19 February 2024

Daily practice questions for CLAT - (19 February 2024)



For a contract to be valid, the consent of the parties must be genuine. The principle of consensus-ad-idem is followed. Mere consent is not enough for a contract to be enforceable; the consent given must be free and voluntary. The definition of free consent provided under the Indian Contracts Act is consent that is free from coercion, undue influence, fraud, misrepresentation or mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation, or mistake. Clearly, free consent means the absence of any kind of coercion, undue influence, fraud, misrepresentation, or mistake. When the consent that is given is affected by these elements, it calls into question whether the consent given was free and voluntary. The objective of this principle is to ensure that the judgment of the parties while entering into the contract wasn’t clouded. Therefore, consent given under coercion, undue influence, fraud, misrepresentation or mistake has the potential to invalidate the contract. Free consent is absolutely essential to make an agreement a valid contract. The importance of free consent cannot be stressed enough. The consent of the parties to the contract must be free and voluntary. Consent to the contract has to be given without any kind of pressure or delusions.

Question1:- On a sunny day, Mohan decided to go out for a walk. However, he encounters Niraj, an armed stranger, who pulls out his gun on seeing Mohan and asks him to hand over his possessions. Mohan hands over his possessions to Niraj. How has Mohan’s consent been obtained in the given case?
  • A. Mohan consented freely to give his possessions to Niraj.
  • B. Mohan was under undue influence while consenting to Niraj.
  • C. Mohan was under coercion while consenting to Niraj.
  • D. Mohan was under a mistake of fact while giving his consent.
Answer is C is correct. Section 15 of the Indian Contract Act,1872, states that coercion is 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. Here, the act of threatening Mohan by pulling out his gun and asking him to hand over his possessions by Niraj fulfils all the requisite conditions of consent obtained by coercion. Therefore, Option C is the appropriate response.
Question2:- Samuel sold his luxury watch for a nominal price to his teacher, Mr. Knowledgeable, in lieu of getting good grades in his examinations. How has Samuel’s consent been obtained in the given case?
  • A. Samuel’s consent was obtained by undue influence.
  • B. Samuel’s consent was obtained by fraud.
  • C. Samuel’s consent was obtained by misrepresentation.
  • D. Samuel’s consent was obtained freely.
Answer is A is correct. Section 16 of the Indian Contract Act states that undue influence occurs when one party is in a fiduciary position and wrongfully controls the other party by using their dominant position taking unfair advantage of the other party. In the aforementioned case, all the essential ingredients of consent by undue influence are present. Therefore, Option A is the correct answer.
Question3:- Section 13 of the Indian Contract Act defines ‘consent’. What is meant by the term ‘consensus ad idem’ in the context of a valid contract?
1. Meeting of minds of both the parties to the contract.
2. Consent vitiated by unfair means.
3. Agreeing to the same thing in the same sense.
  • A. Both 1 and 2.
  • B. 1, 2 and 3.
  • C. Only 2.
  • D. Both 1 and 3.
Answer is D is correct. Consensus ad idem’ means ‘agreeing to the same thing in the same sense’ and it also implies ‘meeting of minds of both the parties to the contract’ in the context of a valid contract. However, consent vitiated by unfair means is not consensus ad idem as per the Indian Contract Act. Therefore, Option D is the correct answer.
Question4:- Adam wanted to sell his Top-brand scooter for a sum of Rs. 28,000. He approached Brad with the offer, who agreed to the contract under the belief that Adam wanted to sell his Mop-brand scooter. Determine the validity of such a contract.
  • A. The contract between Adam and Brad is valid.
  • B. The contract between Adam and Brad is voidable.
  • C. The contract between Adam and Brad is void.
  • D. The contract between Adam and Brad is illegal.
Answer is C is correct. The contract under the given circumstances between Adam and Brad is made upon a common mistake, as both the parties misunderstood each other and there was no consensus ad idem. Section 20 of the Indian Contract Act states that a contract arising out of a common mistake is considered to be void. Therefore, Option C is the appropriate response.
Question5:- Monet wanted to purchase a cat. He goes to Nick’s store where he inquires about a particular cat that Nick knows to be of unsound mind. However, Nick maintained silence when asked by Monet about the condition of the cat. Monet, unaware of the condition of the cat, purchases it. Determine the validity of such a contract.
  • A. The contract between Monet and Nick is valid
  • B. The contract between Monet and Nick is voidable.
  • C. The contract between Monet and Nick is void.
  • D. The contract between Monet and Nick is illegal.
Answer is B is correct. According to Section 17 of the Indian Contract Act, 1872, when a party contracts with the other party with the intention to deceive, it amounts to fraud. The silence of Nick, when asked about the cat’s condition by Monet, specifically amounts to fraud, and the contracts raised out of fraud are voidable contracts. Therefore, Option B is the correct answer.

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