Advertisements
Advertisements
प्रश्न
Principle: An agreement without free consent can be enforced only at the option of the party whose consent was not free.
Facts: A obtains the consent of B to enter into an agreement by putting a gun on the head of B‘s girlfriend.
विकल्प
B can enforce the agreement.
B cannot enforce the agreement.
A can enforce the agreement.
Neither A nor B can enforce the agreement.
Advertisements
उत्तर १
B can enforce the agreement.
Explanation:
For the free consent under section 14 of the Indian Contract Act, when it is not caused by
i. Coercion as under Section 15
ii. Undue influences as Section 16
iii. Fraud as defined Section 17
iv. Misrepresentation as defined Section 18
v. Mistake subject to provision of Section 20, 21 & 22
The reasonable conclusion is drawn that as the consent B is not free, B can enforce the agreement.
उत्तर २
B can enforce the agreement.
Explanation:
In this case, B can enforce the contract even if the contract was given under the pressure of gunpoint, that is, there was no free will. The enforceability is based on the principle that the agreement can be enforced only at the option of the party whose consent was not free. In other words, B did not have the free will when the contract was entered into, but he has the option to enforce it, that is, B can enforce it.
APPEARS IN
संबंधित प्रश्न
A contract creates
A and B Hindu couples were married to each other. Owing to differences between them they decided to get divorced. They entered into a contract laying down the conditions that both parties had to adhere to. One of the terms of the contract was that their children would not be entitled to claim the ancestral property of A, the husband.
A void agreement means
LEGAL PRINCIPLE Where the parents of a minor child due to their negligence allow the child an opportunity to commit a tort, the parents are liable.
FACTUAL SITUATION The father supplied an airgun to his son who was about to turn 18 next month. After some complaints of mischief. the father took the gun away and placed it in a corner of their storeroom which was used by the family to store surplus and other unnecessary stuff. The son took it out of the store and shot A. A sued his father. Is the father liable? DECISION:
A death sentence by a lower court
Mark the incorrect answer
The main purpose of the Law of Contract is
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts and select the most appropriate answer.
Principle: The object of an agreement is lawful unless it is forbidden by law; is of such a nature that, if permitted, it would defeat the provisions of any law; is fraudulent; involves or implies injury to the person or property of another person; the court regards it as immoral; it is opposed to public policy.
Factual Situation: A and B, a Hindu couple were married to each other. Owing to differences between them, they decided to get divorced. They entered into a contract laying down the conditions that both parties had to adhere to. One of the terms of the contract was that their children would not be entitled to claim the ancestral property of A, the husband.
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts and select the most appropriate answer.
Principle: A second suit will not be heard on the same facts between the same parties.
Nakshatra files a suit against Chandra for getting possession of a house on the ground that the property passed on to her through the will executed by Surya before his death. The suit gets dismissed as Nakshatra fails to produce the will. Nakshatra files another suit against Chandra to get the same house from the latter, on the ground that she was entitled to the house as being the nearest heir of Surya.
Principle: When a person represents to another something like a true fact knowing well truly that it is not true," he is guilty of fraud. The person subjected to fraud may avoid an agreement.
Factual Situation: A presents a horse for sale. The' horse is kept on display so that anyone interested could examine it. The horse has a cracked hoof and it is cleverly concealed by the owner. B tells "if you do not deny it, I Shall assume that the horse is sound." A keeps silent. B purchases the horse.
Decision
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: An unlawful interference with a person's use or enjoyment of land or some right over or in connection with it is a nuisance in tort. The fact that the plaintiff "came to the nuisance" by knowingly acquiring property in the vicinity of the defendant's premises is not a defense to nuisance. However, an act cannot be a nuisance if it is imperatively demanded by public convenience. Thus, when the public welfare requires it, a nuisance may be permitted for special purposes.
Factual Situation: D owned and occupied an estate about two miles from RAF Wittering, an operational and training base for Harrier Jump Jets. D claimed that they suffered severe noise disturbance every time the Harrier pilots carried out training circuits: an average of 70 times a day. D alleged that the noise nuisance constituted a very serious interference with their enjoyment of their land. D instituted judicial proceedings against the defendants, the Ministry of Defence (MoD), damages amounting to Rs. 1,00,00,000.
The MoD denied liability and raised the defence that the Harrier training was undertaken for the public benefit and that they had prescriptive right over the land as D had bought their property at a time when RAF Wittering was already established so he cannot claim compensation as he already knew about the existence of RAF Wittering near his property.
Decision:
