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प्रश्न
DIRECTIONS: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that are given hereinbelow. 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.
Principle: An interest which is created on a transfer of property and depends upon the fulfillment of a condition will fail if the fulfillment of the condition is impossible or is forbidden by law or is of such a nature that, if permitted, it would defeat the provisions of any law or is fraudulent or involves or implies injury to the person or property of another or the court regards it as immoral or opposed to public policy.
Facts: A gives ₹ 10,00,000/- to B on condition that B shall marry A's daughter C. On the date on which A gave ₹ 10,00,000/- to B, C was dead.
विकल्प
B's interest in ₹ 10,00,000/- fails because of impossibility
B's interest in ₹ 10,00,000/- fails because of immorality
B's interest in ₹ 10,00,000/- fails because of prohibition by law
B's interest in ₹ 10,00,000/- does not fail
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उत्तर
B's interest in ₹ 10,00,000/- fails because of impossibility
Explanation:
B's interest in ₹ 10,00,000/- fails because of impossibility is correctly Presented before us is a case in which precondition of the contract becomes an impossibility. According to section 36 of the Indian Contract Act 1872 and the guiding principle, the agreements dependent upon impossible events are void. As in this case, B cannot marry C who is already dead and his marriage with 'C' was the prevention to his receiving Rs 10 lakh from A. So the agreement between B and A is void.
