1. PRINCIPLE: He, who goes to the court of law to seek justice, must come with clean hands.
FACTS: P enters into a contract with S under which S has to construct a house for P and has to complete the same within one year from the date of the contract. This contract includes two very important terms. According to the first term, if there is price hike of the materials to be used in the construction, then the escalation charges at a particular rate shall be payable by P to S. According to the second term, if the construction of the house is not completed within the period prescribed for it, then S will have to pay penalty at a particular rate to P. Before the completion of the construction work the workers of S go on strike and the strike continues up to three months even after the expiry of one year. After that period the workers return and the construction work again starts. During the three months’ period of strike there was a considerable rise in the price of the building material. S claimed escalation cost from P. P did not agree to it. S filed a suit in the court of law either to order the payment of the price of the building material on the basis of escalated price or to allow him to stop the work without incurring any penal liability towards P.
(a) S will succeed as strike by his workers was unexpected and beyond his control.
(b) S can succeed as there is an escalation clause in the contract.
(c) S cannot succeed as he has failed to complete the construction work in time and strike cannot be treated as a valid excuse for delay in work.
(d) S can succeed if he pays penalty to P for delay.
2. PRINCIPLE: If the object of an agreement is or becomes unlawful or immoral or opposed to public policy in the eyes of law, then the courts will not enforce such agreements. Law generally prohibits Child labour.
FACTS: P enters into an agreement with T by which P has to let his house to T for two years and T has to pay Rs. 20,000 per month to P as rent. T starts a child care centre in that house. But after some time in order to earn some money for the maintenance of the centre, T starts sending the children of the centre on rotation basis to work for four hours a day in some nearby chemical and hazardous factories. When P comes to know about this new development, he asks T either to stop the children from working in factories or to leave his house immediately. T neither agrees to leave the house nor to stop the children from working in the factories. P files a suit in the court of law for appropriate relief/action.
(a) P cannot succeed as the agreement was for two years and it cannot be terminated before the expiry of that period.
(b) P cannot succeed as the object at the time of making of the agreement was not clear.
(c) P will succeed as the object of the agreement has become unlawful.
(d) P will not succeed if T agrees to share the wages of the children with P.
The answers are: 1. (c); 2. (c)
Directions (Qs. 1 and 2): Read the information given below and answer the questions that follow.
(i) ‘P x Q’ means ‘P is brother of Q’
(ii) ‘P – Q’ means ‘P is sister of Q’
(iii) ‘P + Q’ means ‘P is father of Q’
(iv) ‘P ÷ Q’ means ‘P is mother of Q’
1. Which of the following represents ‘M is nephew of N?
(a) N – K + M
(b) N x K ÷ M
(c) N ÷ K x M
(d) N – K + M x T.
2. How is T related to D in the expression: H + T ÷ R – D?
(c) Nephew or Niece
(d) None of these.
Directions (Qs. 3 and 4): Study the following information to answer the given questions:
In a certain code, ‘ze lo ka gi’ is a code for ‘must save some money’, ‘fe ka so ni’ is a code for ‘he made good money’; ‘ni to da so’ is a code for ‘he must be good’ and ‘we so ze da’ is a code for ‘be good save grace.’
3. Which of the following is the code of ‘must’?
4. What does the code ‘ze’ stand for?
The answers are: 1. (d); 2. (d); 3. (c); 4. (d).
1. In response to the criticism about the methods used by his poll predicting agency, a leading psephologist Mannoy Toy, replied: “I realise there are some shortcomings to the questionnaire method that we have applied to do the survey. However, since we have ensured that we send a copy of the questionnaire to every home in each of the constituency where we have carried out our survey, we believe the results to be quite representative…..We think the numbers received are so large that it overcomes the lack of a scientific approach that might have crept into our survey.
The writer of the above statement makes which of the following assumptions?
(a) A high proportion of the respondents who have received the questionnaire have replied to the same.
(b) A majority of the voters in the constituency live in homes.
(c) The method of data collection used by the agency is unscientific.
(d) A large, absolute number of replies automatically guarantee the accuracy of the results.
2. New age problems require new age solutions. Further new age problems arise with new age populations and new age technologies. In order to find solutions to these problems we need to build new age institutions as well as new age political, economic and social mechanisms. Yet, institutions and political and economic mechanisms grow slowly and die slowly. Hence, new age institutions should be given every chance of trying to achieve success in their objectives.
The argument above rests on which of the following assumptions?
(a) New age institutions are needed because old institutions are inefficient.
(b) New age institutions are created in order to solve existing problems.
(c) Over a course of time, as an institution grows, it has chances of succeeding in its objectives.
(d) None of these.
The answers are: 1. (d); 2. (c).