Uttarakhand P.C.S. (Pre.) Exam., 2006 Solved Paper

Uttarakhand P.C.S. (Pre.) Exam., 2006
Law
(Held on 9-3-2008)

1. “Jurisprudence is the Philosophy of positive law.” It is said by—
(A) Austin
(B) Paton
(C) Keeton
(D) Dias
Ans : (A)

2. “Jurisprudence is the scientific synthesis of the essential principles of law.” Who said it ?
(A) Allen
(B) Bentham
(C) Holland
(D) Dias
Ans : (A)

3. The subject of Hart-Fuller debate in ‘Harvard Law Review’ is—
(A) Law and Society
(B) Law and Morality
(C) Law and Liability
(D) Law and Justice
Ans : (B)

4. ‘An eye for an eye and a tooth for a tooth’ was the purpose of punishment according to the—
(A) Deterrent theory
(B) Preventive theory
(C) Retributive theory
(D) Reformative theory
Ans : (C)

5. An interest protected against the world at large is called—
(A) Right in strict sense
(B) Right in repropria
(C) Right in rem
(D) Right in personam
Ans : (C)

6. Which of the following jurist distinguished between Lex Aeterma, Lex Naturalis, Lex Divina and Lex Humana ?
(A) Cicero
(B) Justinian
(C) St. Thomas Acquinas
(D) Plato
Ans : (C)

7. Match list-I with list-II and select the correct answer by using the code given below the lists—
List-I
(a) Jurisprudence is Lawyers extra version.
(b) Source of Law is Volkgeist.
(c) Law is a union of primary and secondary rules.
(d) Legal system is a pyramidal structure of norms.
List-II
1. Hart
2. Kelsen
3. Julius stone
4. Savigny
Codes :
(a) (b) (c) (d)
(A) 2 1 4 3
(B) 4 3 1 2
(C) 3 4 1 2
(D) 3 1 4 2
Ans : (C)

8. “Ownership is a plenary control over an object.” This definition is given by—
(A) Paton
(B) Pollock
(C) Holland
(D) Kelson
Ans : (C)

9. Which of the following Jurists has explained legal rights and duties in terms of Jural correlations and jural opposites ?
(A) Hohfeld
(B) Mansfield
(C) Holland
(D) Holmes
Ans : (A)

10. According to Sir Henry Maine, the movement of progressive societies has been a movement from—
(A) Status to social contract
(B) Natural law to positive law
(C) Custom to legislation
(D) Status to contract
Ans : (D)

11. “The purpose of law is to bring pleasure and avoid pain.” Who said it ?
(A) Bentham
(B) Salmond
(C) Kelsen
(D) Hobbes
Ans : (A)

12. The exponent of theory of ‘Social Engineering’ is—
(A) Roscoe Pound
(B) Comte
(C) Duguit
(D) Ihering
Ans : (A)

13. Who is the author of the book ‘Concept of Law’ ?
(A) H.L.A. Hart
(B) Austin
(C) Bentham
(D) None of the above
Ans : (A)

14. Who among the following said that legislation is ‘formal utterance (statement) of legislative organs of the society’ ?
(A) Dias
(B) Allen
(C) Gray
(D) Black stone
Ans : (C)

15. THe celebrated essay ‘Determining Ratio Decendi of case’ was written by—
(A) Goodhart
(B) Winfield
(C) Oppenheim
(D) Julius stone
Ans : (A)

16. Match list-I with list-II and select the correct answer by using the code given below the lists—
List-I
(a) Historical School
(b) Vienna School
(c) Natural Law School
(d) Sociological School
List-II
1. Duguit 2. Stammler
3. Kelsen 4. Puchta
Codes :
(a) (b) (c) (d)
(A) 2 4 1 3
(B) 4 3 2 1
(C) 3 1 4 2
(D) 2 3 4 1
Ans : (B)

17. “The only right which any man can possess is the right always to do his duty”, said by—
(A) Roscoe Pound
(B) Ihering
(C) Ehrlich
(D) Duguit
Ans : (D)

18. “Law grows with a nation, increases with it and dies at its dissolution and is a characteristic of it.” This is the view of—
(A) Natural Law School
(B) Historical School
(C) Analytical School
(D) Sociological School
Ans : (B)

19. The main purpose of the ‘Corporate Sole’ is to—
(A) Make the property easily inheritable
(B) Make the property easily transferable
(C) Maintain countinuity of an office
(D) Protect the property of State
Ans : (C)

20. Dealing with sources of law who from amongst the following says that “The courts put life into the dead words of statutes” ?
(A) Holland
(B) Gray
(C) Salmond
(D) Austin
Ans : (B)

21. Analytical, Historical and Ethical Jurisprudence are three different parts of the Jurisprudence, according to—
(A) Salmond
(B) Ihering
(C) Hart
(D) Immanuel Kant
Ans : (A)

22. Even though Emergency is proclaimed, the enforcement of following rights through courts cannot be suspended—
(A) Art. 14, 19 and 21
(B) Art. 20, 21 and 22
(C) Art. 19 and 21
(D) Art. 20 and 21
Ans : (D)

23. Powers, privileges and immunities of Parliament and its members are provided under—
(A) Article–105
(B) Article–106
(C) Article–107
(D) Article–194
Ans : (A)

24. In which of the following cases Supreme Court has condemned cruelty or torture during Police custody as being violative of Art 21 ?
(A) Francis Coralie Vs. Union of Territory of Delhi
(B) Menaka Gandhi Vs. Union of India
(C) P. Rethiram Vs. Union of India
(D) Olga Tellis Vs. Bombay Municipal Corporation
Ans : (A)

25. Which Article of the Constitution provides that an advice tendered by Ministers to the President Shall not be inquired into in any court ?
(A) Article–74(1)
(B) Article–74(2)
(C) Article–75
(D) None of the above
Ans : (B)

26. In order to prevent defection of Members of Parliament, Clause (2) in Article 102 and Schedule X were added—
(A) By Constitution (42nd Amendment) Act, 1976
(B) By Constitution (44th Amendment) Act, 1978
(C) By Constitution (52nd Amendment) Act, 1985
(D) None of the above
Ans : (C)

27. Jurisdiction of the Supreme Court of India can be enlarged—
(A) By Chief Justice of India
(B) By President of India
(C) By Parliament by Law
(D) None of the above
Ans : (C)

28. “The State shall endeavour to promote international peace and security.” is provided in—
(A) Article-48A
(B) Article-49
(C) Article-50
(D) Article-51
Ans : (D)

29. Doctrine of Colourable Legislation is applied where—
(A) Legislature acts within its Jurisdiction
(B) Legislature acts beyond its Jurisdiction
(C) Legislature acts apparently within its jurisdiction but actually acts beyond its Jurisdiction
(D) None of the above
Ans : (C)

30. The case of S. R. Bommai Vs. Union of India (1994) is related to—
(A) Parliamentary Privileges
(B) Freedom of Press
(C) Imposition of President’s Rule
(D) Right to Equality
Ans : (C)

31. Match list-I with list-II and select the correct answer by using the code given below the lists—
List-I
(a) The Constitution (52th Amendment)
(b) The Constitution (86th Amendment)
(c) The Constitution (1st Amendment)
(d) The Constitution (93rd Amendment)
List-II
1. Reservation in election
2. Ninth Schedule
3. Tenth Schedule
4. Right to Education
Codes :
(a) (b) (c) (d)
(A) 3 4 1 2
(B) 3 4 2 1
(C) 4 3 2 1
(D) 2 4 1 3
Ans : (B)

32. “The Indian Constitution provides a Unitary State with subsidiary federal features, rather than Federal State with subsidiary Unitary features.” This statement is of—
(A) Sir Ivor Jennings
(B) K. C. Wheare
(C) A. V. Dicey
(D) S.A. de Smith
Ans : (B)

33. The case of A. R. Antulay Vs. R. S. Nayak (1988) is related to—
(A) Article-12
(B) Preamble of the Constitution
(C) Article-311
(D) Article-368
Ans : (A)

34. Which Provision of the Constitution imposes a duty on the centre to ensure that the Government of the State is carried on in accordance with the provisions of the Constitution ?
(A) Article-352
(B) Article-355
(C) Article-356
(D) Article-360
Ans : (B)

35. Doctrine of Pleasure applies to—
(A) Article-15(4)
(B) Article-16(4)
(C) Article-356
(D) Article-310
Ans : (D)

36. Preamble of the Constitution declares India to be a—
(A) Secular Socialist Sovereign Democratic Republic
(B) Socialist Secular Sovereign Democratic Republic
(C) Sovereign Secular Socialist Democratic Republic
(D) Sovereign Socialist Secular Democratic Republic
Ans : (D)

