Legal Aptitude Test
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Each question consists of legal principle(s) (hereinafter referred to as 'principle') and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. You have to apply the principles to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. Remember: you must not rely on any principle except the principles that are given for every question.
Legal Aptitude Test
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25 Questions

1. Legal Principle: The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.
Factual Situation: 'A' sent a letter making a proposal to 'B' to purchase the house of 'B'. (CLAT 2016)
2. Factual Situation: The plaintiffs offered to provide delivery of a machine tool for a price of ` 75,535. The delivery of the tool was set for 10 months, with the condition that orders only qualified as accepted once the terms in the quotation were met and prevailed over any of the buyer's terms. The buyer responded to the offer with their own terms and conditions, which did not include the 'price variation clause' listed in the seller's terms. This included a response section which required a signature and to be returned in order to accept the order. The sellers returned this response slip with a cover letter signaling that delivery would be in accordance with their original quotation. The tool was ready for delivery but the buyers could not accept delivery, for which the sellers increased the price which was in line with their initial terms. This was denied by the buyer and an action was brought by the seller to claim the cost of delay and interest. Was a contract made with or without a price variation clause? (AILET 2018)
3. Legal Principle: When an act which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
Factual Situation: X, under the influence of madness, attempts to kill Y. (CLAT 2014)
4. Legal Principle: In case of a breach of contract, compensation can be awarded for the personal inconvenience suffered by a party by reason of the breach, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract to be likely to result from the breach of it.
Factual Situation: Sunita and Sushmita bought bus tickets for a journey from Adyar to Mandaveli. The bus was to go to St. Thomas Mount via Mandaveli. However, the driver mistakenly took a wrong direction and the two girls were dropped at a distance of 2½ miles from Mandaveli on the highway. With no other transportation in sight nor a place to stay, the two had to walk 2½ miles at midnight. Later they filed a case against the bus company and claimed 5,000 as damages for inconvenience caused in having to walk and 6,500 for Sushmita having fallen ill by catching cold during the night. (AILET 2012)
Decision:
5. Principle: Everyone shall be permitted to take advantage of his own wrong. Facts: A legatee was heavily drunk and driving his car at a speed of 100 Km/per hour in a crowded market. All of a sudden his testator came on the road. There were other people on the road at that time. The car driven by legatee hit the testator and four other persons. All the five persons hit by the car died. (CLAT 2019)
6. Legal Principle: 1. No fault liability means liability of a person even without any negligent act on his part and even if he has taken due care and caution. 2. If a person brings and keeps any dangerous thing on his land, then he is liable for any damage caused if the thing escapes. 3. No one can be penalized for an Act of God which is unforeseeable and unpredictable.
Factual Situation: B owned and managed a company supplying electricity to the nearby locality. On a particular windy and stormy day, one of the wires snapped and was hanging down. A, a cyclist who was driving in the night, saw the wire from a distance. There was a nearby streetlight with low visibility. He came in contact with the wire and was electrocuted immediately. His heirs sued A on grounds of strict liability. Decide. (AILET 2014)
Decision:
7. Legal Principle: Acceptance (of offer) must be communicated by the offeree to the offeror so as to give rise to a binding obligation. The expression 'by the offeree to the offeror' includes communication between their authorized agents.
Factual Situation: X made an offer to buy Y's property for a stipulated price. Y accepted it and communicated his acceptance to Z, a stranger. Which of the following derivations is CORRECT? (CLAT 2014)
8. Principle: Whoever by words publishes any imputation concerning any person is said to defame that person. Facts: During a marriage ceremony, A circulated a pamphlet saying sister of the bride 'S' is a thief, she has stolen the shoes of the bridegroom. (CLAT 2019)
9. Legal Principle: Vicarious liability is the liability of the master or principle for the tort committed by his servant or agent, provided the tort is committed in the course of employment. The master or principle is not liable for private wrongs of the servant/ agent.
