हिंदी

Principle: a Condition to a Contract Can Also Be Complied with After the Happening of the Event to Which Such a Condition is Attached.

Advertisements
Advertisements

प्रश्न

Principle: A condition to a contract can also be complied with after the happening of the event to which such a condition is attached.

Facts: 'A' promises to pay Rs. 5000 to 'B' on the condition that he shall marry with the consent of 'C', 'D' and 'E'. 'B' marries without the consent of 'C', 'D' and 'E', but obtains their consent after the marriage.

विकल्प

  • 'B' has not fulfilled the condition.

  • 'B' has fulfilled the condition.

  • 'B's marriage is not valid.

  • The condition is illegal.

MCQ
Advertisements

उत्तर

'B' has fulfilled the condition.

Explanation:

The above-noted problem is based on Section 32 of the Indian Contract Act in which after the happening of the event to which such a condition is attended.  The reasonable conclusion is drawn that B has fulfilled the condition. Hence "‘B’ has fulfilled the condition." is correct. 

shaalaa.com
Law of Torts (Entrance Exams)
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
2015-2016 (May) Set 1

संबंधित प्रश्न

Principle: Acceptance of the proposal must be the exact mirror image of the proposal.

Facts: 'A‘ made a proposal to 'B‘ to sell a chair for Rs. 500. 'B‘ is desirous of buying the said chair for Rs. 400.  


Mark the best option:
Facts: A fabric trader wanted to travel to Ludhiana to meet his distributors and show them the new stock of fabric. He hired a taxi and drove from Chandigarh to Ludhiana with samples of the new fabric. The trader stopped at a restaurant to grab some lunch. He asked the taxi driver to eat something as well and told him that he would return in ½ hour. The taxi driver took advantage of this opportunity and acting in collusion with some petty thieves, facilitated the stealing of some of the fabric samples by the latter. It was only on the next day that the fabric trader realized that some of his samples were missing. He suspected the taxi driver of carrying out this theft. Eventually, he sued the taxi company for the value of the stolen goods. Decide the case.
Principle: A master is vicariously liable for the wrongful acts of his servant in the course of his employment and which fall within the scope of employment of the servant.


The law relating to prisoners of war has been codified by


Mark the best option:
Principles: Qui facit per alium facit per se, " he who does things through others does it himself"
Facts: Nisha owner of a car asked her friend Saurabh to take her car and drive the same to her office. As he car near her office, it hit a pedestrian Srikant, who was injured seriously. Srikant files a case against Nisha.
Decide Nisha's liability.


Aaron points a gun at Bridget and threatens to shoot her. Aaron knows that the gun is not loaded but Bridget does not. Which of the following most accurately states the likely outcome if Bridget sues Aaron alleging assault?


Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principle:

  1. 'Misrepresentation' means and includes -the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or anyone claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.
  2. The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn't possess this skill or knowledge.

Factual Situation: The plaintiff, Mr. Madan, entered into a tenancy agreement with the defendant, Esso Petroleum, in respect of a petrol station owned by the latter. During the course of the negotiation of the agreement, 'expert' advisers employed by the defendant had provided an estimate of the sales which the petrol station could expect which was based on inaccurate information and consequently was significantly inflated. The value of the rent on the agreement had been calculated based on this inflated figure. As a result, it was impossible for the plaintiff to operate the petrol station profitably. Whether the plaintiff could have any action for negligent misrepresentation?


Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principle: Vicarious liability is when employers are held liable for the torts committed by their employees during the course of employment.

Factual Situation: New Vision School opened a boarding house (Shivaji House) for boys in the year 2000 for the students having behavioral and emotional difficulties. The claimants in the instant case had resided there between 2000 to 2003, being aged 12 to 15 during that time, under the care of a warden, who was in charge of maintaining discipline and the running of the house. The warden lived in the House, with his disabled wife, and together they were the only two members of staff in the House. His duties were ensuring order, in making sure the children went to bed, went to school, engaged in evening activities, and supervising other staff. It had been alleged by some of the boys that the warden had sexually abused them, including inappropriate advances and taking trips alone with them. A criminal investigation took place some ten years later, resulting in the warden being sentenced to seven years imprisonment. Following this, the victims brought an action for personal injury against ~he employers, alleging that they were vicariously liable. Whether the employers of the warden may be held vicariously liable for their employee's intentional sexual abuse of school boys placed under his care?


PRINCIPLE Where the plaintiff himself is in fault, the defendant shall not be answerable for the harm brought on by the plaintiff's own actions.

FACTS Jimmy had put up a board in his house warning all trespassers of ‘Beware of Dogs’. Jimmy arrived home using a cab and since he did not have the wallet asked the driver to stay outside. He received a long-distance phone call and spoke for 20 straight minutes. The cab driver outside was getting very restless and was ringing the bell which turned out to be broken. Left with no other alternative the driver came in only to be bitten black and blue by Jimmy's Rottweiler. In a suit brought by the cab driver 


Negligence means


Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Legal principle: The master/principal is liable for all acts done by his duly appointed servant/agent for all acts done by him lawfully in the course of his employment.

Factual situation: A, B, C and D carried on a business in partnership. While making a deal with another company, B bribed the clerk there. Is the partnership firm vicariously liable? DECISION:


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×