37. The appointment of Comptroller and Auditor-General of India is provided under—
(A) Article-48
(B) Article-147
(C) Article-149
(D) Article-148
Ans : (D)

38. To whom the Speaker of Lok Sabha should address his letter of resignation ?
(A) President
(B) Prime Minister
(C) Deputy Speaker of Lok Sabha
(D) Minister of Parliamentary Affairs
Ans : (C)

39. Which one of the following writs can be issued only against judicial and quasi judicial authorities ?
(A) Mandamus
(B) Habeas Corpus
(C) Certiorari
(D) Quo Warranto
Ans : (C)

40. Who elects the Vice President of India ?
(A) Members of Rajya Sabha only
(B) Members of Lok Sabha only
(C) Members of both the Houses of Parliament
(D) Members of all State Legislatures
Ans : (C)

41. Appellate Jurisdiction of Supreme Court in regard to criminal matters is stated in Article.
(A) 131
(B) 132
(C) 136
(D) 134
Ans : (D)

42. The President of India has power to grant pardon under which Article ?
(A) 172
(B) 74
(C) 72
(D) 92
Ans : (C)

43. According to which decision of the Supreme Court, the state cannot impose its reservation policy upon any unaided private professional educational institution ?
(A) M. Nagaraj Vs. Union of India
(B) P. A. Inamdar Vs. State of Maharashtra
(C) TMA Pai foundation Vs.State of Karnataka
(D) Indira Sawhney Vs. Union of India
Ans : (B)

44. Establishment of Public Service Commission for the Union and for the States is provided under—
(A) Article–316
(B) Article–319
(C) Article–315
(D) None of the above
Ans : (C)

45. Who among the following is Sovereign in India ?
(A) President of India
(B) Prime Minister of India
(C) Council of Ministers
(D) We the people of India
Ans : (D)

46. How many States signed the charter of United Nations at San Francisco in 1945 ?
(A) 41
(B) 15
(C) 51
(D) 52
Ans : (C)

47. The first Woman judge of International Court of Justice is—
(A) Rosalyn Higgins
(B) Rosa E. Otumbiyeva
(C) Gertrude Mongella
(D) Sadako Ogata
Ans : (A)

48. Who formulated the theory of ‘Pacta Sunt Sirvanda’ to explain the basis of international law ?
(A) By Kelsen
(B) By Oppenheim
(C) By Starke
(D) By Anzilotti
Ans : (D)

49. Under which Article of the U.N. Charter, the Security Council may use armed force against a State ?
(A) 42
(B) 45
(C) 41
(D) 51
Ans : (A)

50. Who said “A State is and becomes an international person through recognition only exclusively” ?
(A) Holland
(B) Hall
(C) Oppenheim
(D) Starke
Ans : (C)

51. On which date United Nations Day is celebrated ?
(A) June 26
(B) December 10
(C) July 11
(D) October 24
Ans : (D)

52. A Judge of the International Court of Justice can be removed by—
(A) A resolution of the Security Council
(B) A resolution of the General Assembly
(C) The Secretary General
(D) The unanimous opinion of remaining judges
Ans : (D)

53. Who said that usage represents the initial stage of custom; custom begins when usage ends ?
(A) Starke
(B) Brierly
(C) Hall
(D) Grotius
Ans : (A)

54. The Second World Conference on Human Rights, 1993 was held in—
(A) Vienna
(B) Paris
(C) Geneva
(D) New Delhi
Ans : (A)

55. The Selection blockade of Cuba by the United states of America was done in—
(A) October, 1962
(B) December, 1960
(C) September, 1962
(D) October, 1963
Ans : (D)

56. The Estrada doctrine is concerned with—
(A) Intervention
(B) State Succession
(C) Custom
(D) Recognition
Ans : (D)

57. Though there is no specific provision reagrading withdrawal from membership of the U.N. Charter, yet one of the following withdrew from it—
(A) India
(B) Iran
(C) Iraq
(D) None of the above
Ans : (D)

58. Assertion (A) : The United Nations is based on the sovereign equality of States.
Reason (R) : Permanent members of the Security Council have veto power.
Codes :
(A) Both (A) and (R) are true and (R) is the correct explanation of (A)
(B) Both (A) and (R) are true, but (R) is not the correct explanation of (A)
(C) (A) is true, but (R) is false
(D) (A) is false, but (R) is true
Ans : (B)

