Advertisements
Advertisements
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: An agreement, the terms of which are not certain, or capable of being made certain, is void.
Facts: Sunder agreed to take Bhola’s penthouse on rent for three years at the rate of rupees 12, 00, 000/- per annum provided the house was put to thorough repairs and the living rooms were decorated according to contemporary style.
पर्याय
There is no valid contract because it has vague and uncertain terms, as the term 'present style' may mean one thing to Sunder and another to Bhola.
There is a valid contract because there is an offer from Sunder and acceptance from Bhola
It is a voidable contract at the option of Bhola.
There is a valid contract because all the terms of the contract are certain and not vague as the rent is fixed by both of them and the term 'present style' only can be interpreted to mean the latest style.
Advertisements
उत्तर
There is no valid contract because it has vague and uncertain terms, as the term 'present style' may mean one thing to Sunder and another to Bhola.
Explanation:
There is no valid contract because it has vague and uncertain terms, as the term 'present style' may mean one thing to Sunder and another to Bhola. The agreement did not state clearly what was contemporary style. It was a subjective and uncertain condition and could have meant differently to Sunder and Bhola. (Smt. Sohbatdei vs Deviplal And Ors AIR 1971 SC 2192, (1972) 3 SCC 495, 1971 III UJ 395 SC)
APPEARS IN
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'?
This problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question.
Rules:
A. When land is sold, all ‘fixtures’ on the land are also deemed to have been sold.
B. If a moveable thing is attached to the land or any building on the land, then it becomes a ‘fixture’.
Facts: 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 sixty lakh rupees. 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.
As a judge, you would decide in favour of
The First Official Language Commission, as required under Article 344 of the Constitution, was constituted by the President in
Choose the most appropriate option:
As per law the minimum age for the marriage of a boy and a girl in India is-
Mark the best option:
Principle: A contract the consent to which is induced by a false account or idea can be avoided by the deceived party.
Facts: Jatin approached Martin to purchase a plot of land from him. Martin was under the impression that Jatin required the land for constructing a house for himself and therefore, told Jatin that a real estate group was about to start a residential project in the vicinity of the plot; though he was himself doubtful of the same. Jatin, however, wanted to purchase the plot as he had been instructed by his elder brother to do so. Jatin entered into a contract to purchase the plot for a sum of Rupees thirty-five lacs and a few days later he came to know that the information given to him by Martin in respect of the residential project was false.
What should be Jatin do next?
The Indian Contract Act came into force on:
................. is a one-sided contract in which only one party has to perform his promise or obligation.
The agreement is defined by the section ............... of the Indian Contract Act, 1872.
As per section 2(e) of the Indian Contract Act, “Every Promise and every set of promise forming the consideration for each other is a/an
Below question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given.
Principles:
1. If A is asked to do something by B, B is responsible for the act, not A.
2. If A, while acting for B commits a wrong, A is responsible for the wrong, not B.
3. If A is authorized to do something for B, but in the name of A without disclosing B's presence, both A and B may be held liable.
Facts:
Somu contracted with Amar whereunder Amar would buy a pump set to be used in Somu's farm. Such a pump set was in short supply in the market. Gulab, a dealer, had such a pump set and he refused to sell it to Amar. Amar threatened Gulab of serious consequences if he fails to part with the pump set. Gulab filed a complaint against Amar.
Proposed Decision:
(a) Amar alone is liable for the wrong though he acted for Somu.
(b) Amar is not liable for the wrong, though he is bound by the contract with Somu.
(c) Somu is bound by the contract and liable for the wrong.
(d) Both Somu and Amar are liable for the wrong.
Suggested Reasons
i) Amar committed the wrong while acting for the benefit of Somu.
ii) Amar cannot do while acting for Somu something which he cannot do while acting for himself.
iii) Both Amar and Somu are liable since they are bound by the contract.
iv) Somu has to be responsible for the act of Amar committed to Somu's benefit. Your decision with the reason.
