event does not happen, can be enforced when the happening of that event becomes impossible, and not before. Where the performance of a contract depends upon the non happening of that event becomes impossible. When such circumstances come to pass that show that the event can no more happen, then only the performance of the contract can be demanded. The example appended to the section makes the sense of the section clear.
If the future event on which a contract is contingent is the way in which a person will act at an unspecified time, the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time, or otherwise than under further contingencies. But such contracts, contingent to do or not to do anything if a specified uncertain event happens within a fixed time, become void if, at the expiration of the time fixed, such event has not happened, or if, before the time fixed, such event becomes impossible. On the contrary, when contract is based on non-happening of certain event on non-happening of an event in certain specified time period, he can enforce the contract when such period ends.
Source: (Edited, extracted, added & compiled): https://lexforti.com/legal-news/contingent-contracts/.
Question 9
The term ‘contingent’ suggests that every other thing or reality relies on an event or situation. The ‘contingent contract’ implies that the enforceability of that contract is directly dependent on an occasion occurring or not occurring. In the Indian Contract Act , 1872, the term was used to mean conditional. A sign of the future is ambiguity. Contingent contracts are all about predicting the probabilities of an uncertainty being probable, determining the effects if the occurrence does not occur, and evaluating the ability to change the implications
Contingent Contracts- Section 31 of the Indian Contract Act defines contingent contract as a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. It is a sort of a conditional contract and the condition is of an uncertain nature. A contract which is subject to a certain or an absolute type of condition cannot be regarded as a contingent contract. When the condition is of uncertain nature, then only the contract can truly be regarded as truly contingent.
Further Section 32 states that in Contingent contracts to do or not to do anything if an uncertain future event happens, cannot be enforced by law unless and until that event has happened. If the event becomes impossible, such contracts become void. The section lays down two basic principles. First, a contract to do an act on the happening of a future uncertain condition cannot be enforced unless and until that event happens. Second, if the happening of that event has become impossible, the contract becomes void. The examples appended to the section clarify both the principles.
However, Contingent contracts to do or not to do anything if an uncertain future event does not happen, can be enforced when the happening of that event becomes impossible, and not before. Where the performance of a contract depends upon the non happening of that event becomes impossible. When such circumstances come to pass that show that the event can no more happen, then only the performance of the contract can be demanded. The example appended to the section makes the sense of the section clear.
If the future event on which a contract is contingent is the way in which a person will act at an unspecified time, the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time, or otherwise than under further contingencies. But such contracts, contingent to do or not to do anything if a specified uncertain event happens within a fixed time, become void if, at the expiration of the time fixed, such event has not happened, or if, before the time fixed, such event becomes impossible. On the contrary, when contract is based on non-happening of certain event on non-happening of an event in certain specified time period, he can enforce the contract when such period ends.
Source: (Edited, extracted, added & compiled): https://lexforti.com/legal-news/contingent-contracts/.
Question 10
The term ‘contingent’ suggests that every other thing or reality relies on an event or situation. The ‘contingent contract’ implies that the enforceability of that contract is directly dependent on an occasion occurring or not occurring. In the Indian Contract Act , 1872, the term was used to mean conditional. A sign of the future is ambiguity. Contingent contracts are all about predicting the probabilities of an uncertainty being probable, determining the effects if the occurrence does not occur, and evaluating the ability to change the implications
Contingent Contracts- Section 31 of the Indian Contract Act defines contingent contract as a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. It is a sort of a conditional contract and the condition is of an uncertain nature. A contract which is subject to a certain or an absolute type of condition cannot be regarded as a contingent contract. When the condition is of uncertain nature, then only the contract can truly be regarded as truly contingent.
Further Section 32 states that in Contingent contracts to do or not to do anything if an uncertain future event happens, cannot be enforced by law unless and until that event has happened. If the event becomes impossible, such contracts become void. The section lays down two basic principles. First, a contract to do an act on the happening of a future uncertain condition cannot be enforced unless and until that event happens. Second, if the happening of that event has become impossible, the contract becomes void. The examples appended to the section clarify both the principles.
However, Contingent contracts to do or not to do anything if an uncertain future event does not happen, can be enforced when the happening of that event becomes impossible, and not before. Where the performance of a contract depends upon the non happening of that event becomes impossible. When such circumstances come to pass that show that the event can no more happen, then only the performance of the contract can be demanded. The example appended to the section makes the sense of the section clear.
If the future event on which a contract is contingent is the way in which a person will act at an unspecified time, the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time, or otherwise than under further contingencies. But such contracts, contingent to do or not to do anything if a specified uncertain event happens within a fixed time, become void if, at the expiration of the time fixed, such event has not happened, or if, before the time fixed, such event becomes impossible. On the contrary, when contract is based on non-happening of certain event on non-happening of an event in certain specified time period, he can enforce the contract when such period ends.
Source: (Edited, extracted, added & compiled): https://lexforti.com/legal-news/contingent-contracts/.
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