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प्रश्न
Choose the best option for the following statement:
The distinction between fraud and misrepresentation:
1. Fraud is more or less intentional wrong, whereas misrepresentation may be quite innocent.
2. In addition to rendering the contract voidable, iS a cause of action in tort for damages. Simple misrepresentation is not a tort but a person who rightfully rescinds a contract is entitled to compensation for any damages which he has sustained through the non-fulfillment of the contract.
3. A person complaining of misrepresentation can be met with the defence that he had "the means of discovering the truth with ordinary diligence. But excepting fraud by silence in other cases of fraud it is no defence that "the plaintiff had the means of discovering the truth by ordinary diligence".
4. None of the above.
पर्याय
1 is correct
1 and 2 is correct
1,2 and 3 is correct
Only 4 is correct
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उत्तर
1,2 and 3 is correct
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संबंधित प्रश्न
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rules:
A. Whoever intending to take any moveable property out of the possession of any person without that person's consent, moves that property out of his or her possession is said to commit theft.
B. A person who, without lawful excuse, damages any property belonging to another intending to damage any such property shall be guilty of causing criminal damage. C. Damage means any impairment of the value of a property.
Facts: Veena, an old lady of 78 years, used to live with her granddaughter Indira. Veena was ill and therefore bed-ridden for several months. In those months, she could not tolerate any noise and it 'became quite difficult to clean her room. After she died, Indira hired a cleaner, Lucky, to clean the room and throw away any rubbish that maybe there. There was a pile of old newspapers that Veena had stacked in a corner of her room. Lucky asked Indira if he should clear away the pile of old newspapers, to which she said yes. Lucky took the pile to a municipality rubbish dump. While Lucky was sorting and throwing away the newspapers, he was very surprised to find a beautiful painting in between two sheets of paper. He thought that Indira probably wouldn't want this old painting back, especially because it was I’m in several places and the colour was fading. He took the painting home, mounted it on a wooden frame and hung it on the wall of his bedroom. Unknown to him, the painting was an old, masterpiece, and worth twenty thousand rupees. Before mounting the painting, Lucky pasted it on a plain sheet of paper so that it does not tear anymore. By doing so, he made its professional restoration very difficult and thereby reduced its value by half Lucky's neighbor Kamala discovered that the painting belonged to Indira. With the motive of returning the painting to Indira, Kamala climbed through an open window into Lucky's room when he was away one afternoon and removed the painting from his house. If Lucky had discovered the painting before leaving Indira's house rather than at the rubbish dump, would lie have been guilty of theft in this case'?
The First Official Language Commission, as required under Article 344 of the Constitution, was constituted by the President in
The question consists of two statements, one labelled as the principle and other as Fact. You are to examine the principle and apply it to the given facts carefully and select the best option.
Principle: When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.
Fact: “Ramanuj telegraphed to Shyam Sunder, writing: “Will you sell me your Rolls Royce CAR? Telegram the lowest cash price.” Shyam Sunder also replied by telegram: “Lowest price for CAR is ₹20 lakh.” Ramanuj immediately sent his consent through telegram stating: “I agree to buy the CAR for ₹20 lakh asked by you.” Shyam Sunder refused to sell the car.
A contract in which, under the terms of a contract, nothing remains to be done by either party is known as
Acceptance takes place as against the proposer, when
A contract is made where:
Parol contracts are also known as
.................. is made by words spoken.
................. implies a contract though the parties never expressed their intention to enter into a contract.
Given below is the 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 acceptance of an offer will be valid only if it is made in the way it was expected to be made.
FACTUAL SITUATION: There was a telephonic discussion between 'J' and 'K' for negotiating the sale of the shop of former to the latter. Upon reaching an agreement as to the price of the shop of 'J' at Rs 20 lakh, 'J' told 'K' to send a letter to him within two weeks confirming that she wishes to buy the shop for the price finalized. Two days thereafter, 'K' gave her acceptance to 'J' over the telephone but sent the letter of confirmation after a lapse of one month.
ls 'J' bound by the acceptance of 'K'?
DECISION:
