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प्रश्न
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 Agreements, the meaning of which is not certain, or capable of being made certain, are void.
FACT A horse was bought for a certain price coupled with a promise to give ₹500 more if the horse proved lucky.
पर्याय
This is a valid agreement
This agreement is void for uncertainty because it is very difficult to determine what luck, bad or good, the horse had brought to the buyer
The agreement is partially valid and partially void
None of the above
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उत्तर
This agreement is void for uncertainty because it is very difficult to determine what luck, bad or good, the horse had brought to the buyer
Explanation:
It is a void agreement as it is not certain or capable of being made certain.
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संबंधित प्रश्न
A lease agreement is a form of
A void agreement means
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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: A second suit will not be heard on the same facts between the same parties.
Nakshatra files a suit against Chandra for getting possession of a house on the ground that the property passed on to her through the will executed by Surya before his death. The suit gets dismissed as Nakshatra fails to produce the will. Nakshatra files another suit against Chandra to get the same house from the latter, on the ground that she was entitled to the house as being the nearest heir of Surya.
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: A second suit will not be heard on the same facts between the same parties.
Mr. Sampath went to a party alone in his wife Sunanda's car. He usually used his wife's car after office hours and his wife never objected to it. At the party, he got drunk. instead of taking the risk of driving the car, he requested his friend Mr. Vivek to drive him back home in Sunandas car, Mr. Vivek was quite sober since he had moderately consumed alcohol. On the way, Vivek knocked down a boy and injured his leg. Subsequently, on behalf of the boy, a claim for compensation was brought against Mrs.Sunanda since the car belonged to her and it was registered in her name. The insurance company refuses to pay compensation because the police report says that the person driving the car at the time of the accident had consumed alcohol.
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: Damages are payable for breach of contract and the purpose of damages is to compensate him for the loss suffered and not to improve his position more than what it would have been if the contract had been duly performed.
Facts: A wanted to buy a house and he contracted with a surveyor S to inspect a particular house and value it for him. S surveyed the house and valued it for Rs. 10 lakhs. S, however, failed to notice the defective plumbing system in the house, and had he taken note of it, the house would have been worth only Rs. 8 lakhs. A followed S's advice and bought the house for Rs. 8 lakhs and thereafter spent Rs. 4 lakhs for repairing the plumbing system. He filed a suit against S claiming Rs. 4 lakhs as damages
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 herein below 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: When an offer is accepted by a person to whom it is made, it becomes a promise. But this promise will become legally binding only when the acceptance of the offer is unconditional.
Facts: Ram makes an offer to sell his house to Shyam for ₹50 lacs. Shyam accepts this offer but wants to pay the price of the house in five quarterly installments. Ram does not agree with it. Thereafter Shyam agrees to pay the price of the house in the way as originally desired by Ram. But Ram does not reply to it. Can Shyam compel Ram to sell his house to him?
Principle: The transferor of goods cannot pass a better title than what he himself possesses.
Facts: 'X' sells a stolen bike to 'Y' 'Y' buys it in good faith. As regards the title to bike, which of the following derivations is correct?
LEGAL PRINCIPLE: Every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner.
FACTUAL SITUATION: A and B started a partnership firm for providing vehicle repair services. C approached the firm for getting his car repaired and noticed that only B was present in the office. C informed the problem and B started repairing the car. While B was repairing, he filled petrol instead of oil in the engine. As a consequence, a small blast occurred and damaged the car. Now, C sued both A and B for the damage so caused. Decide.
DECISION:
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, then it becomes a 'fixture'.
Factual Situation 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.
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.
Amongst the following options, the most relevant consideration while deciding a case on the basis of the above two principles, would be
