CLAT 2021 Question Paper With Answers & Explanation
Legal Reasoning
Passage – 1
The Indian Penal Code, 1860 does not define ‘consent’ in positive terms, but what cannot be regarded as ‘consent’ under the
Code is explained by Section 90. Section 90 reads as follows:
“90. Consent known to be given under fear or misconception - A consent is not such a consent as is intended by any section
of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing
the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception;...” Consent
given firstly under fear of injury and secondly under a misconception of fact is not ‘consent’ at all. That is what is enjoined by
the first part of Section 90. These two grounds specified in Section 90 are analogous to coercion and mistake of fact which are
the familiar grounds that can vitiate a transaction under the jurisprudence of our country as well as other countries. The factors
set out in the first part of Section 90 are from the point of view of the victim. The second part of Section 90 enacts the
corresponding provision from the point of view of the accused. It envisages that the accused too has knowledge or has reason
to believe that the consent was given by the victim in consequence of fear of injury or misconception of fact. Thus, the second
part lays emphasis on the knowledge or reasonable belief of the person who obtains the tainted consent. The requirements of
both the parts should be cumulatively satisfied. In other words, the court has to see whether the person giving the consent had
given it under fear of injury or misconception of fact and the court should also be satisfied that the person doing the act i.e. the
alleged offender, is conscious of the fact or should have reason to think that but for the fear or misconception, the consent
would not have been given. This is the scheme of Section 90 which is couched in negative terminology. Section 90 cannot,
however, be construed as an exhaustive definition of consent for the purposes of the Indian Penal Code, 1860. The normal
connotation and concept of ‘consent’ is not intended to be excluded. Various decisions of the High Court and of Supreme Court
have not merely gone by the language of Section 90, but travelled a wider field, guided by the etymology of the word ‘consent’.
Q. 1 ‘A’, a man, promises ‘B’, a woman that he will marry her if she has sexual intercourse with him. ‘B’ agrees, but after
having sexual intercourse, ‘A’ flees and never contacts ‘B’ again. In the given situation, which statement is true?
Option (C) explains that while giving consent for an act which
might prove injurious to a party, if he does so without any fear of
injury and the court sees no reason to believe that the agreement
is being given under misconception of fact or fear of injury it would
be considered as free consent, making it the correct answer.
Q. 3 According to your understanding of the given passage, why is negative terminology used to explain the meaning of
consent under Section 90?
Negative terminology is used under Section 90 in order to highlight
that the scope of definition of consent under IPC is non-exhaustive
and may contain other aspects as well makingoption D is the correct
answer.
Q. 4 ‘X’, a man, promises ‘Y’, a woman that he will marry her if she has sexual intercourse with him. ‘Y’ agrees and they have
sexual intercourse. Thereafter, ‘X’ assures ‘Y’ that they will get married, but X’s family is opposed to the marriage even
after X’s attempts to convince them. Therefore, ‘X’ refuses to marry ‘Y’. In the given situation, which statement is true?
In the given case there was no misconception of fact. X frankly
believed that he could marry Y and the opposition he received was
something which he was unaware at the time of making the promise.
Option (B) is the correct answer.
Q. 5 According to the given passage, which of the following statements is not true?
Option (C) is the correct answer as the statement given in option
(C) that misconception of fact removes the necessity of consent is
legally incorrect as per the information provided in the passage.
Passage – 2
Compassionate appointment is an exception to the general rule of appointment which is a way of providing employment to the
family of the deceased employee on compassionate grounds. The objective is only to provide solace and succour to the family
in difficult times and, thus, its relevancy is at that stage of time when the employee passes away. The mere death of an
employee in harness does not entitle his family to such source of livelihood. The authority concerned has to examine the
financial condition of the family of the deceased, and it is only if it is satisfied that, but for the provision of employment, the
family will not be able to meet the crisis that the job is offered to the eligible member of the family. It was further asseverated
in the said judgment that compassionate employment cannot be granted after a lapse of reasonable period as the consideration
of such employment is not a vested right which can be exercised at any time in the future. It was further held that the object of
compassionate appointment is to enable the family to get over the financial crisis that it faces at the time of the death of sole
breadwinner. Thus, compassionate appointment cannot be claimed or offered after a significant lapse of time and after the
crisis is over.
