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प्रश्न
Consists of legal proposition(s)/ principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: Where one of the parties to a contract was in the position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate the decision of the other party.
Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment, the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.
विकल्प
The contract is not enforceable as a doctor was in a dominating position.
The contract is enforceable against the patient by the doctor.
The contract is enforceable against the doctor.
The contract is not enforceable without the consent of the patient.
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उत्तर
The contract is enforceable against the patient by the doctor.
Explanation:
The contract is enforceable against the patient by the doctor. The contract between the doctor and the patient has the essentials of Consideration. The patient is supposed to pay the remaining 5 lakhs after the surgery. The doctor has recovery rights and should be paid the remaining money by the patient.
APPEARS IN
संबंधित प्रश्न
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: "Nobody shall unlawfully interfere with a person's use or enjoyment of land, 0( some right over, or in connection with it. The use or enjoyment, envisaged herein, should be normal and reasonable taking into account surrounding Situation.
FACT: jeevan and Pavan were neighbors in a residential locality. Pavan started a typing class in a part of his house and his typing sound disturbed jeevan who could not put up with any kind of continuous noise. He filed a suit against Pavan.
Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of Attempt: Lord Blackburn has said that "there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
'SINY' with an intention to pick-pocket puts his hand into MlNU's pocket. MINU had a Joaded pistol in his pocket The thief touches the pistol and trigger goes on, whereby MINU is shot dead.
Principle: Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.
Fact: 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bedroom of the house. 'A' sued 'B' for trespass.
Choose the most appropriate option:
'lis pendens' means-
Legal phrase is followed by four meanings. Choose the most appropriate option:
Per incuriam
Mark the best option:
An eye for an eye and a tooth for a tooth" relates to ___________ theory.
Mark the best option:
A will or testament –
Time Of Payment Of Wages is covered under section ____ of Payment of Wages Act
Fixation of wage period is covered under section ____ of Payment of Wages Act
Local self-governance is an example of