59. Which from amongst the following is primary source of International Law ?
(A) Judicial Decisions
(B) Writings of International Jurists
(C) International Usages
(D) International Customs
Ans : (D)

60. Which one of the following organs of the U.N. has the power to suspend or expel a member of United Nations ?
(A) Economic and Social Council
(B) Security Council
(C) International Court of Justice
(D) General Assembly on the recommendation of Security Council
Ans : (D)

61. How many principles of the U.N. are laid down for organic observance by the United Nations ?
(A) Three
(B) Four
(C) Two
(D) Seven
Ans : (D)

62. The International Court of Justice may decide a case ex aequo et bono if—
(A) The court deems it necessary
(B) The President of the court desires so
(C) The General Assembly requests the court
(D) The parties concerned agree for it
Ans : (D)

63. The view that international law is not law but international positive morality was held by—
(A) Oppenheim
(B) Starke
(C) Holland
(D) Austin
Ans : (D)

64. Which judge is considered pioneer in the growth of the ‘principle of absolute liability in tort’ ?
(A) Blackburn J.
(B) Lord Denning M.R.
(C) Lord Halsbury
(D) Justice P.N. Bhagwati
Ans : (D)

65. There is no distinction between ‘Sovereign functions’ and ‘Non- Sovereign functions’ of State in regard to liability of State in tort is said in the case of—
(A) Kasturi Lal Vs. State of U.P.
(B) Nagraj Rao & Co. Vs. State of A.P.
(C) State of Rajasthan Vs. Vidhyawati
(D) All of the above
Ans : (B)

66. Who among the following has propounded the ‘Pigeon Hole Theory’ related to law of torts ?
(A) Winfield
(B) Underhill
(C) Salmond
(D) Flemming
Ans : (C)

67. In which of the following case relating to contributory negligence, the principle first applied by the Court came to be known as the ‘Last opportunity rule’ ?
(A) Butterfield Vs. Forrester
(B) Davies Vs. Mann
(C) Admiralty Commissioner V.S.S. Volute
(D) British Colombia Electric Railway Vs. Loach
Ans : (B)

68. A master is liable for the tort committed by his servant the servant acts—
(A) For the benefit of his master
(B) During his duty hours
(C) In the course of his employment
(D) To the detriment of the plaintiff
Ans : (C)

69. Tort is infringement of a—
(A) Right in personam
(B) Right in rem
(C) Both right in personam and right in rem
(D) Neither right in personam nor right in rem
Ans : (B)

70. “If it was a lawful act, however ill the motive might be, the defendant had a right to do it.” This observation was made by the court in one of the following cases—
(A) Mayor of Bradford Corporation Vs. Pickles
(B) Ashby Vs. White
(C) Christei Vs. Davey
(D) Hollywood Silver Fox Farm Ltd. Vs. Emmet
Ans : (A)

71. As a legislative sequal to the Oleum Gas leak case, the Indian Parliament enacted a law. Which of the following was that legislation ?
(A) National Environment Tribunal Act
(B) Hazardous Waste (Management and Handling) Act
(C) Public Liability Insurance Act
(D) Bhopal Gas Leak Disaster (Processing of Claims) Act
Ans : (C)

72. Torts ‘Actionable perse’ are those torts—
(A) In which the plaintiff will have to prove special damage
(B) In which liability arises without intention or negligence
(C) In which some public right is infringed coupled with particular damage
(D) In which the plaintiff can sue even though he has suffered no actual loss
Ans : (D)

73. The exception of ‘Act of God’ was attached to—
(A) The Rule of strict liability
(B) The Rule of absolute liability
(C) The Rule of contribution
(D) Joint tort feasors
Ans : (A)

74. Which of the following requirements from an essential element of the defence of fair comment in the tort of defamation ?
1. The matter commented on must be of public interest.
2. It must be an assertion of fact.
3. It must be an expression of opinion.
4. The comment must be fair
Select the correct answer using the codes given below—
Codes :
(A) 1, 2, 3 and 4
(B) 1, 3 and 4
(C) 1 and 2
(D) 2 and 3
Ans : (B)

75. An appropriate remedy for tort is an action for—
(A) Injunction
(B) Prosecution
(C) Unliquidated damages
(D) All are correct
Ans : (C)