Q. 6 Which of the following correctly states the intent behind the application of compassionate appointment?
The norms that prevail in the family of the deceased on the date the
application is made is considered and not any other issue. It is
explicitly mentioned in the passage making option (D) the correct
answer.
Q. 7 Which of the following is not correct about the rule of compassionate appointment?
Compassionate appointment is not given to a family member
irrespective of their financial statement but is given to provide
solace and succor to the family in difficult time, as stated in the
passage making option (A) the correct answer. All other statements
are true.
Q. 8 Mr. Y, son of Mr. X, made a representation before ABC Government company on January 4, 2018 that he should be given
appointment on compassionate grounds as his father died during his employment in the company in 2000. Consider the
given facts and decide whether Mr. Y is entitled to get compassionate appointment.
Compassionate appointment has to be done within reasonable
period from the death of the family member and is given in order to
protect the family of the deceased from financial hardships. In the
given case, long time has passed since the death of the deceased
and the representation of Y is unjustified.
Q. 9 The Government of ‘N’ formulated a scheme for providing compassionate appointment to the dependants of Government
Servants who retired on medical invalidation. By a further notification, the benefit of the scheme was restricted to cases
where the Government Servants retired on medical invalidation, at least five years before attaining the age of
superannuation. Consider the given facts, and decide which of the following is correct in relation to the validity of this rule
of compassionate appointment?
Compassionate appointment has to be unarbitrary, and the
government has the power to formulate such schemes in the greater
good of the society making option (D) is the correct answer.
Q. 10 Which of the following is not correct regarding the nature of appointment on compassionate grounds?
Option (C) is the correct answer as it has been clearly mentioned
in the passage that "object of compassionate appointment is to
enable the family to get over the financial crisis that it faces at the
time of the death of sole breadwinner", thereby making the statement
given in option (C) factually incorrect.
Passage – 3
It is a well settled principle of Contract Law that parties cannot by contract exclude the jurisdiction of all courts. Such a
contract would constitute an agreement in restraint of legal proceedings and contravene Section 28 of the Indian Contract Act,
1872. However, where parties to a contract confer jurisdiction on one amongst multiple courts having proper jurisdiction, to the
exclusion of all other courts, the parties cannot be said to have ousted the jurisdiction of all courts. Such a contract is valid and
will bind the parties to a civil action.
Section 28. Agreements in restraint of legal proceedings, void-Every agreement, -
(a) by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the
usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights;
or
(b) which extinguishes the rights of any party thereto, or discharges any party thereto, from any liability, under or in respect
of any contract on the expiry of a specified period so as to restrict any party from enforcing his rights, is void to the
extent.
Parties cannot by agreement confer jurisdiction on a court which lacks the jurisdiction to adjudicate. But where several courts
would have jurisdiction to try the subject matter of the dispute, they can stipulate that a suit be brought exclusively before one
of the several courts, to the exclusion of the others.
Q. 11 ‘A’, a resident of Mumbai, and ‘B’, a resident of Delhi, enter into an agreement for sale and supply of goods. The
transaction takes place partly in Mumbai and partly in Delhi. There is a clause in the agreement which stipulates that
in the event of a dispute between ‘A’ and ‘B’, the courts in Kolkata would have exclusive jurisdiction to decide the
dispute. ‘A’ and ‘B’ agreed to the said clause in order to avoid dispute over choice between the two proper places of
jurisdiction- Mumbai and Delhi. In the given situation, which of the following statements is true?
In the given case courts in Kolkata do not have jurisdiction over the
said matter. Hence it is restraint of a legal proceeding.
