Advertisements
Advertisements
प्रश्न
Principle: Mere silence as to facts likely to affect the decision of a person to enter into a contract is not a fraud.
Facts: A sells to B (A‘s daughter who is a minor) a horse which A knows to be unsound. A says nothing to B about the unsoundness of the horse.
विकल्प
A has committed fraud
A has committed no fraud
There cannot be a contract between a father and daughter
The daughter did not ask therefore the father did not tell, hence no fraud
Advertisements
उत्तर
A has committed no fraud
Explanation:
A has not committed fraud because A is merely silent as to the facts likely to affect the decision of a person to enter into a contract. In this case, A is silent about the fact of unsoundness of his horse which he sells to his daughter. Hence no fraud has been committed.
APPEARS IN
संबंधित प्रश्न
A owns a residential flat. He is entitled to a quiet possession and enjoyment of his property. This is called
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
1. Consideration is something that moves from the promisee to the promisor, at the implied or express request of the latter, in return for his promise. The item that moves can be a right, interest, profit, loss, responsibility given or suffered, forbearance, or a benefit which is of some value in the eyes of law.
2. An offer may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterward.
Factual Situation: Bournville ran a sales promotion whereby if persons sent in 3 chocolate bar wrappers and a postal order for f 100 they would be sent a record. Big Beats owned the copyright in one of the records offered and disputed the right of Bournville to offer the records and sought an injunction to prevent the sale of the records which normally retailed at f 1,000. Under the Copyright Act, retailers are protected from breach of copyright if they gave notice to the copyright holders of the ordinary retail selling price and paid them 6.25% of this. Bournville gave notice stating the ordinary selling price was f 100 and three chocolate bar wrappers. The issue is whether the chocolate bar wrappers formed part of the consideration?
The contract is said to have three essentials. Which one among the following is not essential in the formation of a contract?
Sheela, an adult married woman, agreed to live in adultery with Rahul and also agreed to serve him as his housekeeper. In return, Rahul, an adult agreed to pay Sheela ₹ 5000 per month for living in adultery and ₹ 5000 per month for housekeeping, the agreement is
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 occupier of premises owes a duty of care to all his invites and visitors.
FACTUAL SITUATION: Laloo was running a dairy from his house. People used a part of his farm as a short cut to get to a nearby railway station. Laloo who did not approve of this, put up a notice that "Trespassers will be prosecuted". However, since a number of these people were also his customers he tolerated them. One day, a person who was using this short cut was attacked by a bull belonging to the farm. The injured person filed a suit against him.
DECISION:
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 is given hereinbelow for the 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.
Principle: A condition precedent must be complied with before the happening of the event to which such a condition is attached. Fulfillment of such a condition after the happening of the event is no fulfillment of a condition.
Facts: A transfers ₹5,000 to B on condition that he shall marry with the consent of C, D and E. As C, D, and E had to go abroad for some business purposes and as the date of marriage was already fixed, therefore, B marries without the consent of C, D, and E, but obtains their consent after the marriage when C, D, and E return to their country.
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: When at the desire of the promisor, the promisee has done or abstained from doing, or does or abstains from doing, or promises to do or abstain something, such an act or abstinence or promise is called a consideration for the promise.
FACTUAL SITUATION: A daughter promises to give maintenance to her uncle in consideration of her mother making a gift of certain properties to her. The daughter pleads a lack of consideration when the uncle seeks to enforce the contract. She says that the uncle is a stranger to the consideration and so he cannot enforce the contract. The daughter
DECISION:
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
Principle: Money or good given to a person by mistake must be returned to the person who gave them.
Factual Situation: Sunil and Burma jointly owed ₹1000 to Siraj. Sunil pays the whole amount to Sirai in Suman's absence. Suman after returning from his vacations also paid the full amount to Siraj not knowing the fact that Sunil had already paid the same. Is Siraj bound to repay or return the extra money to Suman that he obtained under mistake from her?
Study the following information and answer the questions that follow:
Principle: A 'fixture' is something attached to the land or a building in such a way that it is regarded as an irremovable part of the property you are considering buying. Some typical 'fixtures' in a home include the hot water service, range top, wall oven, fixed floor coverings, light fittings, and a built-in (under bench) dishwasher. Garden plants, including bushes and trees, are also 'fixtures'.
Rule A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
Rule B. If a movable thing is attached to the land or any building on the land than it becomes a 'fixture'.
Factual Situation 1: Khaleeda wants to sell a plot of land she owns in Beghmara (Meghalaya) and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for ₹60 lakh. After completing the sale, she removes the expensive Iranian carpet which used to cover the entire wooden floor of one of the bedrooms. The room had very little light and Khaleeda used this light-colored radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realizes this and files a case to recover the carpet from Khaleeda.
Situation 2:
Assume that in the above fact scenario, Khaleeda no longer wants the carpet. She removes the elaborately carved door to the house after the sale has been concluded and claims that Gurpreet has no claim to the door. The door in question was part of Khaleeda's ancestral home in Nagercoil (Tamil Nadu) for more than 150 years before she had it fitted as the entrance to her Beghmara house.
Rule C If a moveable thing is placed on land with the intention that it should become an integral part of the land or any structure on the land, it becomes a fixture. Applying Rules A and C, to the fact situations in questions Situation 1 and Situation 2, as a judge you would decide in favour of