Factual Situation: X hands over some cash money at his house to Y, who is his (X's) neighbour and is also cashier in a bank, to be deposited in A's account in the bank. Instead of depositing the money, Y misappropriates it. Which of the following statements depicts correct legal position in this given situation? (CLAT 2014)
10. Principle: Employer is liable for the injury caused to the employee in the course of his employment. Facts: X organized a party and hired a caterer. During the party, generator set went out of order and he requested one employee of caterer i.e. Y to bring the mechanic on his vehicle and promised to pay 1000 for the same to Y. Y met with an accident while going to fetch the mechanic and he seeks compensation. (CLAT 2019)
11. Principle: An agreement without free consent can be enforced only at the option of the party whose consent was not free. Facts: A obtains the consent of B to enter into an agreement by putting a gun on the head of B's girl friend. (CLAT 2019)
12. P, Q and R made a joint promise to give S, a sum of '3000. S recovered the whole amount from P. Q was declared insolvent and cannot give anything. Which statement out of the following is correct? (CLAT 2012)
13. Legal Principle: When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirely, the other party may put an end to the contract.
Factual Situation: A engaged B on April 12 to enter his service on June 1, but on May 11, a wrote to B that his services would not be needed. On May 22, B joined C for employment. (CLAT 2013)
14. Legal Principle: Doctrine of Double Jeopardy. No person shall be prosecuted and punished for the same offence twice.
Factual Situation: Maqbool brought some gold into India without making any declaration to Custom department on the airport. The custom authorities confiscated the gold under the Sea Customs Act. Maqbool was later charged for having committed an offence under Foreign Exchange Regulation Act. (CLAT 2015)
15. Anil entered into a contract with Subhash for sale and purchase of a horse which, at the time of entering into a contract, was dead without the knowledge of both the parties. As a result of this, Anil could not sell the horse as per the contract. Advise Subhash. (SET LAW 2012)
16. Principle: Nothing is an offence by reason of any harm it may cause to another person, if it is done in good faith and for the benefit of that person even without that person's consent. Facts: A is attacked by a Lion and Lion drags him while he is crying for help. B, a passer by picks up A's gun in good faith and fires at Lion which injures A. B has never used the gun before. (CLAT 2019)
17. Legal 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. Factual situation: 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 '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. (CLAT 2012)
18. Assertion (A): A void contract is not necessarily illegal. Reason (R): Every illegal contract is void. (CLAT 2012)
19. Legal Principle: 1. Parties to contract should be capable of entering into a contract, only then they can lay the foundation of a valid contract. 2. Every person is competent to contract who is of the age of majority.
Factual Situation: A minor agreed with B to become a tenant of his house and to pay ` 1,000 for the furniture therein. He paid ` 800 in cash and gave a promissory note for the balance. A occupied the premises and used the furniture for some months and then brought an action for refund of consideration. In this case (AILET 2013)
Decision:
20. In which of the following cases, X is guilty of attempting to commit the offence? (AILET 2019)
21. Legal Principle: Mere silence as to facts likely to affect the decision of a person to enter into a contract does not amount to fraud, unless his silence is in itself equivalent to speech.
Factual Situation: A sells to B a horse which A knows to be of unsound mind. B says to A that if A does not say anything about the state of mind of horse, then B shall presume that the horse is of sound mind. A says nothing to B about the mental condition of horse. (CLAT 2013)
22. Principle: Law never enforces an impossible promise. Facts: 'A' made a promise to 'B' to discover treasure by magic. (CLAT 2019)
23. Principle: A spouse is not permitted to put in evidence in any court, any communication during marriage between the spouses without the consent of the person who made the communication. Facts: X who is the wife of Y saw her husband (Y) coming out of the neighbour's house at 6.00 am in the morning. Y told his wife X that he has murdered the neighbour and handed over the jewellery of that neighbour to his wife. (CLAT 2019)
24. Legal Principle: No person shall be deprived of his life or personal liberty except according to procedure established by law and Civil Courts have coercive powers to compel attendance of witness only within its local territory.
Factual Situation: Puchu, a resident of Faridabad was summoned by the Delhi High Court as a witness in a civil case regarding wrongful possession of immovable property filed by Amu against Kichu. He refused to appear before the court due to his office job. He was prosecuted by the court. Is he liable? (AILET 2016)
Decision:
25. Principle: Doing of an act which causes common injury, danger or annoyance to public or which is likely to cause such injury or annoyance is Public nuisance. A common nuisance is not excused because it causes some nuisance or advantage. Facts:'A' a farmer having large farmlands burns crop residue (stubble) on his fields after harvesting the crop to make the field ready for next crop as this is the easy, fast and convenient method of making the field ready for next crop. His farmlands are adjoining a densely inhabited residential area and people pass through the smoke while travelling on the road adjoining his farmlands. The smoke caused by fire also enters the houses in the colony (CLAT 2019)