Q. 12 ‘A’, a resident of Chennai, and ‘B’, a resident of Bengaluru, enter into an agreement for sale and supply of goods. The
transaction takes place partly in Chennai and partly in Bengaluru.There is a clause in the agreement which stipulates
that in the event of a dispute between ‘A’ and ‘B’, the courts in Chennai would have exclusive jurisdiction to decide the
dispute. ‘A’ and ‘B’ agreed to the said clause in order to avoid dispute over choice between the two proper places of
jurisdiction- Chennai and Bengaluru. In the given situation, which of the following statements is true?
The passage has stated that parties are free to finalize one particular
court which has jurisdiction to be the court if any dispute arises.
Under the given set of facts,Chennai has the jurisdiction to decide
the dispute making option (D) the correct answer.
Q. 13 ‘A’, a resident of Agra, and ‘B’, a resident of Bhubaneswar, enter into an agreement for sale and supply of goods. The
transaction takes place partly in Agra and partly in Bhubaneswar. There is a clause in the agreement which stipulates
that in the event of a dispute between ‘A’ and ‘B’, neither of them can approach the court of law or take recourse to any
alternative dispute resolution mechanism to settle the dispute. In the given situation, which of the following statements
is true?
The given clause restrains legal proceedings in its entirety making
the clause void, thereby option (A) is the correct answer.
Q. 14 ‘A’, a resident of Ahmedabad, and ‘B’, a resident of Ranchi, enter into an agreement for sale and supply of goods. The
transaction takes place partly in Ahmedabad and partly in Ranchi. Clause 6 of the agreement stipulates that in the event
of a dispute arising between ‘A’ and ‘B’ within six months of the entering into contract, they can approach a court in
either Ahmedabad or Ranchi (as both are proper places of jurisdiction), or take recourse to any alternative dispute
resolution mechanism to settle the dispute. Clause 7 of the agreement stipulates that in the event of a dispute arising
between ‘A’ and ‘B’ after the expiry of six months of entering into contract, the courts in Chennai would have exclusive
jurisdiction to decide the dispute. In the given situation, which of the following statements is true?
Option (B) is the correct answer as the parties through mutual
agreement by making a contract can exclude a court from trying a
case; all the other statements mentioned in options (A), (C) and (D)
are factually incoherent with the information given in the passage.
Passage – 4
Section 4 of the Indian Contract Act, 1872 reads as follows :
Communication when complete - The communication of a proposal is complete when it comes to the knowledge of the person
to whom it is made.
The communication of an acceptance is complete, - as against the proposer, when it is put in a course of transmission to him
so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer.
Thus, the provision makes no difference in the position of the offeror. The offeror becomes bound when a properly addressed
and adequately stamped letter of acceptance is posted. The acceptor does not become bound by merely posting his acceptance.
He becomes bound only when his acceptance comes to the knowledge of the proposer. The contract is concluded at the place
from where the proposal is accepted and communication of acceptance is dispatched, i.e., the address at which the proposal
was sent. The court at that place would have jurisdiction to entertain a cause of action under the contract. This rule, that the
communication of an acceptance is complete as against the proposer when the letter is posted, is probably intended to apply
only when the parties are at a distance and they communicate by post. “Where, however, the parties are in each other’s
presence or, though separated in space”, they are in direct communication, as, for example, by telephone, no contract will
arise until the offeror receives the notification of acceptance.
Q. 16 ‘S’ wanted to purchase shares of a company and communicated his offer to buy shares on March 1, 2021. A letter of
allotment of shares addressed to ‘S’, which is an acceptance of the offer to purchase shares, was posted by the
company on March 10, 2021, but the letter never reached ‘S’ and was lost in transit. In the given situation, which of the
following statements is true?
Communication of acceptance as against proposer is complete
when the acceptor sends the acceptance and it is complete as
against acceptor when it comes to the knowledge of the proposer.