76. There is a children’s school by the side of a highway. While classes are going on, two children of the school stray on the highway. A truck is moving on the highway at narmal speed. While trying to avoid hitting the children, the truck collides with a bullock-cart. One person is injured, the bullocks die and the truck is also damaged. Which one of the following propositions correctly describes the liability ?
(A) The school administration would be liable because they were negligent
(B) The truck driver shall be liable because he did not take care
(C) The bullock-cart puller would be liable because he has not taken due care
(D) The children would be liable as they have contributed to the accident
Ans : (A)

77. Strict liability under law of torts means—
(A) Liability that is very severe
(B) Liability for any dangerous activity
(C) Liability without the need to establish fault
(D) Liability for mass torts
Ans : (C)

78. Youssonpoff Vs. M.G.M. Pictures Ltd., is a leading case on which of the following ?
(A) Defamation
(B) Negligence
(C) Contributory Negligence
(D) Strict liability
Ans : (A)

79. Assertion (A) : Tort liability and criminal liability are similar in some respects only.
Reason (R) : Because both are based on a duty primarily fixed by law and the duty is towards persons generally.
Codes :
(A) Both (A) and (R) are true, but (R) is not the correct explanation of (A)
(B) Both (A) and (R) are true, and (R) is correct explanation of (A)
(C) (A) is true, but (R) is false
(D) (A) is false, but (R) is true
Ans : (A)

80. Which one of the following limitations to the rule of ‘Volenti non fit injuria’ is not correct?
(A) The consent should be free
(B) Consent to illegal act is no consent
(C) Consent in rescue cases is no consent
(D) More knowledge of the rist is not assumption to the risk
Ans : (D)

81. ‘A’ sings obscene songs near the gate of Girls Degree College, what offence he has committed ?
(A) Assault
(B) Outraging the modesty of a women
(C) Criminal intimidation
(D) Obscenity
Ans : (D)

82. The principal of criminal liability—
Actus non facit reum nisi mens sit rea—was developed by—
(A) Equity courts
(B) Comon law courts
(C) Courts of star chamber
(D) Curia Regis
Ans : (B)

83. Gorachand Gopee Vs. R is a leading case on—
(A) Insanity
(B) Common intention
(C) Common object
(D) None of the above
Ans : (D)

84. For a sexual intercourse by the husband against the will of his wife, to be a rape the age of the wife should be—
(A) Below 17 years
(B) Below 15 years
(C) Below 16 years
(D) Below 18 years
Ans : (B)

85. Assertion (A) : To constitute the offence of abetment it is not necessary that the act abetted should be committed.
Reason (R) : Because an abetment of an offence itself is an offence.
Codes :
(A) (A) is false, but (R) is true
(B) (A) is true, but (R) is false
(C) Both (A) and (R) are true, and (R) is the correct explanation of (A)
(D) Both (A) and (R) are true, but (R) is not the correct explanation of (A)
Ans : (C)

86. ‘X’ and ‘Y’ agree to commit theft in ‘Z’s house but no theft is actually committed, they are guilty of—
(A) No offence
(B) Abetment by conspiracy
(C) Abetment by instigation
(D) Criminal conspiracy
Ans : (D)

87. Match list-I with list-II and select the correct answer by using the code given below the lists—
List-I
(a) Insanity as a defence
(b) Common intention
(c) Necessity
(d) Mistake as a defence
List-II
1. Emperor Vs. Barendra Kumar Ghosh
2. R. Vs. Mcnaughten
3. Bhavojivaji Vs. Mulji Dayal
4. R. Vs. Dudley and Stephen
Codes :
(a) (b) (c) (d)
(A) 1 2 3 4
(B) 2 1 4 3
(C) 3 2 4 1
(D) 4 3 1 2
Ans : (B)

88. ‘A’ instigates ‘B’ to burn Z’s house. ‘B’ sets fire to the house and at the same time commits theft of property there. In this case—
(A) ‘A’ is guilty of theft by setting fire to the house
(B) ‘A’, though guilty of abetting the burning of the house, is not guilty of abetting the theft
(C) ‘A’ is guilty of abetting the burning of the house as well as abetting the offence of theft
(D) ‘A’ is neither guilty of abetting the burning of the house nor of theft
Ans : (B)

