The Common Law Admission Test includes five subjects of which Legal Reasoning is important as you will be studying law in top law universities. If you are preparing for CLAT 2023 and wondering about which type of legal reasoning questions are asked, then this post shall take you through the most important questions. Know in detail about CLAT legal reasoning subject and questions.
Legal Reasoning Questions For CLAT
As the CLAT 2023 is scheduled in May 2023, gear up your preparations now to score good marks.
What Is Legal Reasoning In CLAT?
As the CLAT Exam Pattern was changed last year, the questions are asked in the form of comprehension-based passages. This section includes around 35-39 questions which is 25% of the question paper.
The questions under this section are mainly based on legal concepts, legal issues, and more. If you have a basic idea about these topics then you can easily secure full marks in this section.
Few CLAT Legal Reasoning Questions with answers
Here are a few important legal reasoning questions compiled from previous year’s CLAT Question Papers. Solve them to understand the difficulty levels of the questions and improve your confidence.
The COVID-19 pandemic has taken the entire world hostage in less than four months, and the global economy has been hit the hardest with governments across the globe implementing stringent policies including lockdown to control the coronavirus outbreak. The pandemic today presents unprecedented challenges and impediments to businesses in conducting their normal operations. The lockdown across the world has caused delays in the performance of contracts and transactions. Now, the question that arises is whether the current situation can enable parties to a contract to alter their obligations with non-compliance of terms neither being regarded as a “default committed by any party” nor a “breach of contract”? There are certain well-accepted practices for dealing with such extraordinary situations in commercial transactions by the inclusion of force majeure & material adverse effect (MAE) clauses. Determination of the types of circumstances so covered by the force majeure clause contained in a contract is essential. Provisions of force majeure often cover natural disasters like hurricanes, floods, and earthquakes as “acts of God.” Other covered events may include war, terrorism, civil disorder, fire, disease medical epidemics or by reasons of applicable laws or regulations. Broadly, the Courts have interpreted the term “Force Majeure” as an event that can neither be anticipated nor controlled by either of the contracting parties. A force majeure clause applies in the context of ongoing contractual arrangements, whereas, an MAE or material adverse change (MAC) clause applies to the allocation of risk in transactions before their closure or completion. Pandemic and related consequences such as government action is a type of event covered by a force majeure clause, however, its impact on the affected party’s ability to perform its contractual obligations may vary depending upon contractual terms. It is common for force majeure clauses to specify the impact that the event or circumstances in question must have, in order for the clause to be triggered. References may be made, for example, to the event or circumstances having “prevented”, “hindered” or “delayed” performance. These terms require different levels of impact on performance before a party can claim recourse to these clauses. In other words, the force majeure and MAC clauses act as an exception to what would otherwise be treated as a breach of contract. Certain contracts may state that, if a force majeure clause is applied, the contract may automatically be terminated. On the other hand, some contracts may even state that the duty to fulfil the contractual obligation may be suspended for a certain period of time and if the force majeure event is not curbed or treated even after such time, then eventually the contract may be terminated. Though there cannot be a one-size-fits-all solution to this question, and it depends upon how the force majeure clause is worded in a specific contract; and in the absence of the same, applicable laws related to the same will be required to be taken into consideration.
Q1. Based on the Author‘s argument in the passage above, which of the following is correct?
- a) Force Majeure Clauses, generally have a uniform impact on the performance of Contracts in all the cases.
- b) The Impact on the performance of Contracts by the usage of Force Majeure Clauses is dependent upon the way such clauses have been constructed in a particular Contract.
- c) Both Force Majeure and Material Adverse Change Clauses have a similar impact on the performance of Contracts.
- d) All of the above.
Q2. Imagine, there is a domestic commercial Contract for the supply of certain goods for a certain price between A and B. However, in pursuance of the same, both A and B forget to negotiate and agree on the terms of a Force Majeure event and the Contractual document does not contain the Force Majeure clause. In such a situation, what would be the fate of the Contract in the event like that of COVID 19?
- a) As the parties did not negotiate on the Force Majeure Clause, either of them cannot take an exception to the Breach of Contract.
- b) The parties can invoke the Material Adverse Change Clause.
- c) In absence of such clauses in the Contract, the Courts may resort to the applicable law, i.e., the Indian Contract Act, 1872 to give relief to the parties.
- d) None of the above.
Q3. In the same fact situation as mentioned above with a modification that there is a Force Majeure Clause in the Contract between A and B, let us suppose, that B, who was to supply goods to A on certain date and time, faced issues in relation to procurement of goods due to mill strike and also because of rise in prices of goods. In this case, can B claim the suspension of performance of Contract on the basis of the Force Majeure Clause?
- a) Yes, B can, depending upon the way, the Force Majeure Clause is worded.
- b) Such situation cannot be covered under Force Majeure as it is just a case of disappointed expectations and hence B cannot invoke the clause. It is merely a case of commercial hardship.
- c) B can invoke the Force Majeure clause as the clause is too broad to cover such situations.
- d) None of the above.
Principle of Natural Justice is derived from the word „Jus Natural‟ of the Roman law and it is closely related to Common law and moral principles but is not codified. It is a law of nature which is not derived from any statute or constitution. The principle of Natural Justice is adhered to by all the citizens of civilised State with Supreme importance. Natural justice simply means to make a sensible and reasonable decision making procedure on a particular issue. Sometimes, it doesn‘t matter what is the reasonable decision but in the end, what matters is the procedure and who all are engaged in taking the reasonable decision. It is not restricted within the concept of ‗fairness‘ it has different colours and shades which vary from the context. Basically, natural justice consists of 3 rules. The first one is “Hearing rule” which states that the person or party who is affected by the decision made by the Panel of expert members should be given a fair opportunity to express his point of view to defend himself. Secondly, “Bias rule‖ generally expresses that Panel of expert should be free from bias while taking the decision. The decision should be given in a free and fair manner which can fulfil the rule of natural justice. And thirdly, “Reasoned Decision” which states that order, decision or judgement of the Court given by the Presiding authorities with a valid and reasonable ground. The principles of Natural Justice have been adopted and followed by the judiciary to protect public rights against the arbitrary decision by the administrative authority. One can easily see that the rule of natural justice include the concept of fairness: they stay alive and support to safeguard the fair dealing.
Q1. Nemo Judex in causa sua‖ or the principle that ‗No one can be a judge in his own case‘, relates to which of the following rule of the Natural Justice?
- a) Bias rule
- b) Reasoned decision rule
- c) Hearing rule
- d) All of the above.
Q2. Mr. X is a Public Servant, employed in a PSU and Mrs Y who is the wife of Mr. X is also an employee of the same PSU. Ms A files a complaint against Mr. X for sexual harassment at workplace before the ICC (Internal Complaints Committee), which is headed by Mrs Y. After completing her inquiry she held that Mr. X is guilty and recommended disciplinary proceedings against him. Now, on what grounds Mr. X may challenge her findings?
- a) Mrs Y is an employee of the same institution and the inquiry should have been conducted by a person outside the institution.
- b) The complaint was filed by a female employee, so the inquiry must have been conducted by a male employee.
- c) Mrs Y is the wife of Mr. X and she holds a personal bias in the case, so the inquiry should not have been conducted by her.
- d) Mr. X being the accused should have conducted the inquiry himself.
Q3. Mr. A is a judge and he is also the landlord of Mr. B, who resides in an apartment owned by Mr. A. Due to non-payment of rent for 3 consecutive months, Mr. A served an eviction notice to Mr. B. Now, choose the most appropriate option amongst the following.
- a) Being a judge himself, Mr. A cannot issue such notice of eviction.
- b) Mr. A can issue such notice because it is his duty as a Judge, apart from being a landlord.
- c) Such notice is illegal as Mr. B was not given an opportunity to present his case.
- d) Mr. A issued such notice in his personal capacity as a landlord and not being a judge.
Q4. Which of the following is not in violation of the principles of Natural justice?
- a) Withholding of an increment of a public servant without giving him an opportunity to defend.
- b) Non-renewal of a contract of employment of an employee after the period of contract is over.
- c) Initiating a departmental inquiry against a public servant, without giving him an opportunity to submit representation during such inquiry.
- d) All of the above.
Q5. On the basis of your understanding of Natural Justice in the passage above, a state which of the following is true:
- a) Adherence to the reasoned decision rule is not required if the other two rules are complied with.
- b) Compliance of the bias rule itself rejects the need for the hearing and the reasoned decision rule.
- c) Principle of Natural Justice is incomplete without the compliance of any of its rules.
- d) The Reasoned Decision rule is a substitute for the bias rule.
Legal Reasoning Questions For CLAT FAQs
How many questions are asked in the CLAT Legal Reasoning section?
Around 35-39 questions are asked from the CLAT Legal Reasoning section.
How many marks are awarded for each correct answer in the CLAT Legal Reasoning section?
For each correct answer you will be awarded 1 mark.
Is there any negative marking for wrong answers in CLAT?
Yes, for each wrong answer 0.25 marks will be deducted.
Is the CLAT Legal Reasoning section tough?
It depends on how you understand and answer the given question. Reading is the key to score full marks in CLAT.