Question Paper Code A
In this CLAT preparation series, we publish detailed answers to old CLAT exam questions well substantiated with statutory provisions, supporting judgments and easy illustrations.
Legal Aptitude:The section contains 50 questions. Each question contained legal principles based on statutory enactments and facts related to the same. These propositions may not be the true ones. The student has to presume that it is true for reaching the conclusion to the given problem. Four answer choices are given in each question from which the student has to select the most appropriate and reasonable conclusion based on the given principle. The section is aimed to test one’s ability in legal aptitude, awareness of the law, research aptitude and problem-solving ability. It may be noted that the most reasonable conclusion may be absurd or unacceptable for any reason, yet the student must adhere to the principle given to arrive at the same in the question.
Question 111. Principle: Acceptance of the proposal must be the exact mirror image of the proposal.
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Facts: ‘A’ made a proposal to B to sell a chair for ₹ 500. ‘B’, is desirous of buying the said chair for ₹ 400.
(A) B has accepted the proposal of A.
(B) B has not accepted the proposal of A.
(C) It is not clear if B has accepted the proposal of A.
(D) It is not clear whether A made a proposal to B.
Answer Detailed
Acceptance and Proposal are the terms related to Contract and the principle in the question is based on the Indian Contract Act, 1872.
In the Indian Contract Act term “proposal” is defined in Section 2(a) as follows:
“When one person signifies to another his willingness to do or to abstain from doing something with a view to obtaining the assent of other, such act or abstinence is said as a proposal.
Illustration: “A (I) want to sell my book to B(you) for ₹ 100”. This is an offer or proposal made by me(A) to you(B).
Acceptance in relation to contract means to agree or consent to an offer. As per the Indian Contract Act, the word acceptance is defined in Section 2(b): When the person to whom the proposal has been made signifies his assent thereto, the offer is said to be accepted. The proposal, when accepted, becomes a promise”.
Now take a look at the above illustration. It is an offer/proposal by me(A) to you(B). Now if you agree to my offer you will signify your assent to the offer made by me which means you are ready to buy my book for the price which I asked. Now the offer is said to be accepted. This is your acceptance.
For instance, you simply said okay to my proposal which means that you are ready to buy it for the price which I offered. Now the promise is made. Now we must look into the above question. The principle says that the acceptance of the proposal must be the exact mirror image of the proposal. With the above illustration, we hope that you might have understood the principle.
Further Section 7 of the above Act is noteworthy.
Section 7 in The Indian Contract Act, 1872:
Acceptance must be absolute.—In order to convert a proposal into a promise the acceptance must— —In order to convert a proposal into a promise the acceptance must—”
(1) be absolute and unqualified;
(2) be expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted. If the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such manner, the proposer may, within a reasonable time after the acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed manner, and not otherwise; but, if he fails to do so, he accepts the acceptance.
In the given question ‘A’ made a proposal to ‘B’ to sell a chair for ₹ 500. But here ‘B’ does not want to buy it at that price. He might have asked ‘A’ whether he could sell it for ₹400/-. Now as per our illustration based on section 2(b) of the Indian Contract Act we can definitely say that ‘B’ has not accepted A’s offer. They may have finally arrived at a mutually agreeable rate other than 500 rupees. But the fact in the above question, mentions an incomplete transaction. The only thing which we could ascertain from the above Fact is that ‘A’ has made a proposal to sell his chair. ‘B’ is desirous of buying the chair but at a lower price. So, clearly, ‘A’ has made an offer. But ‘B’ has never accepted the offer as such. Neither it is clear that ‘A’ did agree to B’s desire of buying it at a lower price. In fact, they have not reached an agreement and the sale did not take place.
Hence we can choose that B is the correct answer to the above question.
Answer is B: “B has not accepted the proposal of A.”
Now, take a look at the other answers.
Answer Choice A: B has accepted the proposal of A.
Answer choice A is terribly wrong. A’s proposal is for ₹ 500. B never even asked it for ₹ 400. He only desired it to buy at a lower price. So at any stretch of the imagination, ‘B’ has not accepted the proposal of ‘A’.
Answer Choice C: It is not clear if ‘B’ has accepted the proposal of ‘A’.
Do not get confused with answer C, where it is stated that it is not clear if ‘B’ has accepted the proposal of ‘A’. Clearly, ‘B’ has not accepted the proposal of ‘A’.
Answer Choice D: It is not clear whether ‘A’ made a proposal to ‘B’.
Answer choice D is also wrong. ‘A’ has given an offer to ‘B’ as stated in the above Section of statute/law.
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