Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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41.

Which of the following statements is/are correct :

1. A claim for damages arising out of breach of conduct is not debt.
2. A person who enters into a contract with Government does not necessarily thereby undertake any public duty.
A: 1 only
B: 2 only
C: both 1 and 2
D: Neither 1 nor 2.

The answer is: B

Explanation

The correct option is 2 only.

1. A claim for damages arising out of breach of conduct is not debt.

This statement is incorrect. A debt is defined as a sum of money that is owed or due to someone. A claim for damages is a legal right to seek compensation for the loss or injury caused by the breach of contract. Therefore, a claim for damages is a form of debt that the breaching party owes to the injured party. This debt can be enforced by a court of law if the parties cannot settle the dispute amicably.

2. A person who enters into a contract with Government does not necessarily thereby undertake any public duty.

This statement is correct. A public duty is an obligation that a person owes to the society or the state, such as paying taxes, obeying laws, or serving in the military. A contract with the government is an agreement that creates rights and obligations between the parties, but it does not automatically impose any public duty on either of them. A person who contracts with the government may or may not have a public duty depending on the nature and terms of the contract. For example, a contractor who builds a road for the government may have a public duty to ensure the quality and safety of the work, but a supplier who sells stationery to the government may not have any public duty.