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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: When a person who has made a promise to another person to do something does not fulfill his promise, the other person becomes entitled to receive, from the person who did not fulfill his promise, compensation in the form of money.
Facts: ‘X’ made a promise to ‘Y’ to repair his car engine. ‘Y’ made the payment for repair. After the repair, ‘Y’ went for a drive in the same car. While driving the car, ‘Y’ met with an accident due to the bursting of a tire.
विकल्प
X will be entitled to receive compensation from Y in the form of money
Y will be entitled to receive compensation from X in the form of money
X will not be entitled to receive compensation
Y will not be entitled to receive compensation from X
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उत्तर १
‘Y’ will not be entitled to receive compensation from ‘X’.
Explanation:
Y' will not be entitled to receive compensation from 'X'. The promise made by 'X' to repair the car engine of the car of 'Y' and 'Y' making the payment for the same was completed. The accident of 'Y' falls outside the purview of the promise between the two and there will be no compensation involved.
उत्तर २
‘Y’ will not be entitled to receive compensation from ‘X’.
Explanation:
Y is not entitled to receive compensation from X because X made a promise to repair Y’s car engine and Y met with an accident not because of the engine problem but because of the bursting of the tyre. In other words, X fulfilled his promise, and according to the principle Y could receive compensation only when X did not fulfill the promise.
APPEARS IN
संबंधित प्रश्न
Principle: A person, who is usually mad, but occasionally not mad, may make a contract when he is not mad.
Facts: 'A‘ generally remains in the state of madness and rarely becomes capable of understanding anything.
The law of contract is nothing but
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:
LEGAL PRINCIPLE: Contract is an agreement freely entered into between the parties.
FACTUAL SITUATION: Tapan was a dealer in mustard oil. The Government of India by an order issued under the Essential Commodities Act fixed the price of mustard oil, and also the quantity which a person can buy from the dealer. Tapan carried on his business under this order for a while, but he refused to pay sales tax on his sale transactions on the ground that these were not the contracts freely entered into by him.
A death sentence by a lower court
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: When the parties to an agreement agree on the same thing in the same sense, there arises legally binding obligations between them.
Facts: Zaverilals antique shop was a well-known shop in the locality. Taradevi, a socialite of the locality, went to the shop and she was attracted by an earthen jar on display. Zaverilal explained to her that the jar belonged to the Hoysaia period; and despite its earthern composition, it was very strong and almost unbreakable. Taradevi replied to him that she was so captivated by the jar that it was immaterial to her as to which period, it belonged. She bought the jar and came home. She placed the jar in a prominent place in her drawing-room. One of her friends, an art critique, who happened to visit her, told her that the jar was not at all an Antique, but Taradevi did not bother about it. One day, it accidentally fell down and broke into pieces. Taradevi took up the matter with Zaverilal that his both statements were wrong and therefore, he should pay damages to her
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: Law does not take notice of trifles.
Facts: A proposes to his neighbour B that they both should go together for a morning walk. B agrees to the proposal and it is decided that both of them would meet at a particular point at 6 AM from where they would set off for the morning walk. In spite of the agreement, B does not turn up. A waits for him at 6 AM every day for a continuous period of seven days. Thereafter he files a suit against B claiming damages for the agony and mental torture suffered by him. Decide.
Ramu applied for the post of Director in an organization. The governing body of the organization passed a resolution appointing him to the post. After the meeting, one of the members of the governing body informed him privately of the resolution. Subsequently, the resolution was rescinded. Ramu claims damages. Which one of the following is the correct legal proposition in the case?
LEGAL PRINCIPLES:
1. Consideration must be of value in the eyes of law.
2. Consideration is not real if it is illusory.
FACTUAL SITUATION: Arjun received a summons to appear at a trial as a witness on behalf of Bitu, the accused. Bitu promised to pay him a sum of ₹1,000 for his trouble. On default by Bitu, Arjun filed a suit to recover the said sum. Will he succeed?
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:
