CLAT 2024 Daily Practice Questions for 19 October 2023

CLAT 2024 Daily Practice Questions for 19 October 2023

CLAT 2024 Daily Practice Questions for 19 October 2023: The daily practice questions for CLAT 2024 can be checked here which will help the aspirants understand the nature of the questions and enhance the subject knowledge. Here are the daily CLAT practice sample questions for October 19 from the Legal Reasoning section . These practice sample CLAT questions 2024 will help you increase your reading speed of the long unseen passages and plan the strategy to answer efficiently. CLAT 2024 is scheduled to be conducted on December 3, 2023.

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CLAT 2024 Daily Practice Questions for 19 October 2023

Here is the set of daily questions for CLAT 2024 for 19 October 2023 from the English Language section based on a passage given below. These have been derived from CLAT previous Years’ question papers.

It is essential to the creation of a contract that both parties should agree to the same thing in the same sense. Mutual consent, which should also be a free consent, is the sine qua non of a valid agreement and one of its essential elements is that a thing is understood in the same sense by a party as is understood by the other. Not only consent, but free consent is provided in Section 10 of the Indian Contract Act, 1872 to be necessary to the complete validity of a contract. Consent is free when it works without obstacles to impede its exercise. Where there is no consent or no real and certain object of consent, there can be no contract at all. Where there is consent, but not free consent, there is generally a contract voidable at the option of the party whose consent was not free. A general averment that consent was not freely obtained is not enough, and it is necessary to set up one of the vitiating elements such as fraud which includes, false assertion, active concealment, promise without intention of performing it, any other deceptive act, or any act declared as fraudulent. In order to constitute fraud, the act should have been done by the party to the contract, or by any other person with his connivance, or by his agent and with intent to deceive the other party thereto or his agent, or to induce him to enter into the contract. There is no duty upon parties to speak about facts likely to affect the other party’s consent to the contract and mere silence does not amount to fraud, unless the circumstances of the case show that there is duty to speak, or silence is, in itself equivalent to speech. On the other hand, misrepresentation falls into three categories:
(i) a statement of fact, which if false, would be misrepresentation if the maker believes it to be true, but which is not justified by the information he possesses;
(ii) any breach of duty which gains an advantage to the person committing it by misleading another to his prejudice, there being no intention to deceive; and
(iii) causing a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement, even though done innocently.

Question 1 . Which of the following statements correctly depicts the essentials of misrepresentation?

1. A misrepresentation is a positive statement of fact, which is made or adopted by a party to a contract and is untrue.
2. Misrepresentation and false representation do not mean the same.
3. If one party has induced the other to enter into a contract by misrepresenting, though innocently, any material fact especially within his own knowledge, the party misled cannot avoid the contract.
4. A misrepresentation is a negative statement of fact, which is made or adopted by a party to a contract and is true.

Question 2. Consider the statements given below and answer which one correctly describes a fraudulent act.

(i) The expression fraud means an intention to deceive, whether it is from any expectation of advantage to the party himself or from ill will towards the other is immaterial.
(ii) A fraud is an act of deliberate deception with the design of securing something by taking an unfair advantage of another. It is a deception to gain from another’s loss.
(iii) Fraud arises out of deliberate active role of representator about a fact.

1. (i), (ii) are correct.
2. (i) correct.
3. (i), (ii), (iii) are correct.
4. (i) and (ii) are correct but (iii) is incorrect.

Question 3. Which of the following statements is correct?

1. Fraud is an innocent wrong whereas misrepresentation is an intentional wrong.
2. The principal difference between fraud and misrepresentation is that in the former, the person making the suggestion does not believe it to be true and, in the latter, he believes it to be true.
3. In fraud and misrepresentation both, it is not a misstatement of fact which misleads the promisee.
4. Fraud and misrepresentation both are innocent wrongs.

Question 4. Mr. A sells a car to Mr. Y, his childhood friend with a knowledge that the car is defective. Before buying the car, Mr. Y says to Mr. A, “If you do not deny it, I shall assume that the car is perfect”. Mr. A says nothing. In light of the statement, decide the liability of Mr. A.

1. A’s silence is equivalent to speech and hence a misrepresentation.
2. A is not liable for fraud, but liable for misrepresentation.
3. A is liable for fraud and misrepresentation both.
4. A’s silence is equivalent to speech and hence a fraud.

Question 5. In which of the following statements will a contract not be voidable at the option of a party?

1. When a party takes consent by fraud.
2. When a party takes consent by misrepresentation.
3. A contract entered by fraud and misrepresentation is neither void nor voidable.
4. When silence amounts to fraud, but the other party whose consent was taken had discovered the truth or had the means of discovering the truth with ordinary diligence.

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