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प्रश्न
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud unless the circumstances of the case ate such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speech.
FACT: A sells, by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horse's unsoundness.
विकल्प
A can be held liable for fraud
A can be held liable for misrepresentation
A cannot be held liable, because he did not say anything positive about the soundness of horse.
A cannot be held liable because it is the buyer who must be aware of the things.
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उत्तर
A cannot be held liable, because he did not say anything positive about the soundness of horse.
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संबंधित प्रश्न
In this Question, the problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question.
Rules:
A. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor's property the age of majority is twenty-one.
B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that (he minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.
Facts Ajay convinces Bandita, a girl aged I8 that she should sell her land to him. Bandita's mother Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming that Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus Ajay is in a difficult situation and has no idea how to recover his money from Bandita.
Which of the following is correct?
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Nuisance as a tort (civil wrong) means an unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it.
FACT: During the scarcity of onions, long queues "'Nt?l'e made outside the defendant's shop who has a license to sell fruits and vegetables used to sell only l Kg, of onion per ration card The queues extended on to the highway and also causes some obstruction to the neighboring shops. The neighboring shopkeepers brought an action for nuisance against the defendant.
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: Whoever takes away with him any minor less than sixteen years of age if a male, or less than eighteen years of age if a female, out of the custody of parents of such minor without the consent of such parents, is said to commit no offence.
Facts: ‘A’, a man, took away a girl below sixteen years to Mumbai without informing the parents of the girl.
Which law introduced the system of dyarchy in India during the British reign?
The Indian Contract Act came into force on:
A promised to marry B. Later on B died. This contract of marriage
A Contract is ................
An offer stands revoked
A tender is
The following question consists of two statements, one labelled as. 'Assertion' and the other as 'Reason'. Read both the statements carefully and answer using the codes given below.
Assertion (A): The parties to the contract must be competent to contract otherwise it will be a void contract.
Reason (R): All wagering agreements are void.