Hence, option (B) is the correct answer.
Q. 17 ‘A’, who is in Mumbai, makes an offer for supply of goods to ‘B’, who is in Delhi, via a mobile phone call. During the same
call, A’s offer is absolutely and unconditionally accepted by ‘B’. According to the terms agreed between ‘A’ and ‘B’,
goods are to be supplied at Pune and payment is to be made electronically. In the given situation, where is the contract
concluded?
Option (D) is the correct answer and Mumbai is the place where
the contract has been concluded as when the acceptance given
by B and it came to the knowledge of A, at that time B was in
Mumbai and therefore the contract was concluded.
Q. 18 ‘X’, who is in Gandhinagar, makes an offer for sale of second-hand luxury car to ‘Y’, who is in Jammu, via an e-mail sent
on January 15, 2021 at 2:03 p.m. X’s offer is absolutely and unconditionally accepted by ‘Y’ via an e-mail sent on
January 15, 2021 at 4:04 p.m. The e-mail communicating acceptance is read by ‘X’ on January 15, 2021 at 7:05 p.m. In
the given situation, when is the contract concluded?
The acceptance is complete as against offeror when offeree
assents to his proposal i.e. on January 15, 2021 at 4:04 pm. It is
complete as against acceptor when it comes to the knowledge of
the proposer i.e. on January 15, 2021 at 7:05 p.m. Hence, option
(A) is the correct answer.
Q. 19 ‘X’, who is in Agra, makes an offer for sale of second-hand luxury car to ‘Y’, who is in Jammu, via an e-mail sent on
January 15, 2021 at 2:03 p.m. However, the e-mail did not reach ‘Y’ due to some technical error at the server which is
located in Delhi. Thereafter, ‘X’ makes a mobile phone call to ‘Y’ on January 15, 2021 at 4:04 p.m. and makes him the
same offer as was made in the e-mail. In the same mobile phone call, the offer is absolutely and unconditionally
accepted by ‘Y’ at 4:10 p.m. In the given situation, where is the contract concluded?
In the given case the contract is concluded at the place where the
offeror came to know about the offeree's acceptance i.e.Agra,
irrespective of the problem that arose. Hence Option (C) is the
correct answer.
Q. 20 “When the words of acceptance are spoken into the telephone, they are put into the course of transmission to the offerer
so as to be beyond the power of the acceptor. The acceptor cannot recall them.” In light of the given proposition, which
of the following statements is/are true?
I. The communication being instantaneous, the contract immediately arises.
II. The communication being instantaneous, the communication of acceptance is immediately complete as against
the proposer as well as the acceptor.
III. The communication being non-instantaneous, the communication of acceptance is complete as against the acceptor
when the words of acceptance are spoken into the telephone.
IV. The communication being non-instantaneous, the communication of acceptance is complete as against the proposer
when the words of acceptance are spoken into the telephone.
In the given case the communication is instantaneous. And it is
clearly given in the passage. Option c and d are false as they talk
about non instantaneous communications. Hence option (B) is the
correct answer.
Passage – 5
Marriage is necessarily the basis of social organisation and the foundation of important legal rights and obligations. The
importance and imperative character of the institution of marriage needs no comment. In Hindu Law, marriage is treated as a
Samskara or a sacrament. The Hindu Marriage Act, 1955 introduced monogamy as a law of marriage among Hindus by virtue
of Section 5 clause (i) which is essentially the voluntary union for life of one man with one woman to the exclusion of all others.
