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प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: An offer made by one party when accepted by another makes it a contract.
Transactions:
1. P offered to sell his house for Rs. 20 lakhs to R; R told P that he was interested to buy a house for 15 lakhs only.
2. C was looking for a house for not more than 25 lakhs; P informed C that his house was available for 20 lakhs.
3. K wanted to buy some old furniture; L told K that he would sell his furniture for Rs. 10, 000.
4. R advertised to sell his old car for a price of Rs. Three lakhs; S found the advertisement and offered to buy it for Rs. 2 lakhs 50 thousand; R agrees to sell it to S.
Which among the above is actually a contract?
विकल्प
Situation 3 only is a contract
Situations 1 and 2 are contracts
Situation 4 only is a contract
Situations 2 and 4 are contracts
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उत्तर
Situation 4 only is a contract
Explanation:
One of the essentials of a valid contract makes it mandatory that the offer by one party must be accepted clearly by another party. The acceptance must also be communicated. (Bhagwandas Goverdhandas Kedia vs M/s. Girdharilal Parshottamdas... on 30 August 1965)
In instance 4 (which is the correct answer), there is an offer advertisement by 'R' for selling his old car at Rs 3 lakhs. 'S' offers to buy it for Rs. 2 lakhs 50 thousand. This has been agreed by 'R' to sell it to 'S'. The offer by 'S' has been accepted by 'R'. The contract is valid.
In instance 1, P does not agree to sell his house to R. The contract is invalid. In instance 2, there is only communication between P and C about the availability of the house. There is no offer and acceptance between the two.
In instance 3, there is only communication between K and L about the availability of the furniture. There is no offer and acceptance between the two.
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संबंधित 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: Nothing is an offence which is done in the exercise of the right of private defence. Nothing is an offence which is done in madness.
Facts: A, under the influence of madness, attempts to kill B. B to save his life kills A.
In most cases, a threat of violence made over the telephone cannot constitute an assault. Which of the following most accurately explains why not?
Which of the following is not a defense to trespass to the person?
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
- The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
- The test of liability requires that the harm must be a reasonably foreseeable result of the defendant's conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
- The claimant must prove that harm would not have occurred 'but for' the negligence of the defendant. The claimant must prove, on the balance of probabilities, that the defendant's breach of duty caused the harm.
Factual Situation: A 13-year-old boy fell from a tree. He went to a hospital where his hip was examined, but an incorrect diagnosis was made. After 5 days it was found that he was suffering from avascular necrosis. This was more advanced and serious than if it had been spotted straight away. Despite receiving treatment, it was determined that he had suffered from a muscular condition (avascular necrosis) which left the boy with a permanent disability and further left a strong probability that he would develop severe osteoarthritis later in life. The expert medical testimony indicated that had his fractured hip been identified on his initial hospital visit, there was a 25% chance of his condition having been successfully treated. He is claiming compensation for the negligence of the hospital. Whether the hospital's negligence on his initial visit had caused his injury?
PRINCIPLE Vis major or an act of God entails a sudden manoeuvre by elements of nature over which we have no control.
FACTS In a bus accident where the driver died of a sudden cardiac arrest, the legal heirs of the deceased brought a suit against the bus company for not making the driver undergo the mandatory health and fitness test before giving employment. The bus company claims a defence of 'vis major'. The defence of vis major in this case shall
Principle: A citizen is expected to take reasonable duty of care while driving on the road and not to cause injuries to any person.
Facts: X, the owner of a car, asked his friend Y to drive the car to his office. As the car was near his (X' s) office, it hit a pedestrian P on account of Y' s negligent driving and injured him seriously. P sued X for damages.
Which one of the following is correct?
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.
Principle: Negligence is a breach of duty or a failure of one party to exercise the standard of care required by law, resulting in damage to the party to whom the duty was owed. A plaintiff can take civil action against the respondent if the respondent's negligence causes the plaintiff injury or loss of property.
Facts: 'D' went to a cafe and ordered and paid for a tin/can of soft drink. The tin was opaque and therefore, the contents could not be seen from outside. She ('D') consumed some of the contents and then lifted the tin to pour the remainder of the content into a tumbler. The remains of a snail in the decomposed state dropped out of the tin into the tumbler. 'D' later complained of stomach pain and her doctor diagnosed her as having gastroenteritis and being in a state of severe shock. She used the manufacturer of the drink for negligence. Applying the afore-stated principle, which of the following derivations is correct as regards the liability of the manufacturer in the given situation?
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.
Principle: Interference with another's goods in such a way as to deny the latter's title to the goods amounts to conversion, and thus it is a civil wrong. It is an act intentionally done inconsistent with the owner's right, though the doer may not know of, or intend to challenge, the property or possession of the true owner.
Facts: y or possession of the true owner. Facts: 'R' went to a cycle-stand to park his bicycle. Seeing the stand fully occupied, he removed a few bicycles in order to rearrange a portion of the stand and make some space for his bicycle. He parked his bicycle properly, and put back all the bicycles except the one belonging to 'S', In fact, 'R' was in a hurry, and therefore, he could not put back S's bicycle. Somebody came on the way and took away S's bicycle. The watchman of the stand did not take care of it assuming that the bicycle was not parked inside the stand. 'S' filed a suit against 'R' for conversion. Which of the following derivations is correct?
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 had an agency that used to lend carpenters to people on need basis. A deputed B to do some repair work in C's shed. While so doing, B lit up a cigarette and threw it as soon as he saw someone coming there. The cigarette remaining lit caused a fire and she was reduced to ashes. C sued A and B. Decide. DECISION:
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
1. The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant’s conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
3. Volenti non-fit injuria is a defence to action in negligence.
Facts:
X purchased a disused cinema with the intention of turning it into a Multiplex. Six weeks after, X entered the building for the first time, it was set on fire by intruders and destroyed. As a result, the adjacent buildings were also affected and damaged. The cinema building was a target for vandals and children who often played there, but X had had no knowledge of previous attempts to start a fire at the cinema buildings. The owners of the adjacent buildings brought an action for negligence against X on grounds that X failed to take reasonable care for the safety of the buildings by not keeping the cinema locked, making regular inspections and employing a caretaker. Decide whether the occupier of a property owes a duty of care to the adjoining occupiers in respect of acts of trespass on his property resulting in damage to the adjoining properties?