89. Some militants are hiding in a house occupied by an individual. Militants are engaged in an attack on the police party by firing from the house. The police persons, to defend themselves, fire towards the house and an innocent person in the house is hit by the bullet and dies as a result thereof. The police persons are guilty of—
(A) No offence as they can claim the right of private defence
(B) Culpable homicide not amounting to murder
(C) Murder
(D) Death by rash or negligent act
Ans : (A)

90. A amd B were going on a boat. Suddenly the boat began to sink. A pushed B in the river and saved himself. B was drowned—
(A) A is justified in pushing B as it was an act of necessity
(B) No necessity except private defence is justifiable in killing a man
(C) It was done under compulsion
(D) All of the above are incorrect
Ans : (D)

91. The general exception based on the maxim ‘de minimum non curat lex’ is—
(A) Triviality
(B) Accident
(C) Consent
(D) Self-defence
Ans : (A)

92. The Supreme Court decision State Vs. Mayor Hans George AIR 1965 SC 722 is famous for—
(A) Strict interpretation of the socio-economic offence statutes
(B) Condition of implied exclusion of a mens rea.
(C) Non-exclusion of mens rea unless the statute expressly requires so
(D) None of the above
Ans : (C)

93. In which of the following case, The Supreme Court held that “Persistent demand of dowry is cruelty against wife” ?
(A) Hafizunissan Vs. Mohamad Yasin Khan
(B) Mohammed Ahmad Khan Vs. Shah Bano
(C) Anuradha Vs. Dr. Srikant
(D) Nijhawan Vs. Nijhawan
Ans : (C)

94. “In every statute mens rea is to be implied unless contrary is shown.” This view was expressed in—
(A) Harding Vs. Price
(B) R. Vs. Dudley
(C) Sherras Vs. De Rutzen
(D) R. Vs. Lipman
Ans : (C)

95. ‘A’ instigates ‘B’ to murder ‘C’. ‘B’ refuses to do so. In this case ‘A’ is liable to—
(A) Guilty of no offence
(B) Guilty of obetting ‘B’ to commit murder
(C) Guilty of murder
(D) None of the above
Ans : (B)

96. What is the minimum of persons required to further the common object ?
(A) 2 or more than 2 persons
(B) 4 persons
(C) 5 or more than 5 persons
(D) Number of persons is not certain
Ans : (C)

97. ‘A’ occasionally has sexual intercourse with the wife of ‘C’ without his consent. Under which Section of IPC ‘C’ can seek remedy ?
(A) 494
(B) 495
(C) 496
(D) 497
Ans : (D)

98. The father and mother-in-law of a woman subject her to cruelty for dowry. Which of the following Section of IPC provides punishment ?
(A) Sec. 323
(B) Sec. 350
(C) Sec. 349
(D) Sec. 498 A
Ans : (D)

99. Against which of the following offences right of private defence of body does not extend to the causing of death ?
(A) Rape
(B) Gratifying unnatural offence
(C) Causing miscarriage
(D) Kidnapping
Ans : (C)

100. The provision of India Penal Code have come into operation from the date ?
(A) November 30, 1861
(B) January 1, 1862
(C) July 1, 1862
(D) December 31, 1862
Ans : (B)

101. Which of the following is not an essential element of fraud ?
(A) It must be committed with an intention to deceive another party
(B) The person making false statement knows that it is false
(C) It must be committed by a party to the contract
(D) None of the above
Ans : (C)

102. Which one of the following cases is related to frustration of contract ?
(A) Carlill Vs. Carbolic Smoke Ball Co.
(B) Hadley Vs. Baxendale
(C) Derry Vs. Peek
(D) Raja Dhruvdeo Chand Vs. Harmohinder Singh & others
Ans : (D)

103. A promises to paint a picture for B. B afterwards forbids him to do so. A is no longer bound to perform to promise under which of the following Section ?
(A) Section–63
(B) Section–62
(C) Section–64
(D) Section–65
Ans : (A)

104. Assertion (A) : A party to the contract excuses himself from performing his part of contract, on the ground that he is left with no money or property to pay.
Reason (R) : An agreement to do an impossible act in itself is void and both parties are discharged from future performance.
Make the correct answer from the codes given below—
Codes :
(A) Both (A) and (R) are true, and (R) is the correct explanation of (A)
(B) Both (A) and (R) are true, but (R) is not correct explanation of (A)
(D) (A) is true, but (R) is false
(C) (A) is false, but (R) is true
Ans : (D)