It enacts, “neither party must have a spouse living at the time of marriage”. The expression ‘spouse’ here used, means a
lawfully married husband or wife. Before a valid marriage can be solemnised, both parties to such marriage must be either
single or divorced or a widow or a widower and only then they are competent to enter into a valid marriage. If at the time of
performance of the marriage rites and ceremonies, one or other of the parties had a spouse living and the earlier marriage had
not already been set aside, the later marriage is no marriage at all. The Supreme Court in Bhaurao Shankar Lokhande v. State
of Maharashtra, [AIR 1965 SC 1564] held, “Prima facie, the expression ‘whoever marries’ in Section 494 of the Indian Penal
Code, 1860 (which defines the offence of bigamy) must mean ‘whoever marries validly’ or ‘whoever marries and whose marriage
is a valid one’. If marriage is not valid according to the law applicable to the parties, no question arises of its being void by
reason of its taking place during the life of the husband or wife of the person marrying. One of the conditions of a valid marriage
under the Hindu Marriage Act, 1955 is that it must be ‘solemnised’. Further, Section 13 (2) of the Act provides for grounds of
divorce to wife and states, “A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the
ground that in the case of any marriage solemnized before the commencement of this Act, that the husband had married again
before such commencement or that any other wife of the husband married before such commencement was alive at the time
of the solemnization of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the
presentation of the petition”.
Q. 21 Mr. A, a 40-year old male Hindu, was married to Ms. B, a 36-year old female Hindu. Mr. A fell in love with his colleague-
Ms. C, a 22-year old female Christian. On April 8, 2020, Mr. A declared Ms. C as his wife in front of all his colleagues,
family members and relatives. Based on the given facts, decide the liability of Mr. A as per Hindu Law.
Option (C) is the correct answeras by merely stating C to be his
wife without solemnizing the marriage will not make her the wife of
A, thus making him not liable for bigamy.
Q. 22 Which of the following statements correctly expresses the interpretation of the word ‘solemnise’ under Hindu Law?
The term solemnize refers to the conduction of the ceremony
involving the rites of the personal laws of either of the parties,
which has been mentioned in option a making it the correct answer.
Q. 23 Which of the following is not correct regarding the law of monogamy among Hindus?
Both statements mentioned in option (B) and (D) are incorrect as
statement in option b is factually incorrect and statement in option
(D) is incorrect as a second marriage during the subsistence of the
first marriage makes the person liable for the offence of bigamy.
Q. 24 On the basis of Section 13 of the Hindu Marriage Act, 1955, which of the following statements does not relate to the
remedy?
The opinion in section 13 does not relate to the remedy of divorce
as given in the passage. Hence, (B) is the correct answer.
Q. 25 Mr. P, a 28-year old male Hindu was legally married to Ms. Q, a 26-year old female Hindu. Mr. P converts to Islam to
marry Ms. N, a 30-year old Sunni female Muslim. Consider the statement and decide whether Ms. Q has the remedy to
file a complaint for the offence of bigamy against Mr. P.
Under 13(2) wife has the remedy to file a suit for divorce when
husband converts to other religions. Hence, option (D) is the correct
answer.
Passage – 6
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.
Q. 26 Which of the following statements correctly depicts the essentials of misrepresentation?
Option (A) correctly imbibes the idea of misrepresentation given in
the passage making it the correct answer. Option (B) talks about
comparison between misrepresentation and false representation
and options (C) and (D) contain statements which are factually
incorrect.
Q. 27 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 wall 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.
Statement I talks about the intent behind fraud while statement II
and III talk about the idea of active concealment on which the
concept of fraud is based upon, making option (C) the correct
answer.
Q. 28 Which of the following statements is correct?
Option (B) is the correct answer as it rightly points out the difference
between fraud and misrepresentation with the former involving
active concealment and inducement and the latter innocent
inducement.
Q. 29 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.
Under certain circumstances, when a duty is casted upon the
party to speak and the party remains silent knowing that his silence
would cause the other party wrongful loss he shall be held liable
for fraud. Hence, option (D) is the correct answer.
Q. 30 In which of the following statements will a contract not be voidable at the option of a party?
If the party had an option of discovering truth or knew truth then
the silence of the other party shall not amount fraud making option
(D) the correct answer.
Passage – 7
The doctrine of res judicata requires that a party should not be allowed to file same matter repeatedly against the other party
either in the same court or in other competent court and that the decision given by one court should be accepted as final
subject to any appeal, revision or review. The doctrine is founded on the principle that it is in the interest of the public at large
that a finality should be attached to the binding decisions pronounced by courts of competent jurisdiction, and it is also in the
public interest that individuals should not be vexed twice over with the same kind of litigation. This apart, the object of the
doctrine is to ensure that ultimately there should be an end to litigation. Doctrine of res judicata is embodied in Section 11 of
the Code of Civil Procedure, 1908 which governs the procedure to be followed in civil matters. Section 11 is inapplicable to writ
jurisdictions. The Supreme Court has observed that though the rule is technical in nature yet the general doctrine of res
judicata is based on public policy and therefore, it cannot be treated as irrelevant or inadmissible even in dealing with fundamental
rights in petitions filed under Article 32 of the Constitution of India. The court observed that if a writ petition filed by a party under
Article 226 of the Constitution of India is considered on merits as a contested matter and is dismissed, the decision thus
pronounced would continue to bind the parties unless it is otherwise modified or reversed in appeal or other appropriate
proceedings permissible under the Constitution of India. It would not be open to a party to ignore the judgment of the High Court
and move Supreme Court under Article 32 by an original petition made on the same facts and for obtaining the same or similar
orders or writs. If the petition filed in the High Court under Article 226 is dismissed but not on the merits, then the dismissal of
the writ petition would not constitute a bar to a subsequent petition under Article 32, however if the petition is dismissed without
passing a speaking order, then such dismissal cannot be treated as creating a bar of res judicata.
Q. 31 Which of the following is res judicata applicable to?
The doctrine of res judicata is applicable in civil suits as it is contained
in Section 11 of Code of Civil Procedure. In addition to this, as
stated in the passage "the general doctrine of res judicata is based
on public policy and therefore, it cannot be treated as irrelevant or
inadmissible even in dealing with fundamental rights in petitions
filed under Article 32 of the Constitution of India", making it applicable
on Writs as well, thereby option (D) is the correct answer.
Q. 32 Doctrine of res judicata is applicable to writs if
As stated in the passage that "if a writ petition filed by a party
under Article 226 of the Constitution of India is considered on
merits as a contested matter and is dismissed, the decision thus
pronounced would continue to bind the parties"and "if the petition
is dismissed without passing a speaking order, then such dismissal
cannot be treated as creating a bar of res judicata", thereby making
option (C) the correct answer.
Q. 33 On which of the following is the doctrine of res judicata based?
The objectives of res judicata as enshrined in the passage are that
the doctrine is made to put an end to litigations minimizing their
problems and bringing a finality to the decision of the court. Keeping
all these in mind, option (D) is the best choice.
The statements given in options (A) and (B) have been mentioned
explicitly in the passage making option (D) the correct answer.
Q. 35 Mr. X was dismissed from service by his employer after a proper enquiry. Mr. X challenged his dismissal in High Court
by a petition under Article 226 of the Constitution of India. However, the High Court dismissed the petition citing that Mr.
X has an alternative remedy available. Mr. X took recourse to the alternative remedy before the appropriate forum, but Mr.
X’s legal action is opposed by the employer on the basis of res judicata. Based on these facts, which of the following is
the most appropriate?
In the given case, seeking recourse under different forum simply
doesn't mean that the matter is being heard twice and is barred by
res judicata. Therefore, as an alternative remedy was favored by
X res judicata would not apply and option (B) would be the correct
answer.
