CLAT 2012

Principle: Ignorance of Fact is excused but ignorance of law is no excuse

Fact: X was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the Airport of Bombay on 28 Nov. 1962 it was found on searching that X carried 34 kg of Gold Bars on his person and that he had not declared it in the 'Manifest for Transit'. On 26th November, 1962 the Government of India had issued a notification modifying its earlier exemption, making it mandatory now that the gold must be declared in the 'Manifest" of the aircraft.

Principle: Proposal (communication) + Acceptance (communication) + Consideration = Contract. The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.

Facts: X's nephew absconded from home. He sent his servant in search of the boy. After the servant had left, X by handbills offered to pay Rs. 501 to anybody finding his nephew. The servant came to know of this offer only after he had already traced the missing child. He, therefore, brought an action to recover the reward.

Principle: Agreements, the meaning of which is not certain, or not capable of being made certain, are void.

Facts: A horse was bought for a certain price coupled with a promise to give Rs. 500 more if the horse is proved lucky.

Principle: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not a fraud, unless the circumstances of the case are such that. on close
examination it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.

Facts: X sells by auction to Y, a horse which X knows to be of unsound state of mind. X says nothing to V about the horse's unsound state of mind. Give the correct answer—

Principle: Any direct physical interference with goods in somebody's possession without lawful justification is called trespass of goods.

Facts: Z purchased a car from a person who had no title to it and sent it to a garage for repair. X believing wrongly that the car was his, removed it from the garage.

Assertion (A): A void contract is not necessarily illegal
Reason (R): Every illegal contract is void.

Assertion (A): The Indian Constitution was adopted on 26th November, 1949.
Reason (R): Law Day is celebrated in India on 26th November every year.

Assertion (A): The State shall not make any law, which takes away or abridges the rights conferred by Part III (Fundamental Rights) and any law made in contravention of this clause shall, to the extent of the contravention, be void.

Reason (R): The fundamental rights are the rights reserved by the people and for this reason they are eternal and sacrosanct.

Assertion (A): Directive Principles of State Policy contained in Part IV shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Reason (R): Directive Principles of State Policy and Fundamental Rights are both complementary to each other but in case of any controversy fundamental rights will prevail.

Assertion (A): All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Reason (R): Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.