105. A knows that his horse had a damaged hoof which he filled up in such a way as to defy detection and sold it to ‘B’. This defect was subsequently discovered by ‘B’. The act of ‘A’ will amount to—
(A) A false suggestion
(B) Active concealment of fact
(C) Misrepresentation
(D) Mistake
Ans : (B)

106. Match list-I with list-II and select the correct by using the codes given below the list—
List–I
(a) Ramsgate Victoria Hotel Co.
Vs. Montefiore
(b) Tinn Vs. Hoffmann
(c) Household Fire Insurance Co. Vs. Grant
(d) Fitch Vs. Snedaker
List-II
1. Acceptance complete when letter of acceptance posted.
2. Cross offers do not create contract.
3. Communication of offer cannot be waived.
4. Unreasonable delay in accepting offer causes it to lapse.
Codes :
(a) (b) (c) (d)
(A) 1 2 3 4
(B) 4 2 1 3
(C) 3 4 2 1
(D) 2 3 1 4
Ans : (B)

107. A promises B to pay C Rs. 10,000 A does not pay the amount to C. A can be forced to make payment by—
(A) ‘B’ only
(B) ‘C’ only
(C) ‘B’ and ‘C’ together
(D) None of the above
Ans : (A)

108. An agreement in restraint of trade is void, if it imposes—
(A) An absoulte restraint
(B) A partial restraint
(C) Both (A) and (B)
(D) None of the above
Ans : (C)

109. ‘A’ promises to pay a sum of Rs. 50,000 to ‘B’, a judge to decide the case in his favour. It is—
(A) A valid contract
(B) A voidable contract
(C) A void contract
(D) An illegal agreement
Ans : (C)

110. Which of the following statement is not correct ?
(A) Illegal agreements affect-colateral transactions
(B) An agreement without consideration is void
(C) Consideration must be given by the promisee alone
(D) None of the above
Ans : (C)

111. “No one will be allowed to enrich himself at the cost of another.”
This principle is known as—
(A) Nudum pactum
(B) Quasi-contract
(C) Quantum-Merit
(D) Quantum-Valebat
Ans : (B)

112. A, B and C enter into an agreement for the division among them of gains to be acquired by them by fraud—
(A) The agreement is void
(B) The agreement is valid
(C) The agreement is voidable
(D) None of the above
Ans : (A)

113. ‘A’ is indebted to ‘B’, but the debt is barred by Limitation Act. A signs a written promise to pay Rs. 10,000 to ‘B’ on account of the debt. This agreement is—
(A) Valid
(B) Void
(C) Voidable
(D) None of the above
Ans : (A)

114. Which of the following is not a person of unsound mind ?
(A) Insane
(B) Idiot
(C) A person under the influence of liquor
(D) None of the above
Ans : (D)

115. Goods kept in show-case of a shop indicating price is—
(A) Offer
(B) Acceptance for offer
(C) Invitation to offer
(D) None of the above
Ans : (C)

116. Which of the following is required for an effective mistake of fact ?
(A) It must be a mistake of both the parties
(B) Fact must be essential to the agreement
(C) Mistake must be about existing fact
(D) All of the above
Ans : (D)

117. A minor mortgaged his house in favour of a money lender to secure a loan of Rs. 20,000 taken for his education. Money lender secures payment but minor refuses to pay for. Point out the correct legal position—
(A) Minor is not liable to pay loan as the contract is void
(B) Money lender can recover the rent from the estate of the minor
(C) Minor is personally liable to pay the loan.
(D) Minor will be bound by the mortgage, but not by the loan
Ans : (B)

118. “When consent to an agreement is caused by coercion, undue influence, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused” under which one of the following section ?
(A) Section 19
(B) Section 19 A
(C) Section 19 and 19 A
(D) None of the above section
Ans : (C)

119. “Public policy is a unruly horse, and when once you get astride it, you never know where it will carry you.” This quotation is related to—
(A) Gherulal Vs. Mahadeodas
(B) Richardson Vs. Mellish
(C) Fender Vs. John Mildmay
(D) Egerton Vs. Brownlaw
Ans : (B)

120. ‘A’ is trading with several types of oils. ‘A’ agrees to sell to ‘B’ “a hundred tons of oil” the agreement is void, because—
(A) It is uncertain
(B) There is no consideration
(C) There is no free consent
(D) None of the above
Ans : (A)