Passage – 8
Harm suffered voluntarily does not constitute a legal injury and is not actionable. This principle is embodied in the maxim
volenti non fit injuria. A person cannot complain of harm to the chances of which he has exposed himself with his free consent
and free will. The maxim volenti non fit injuria is founded on good sense and justice. A person who has invited or assented to
an act being done towards him cannot, when he suffers from it, complain of it as a wrong. The maxim presupposes a tortious
act by the defendant. The maxim applies, in the first place, to intentional acts which would otherwise be tortious. There are
certain limitations to the application of this maxim:
(i) It is no answer to a claim made by a workman against his employer for injury caused through a breach by the employer
of a duty imposed upon him by a statute. But where the negligence or breach of statutory duty is on the part of an
employee of the plaintiff who knowingly accepts the risk flowing from such breach and the employer-defendant is not
guilty of negligence or breach of statutory duty, the defence of volenti non fit injuria is available to the defendant.
(ii) Under an exigency caused by the defendant’s wrongful misconduct, consciously and deliberately faced a risk, even of
death, whether the person endangered is one to whom he owes a duty of protection, as a member of his family, or is a
mere stranger to whom he owes no such special duty. The rescuer will not be deprived of his remedy merely because
the risk which he runs is not the same as that run by the person whom he rescues. But where there is no need to take
any risk, the person suffering harm in doing so cannot recover.
(iii) To cover a case of negligence the defence on the basis of the maxim must be based on implied agreement whether
amounting to contract or not. The defence is available only when the plaintiff freely and voluntarily, with full knowledge of
the nature and extent of the risk impliedly agreed to incur it and to waive any claim for injury. But when the plaintiff has
no choice or when the notice is given at a stage when it is beyond the ability of the plaintiff to make a choice there can
be no implied agreement and the defence on the basis of the maxim must fail.
(iv) The maxim will also not apply when the act relied upon is done because of the psychological condition which the
defendant’s breach of duty had induced.
Q. 36 Mr. A was the owner of a car and he had a driver- Mr. D. On January 19, 2021, Mr. A and Mr. D were travelling in their car
wherein Mr. A got down at a restaurant and told Mr. D to take the car back to Mr. A’s bungalow. Mr. D was filling the petrol
tank of the car, and two strangers- Mr. B and Mr. C took a lift from Mr. D in his car. The car went ahead and the right-side
front wheel of the car flew away, the car toppled and Mr. D and Mr. C were thrown out. Mr. C sustained severe injuries
and ultimately died due to those injuries on January 20, 2021. Mr. B and legal representatives of Mr. C claimed
compensation from Mr. A and Mr. D.
In the given case Mr C and Mr D voluntarily got into car with a
knowledge of the risk of an accident. It is given in the passage that
'A person who has invited or assented to an act being done towards
him cannot, when he suffers from it, complain of it as a wrong.'
Applying the same principle, option (B) is correct.
Q. 37 Rama was a spectator at a motor car race being held on a track owned by the defendant company. During the race,
there was a collision between two cars, one of the cars was thrown among the spectators, thereby injuring Rama
severely. Which of the following statements is correct?
In the given case, Rama went to watch the sport with an implied
consent of facing the risk involved. The collision of cars in race
track is foreseeable and expected. Hence the defense of volenti
non fit injuria would apply and option a would be the correct answer.
Q. 38 Which of the following is correct about consent in volenti non fit injuria?
It is clearly given in passage that knowledge alone is not sufficient
to claim volenti non fir injuria. One has to give free consent with
knowledge, for volenti non fit injuria to be applicable making option
(A) the correct answer
Q. 39 Lily had placed spring guns in a wood on her ground for the protection of the garden. Karan, with full knowledge that
there were spring guns somewhere in the wood, trespassed on the land of Lily and was injured. Which of the following
statements is correct?
In the given case the principle of volenti non fit injuria will be applicable
as Karan had the knowledge regarding the risk but by deciding to
go ahead consented to risk involved.
Q. 40 Which of the following is not an element to claim the defence of volenti non fit Injuria?
The statement given in option c is on of the exceptions to volenti
non fit injuria, where if the plaintiff's consent is not free and has
been taken forcefully it would not be a valid consent and volenti
non fit injuria would not apply.