Advertisements
Advertisements
प्रश्न
Legal Principle: An agreement entered into by way of a wager/bet is unenforceable in law.
Fact Situation: Thomas is very good at predicting the outcomes of cricket matches. Raja and Hoja give him rupees thousand each to enable him to bet with others about the outcome of a cricket match. Thomas wins rupees three lakh after betting three thousand rupees.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
पर्याय
Thomas must share rupees three lakh with Raja and Hoja equally.
Thomas must return rupees thousand each to Raja and Hoja.
Thomas need not share the three lakh with Raja and Hoja since it is the outcome of an unenforceable agreement.
If Thomas does not pay them rupees two lakh each, Raja and Hoja can sue him to recover their share.
Advertisements
उत्तर
Thomas need not share the three lakh with Raja and Hoja since it is the outcome of an unenforceable agreement.
Explanation:
Effects of wagering agreement-According to the section 30 of contract act, "agreements by way of wager are void; and no suit shall be brought for recovering anything alleged to be won on any wager, or entrusted to any person to abide the result of any game or other uncertain event on which any wager is made". Thus in the case presented before us, there is no agreement and even If there was an agreement, it was by way of wager, so it is void under section 30 of the contract act. Hence option (c) is the most appropriate and Thomas is not required to share his winnings with Raja and Hoja as there was no enforceable agreement between them.
APPEARS IN
संबंधित प्रश्न
Principle: Law never enforces an impossible promise.
Facts: 'A‘ made a promise to 'B‘ to discover treasure by magic.
A and B enter into a contract to marry each other. Before the time fixed for the marriage, A goes mad. The contract becomes
A contract enforceable at the instance of one Party is known as
No one can be convicted twice for the same offense. This doctrine is called
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: The object of an agreement is lawful unless it is forbidden by law; is of such a nature that, if permitted, it would defeat the provisions of any law; is fraudulent; involves or implies injury to the person or property of another person; the court regards it as immoral; it is opposed to public policy.
Factual Situation: A and B, a Hindu couple were married to each other. Owing to differences between them, they decided to get divorced. They entered into a contract laying down the conditions that both parties had to adhere to. One of the terms of the contract was that their children would not be entitled to claim the ancestral property of A, the husband.
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: Every person, who is of the age of majority, is competent to contract according to the law to which he is subject.
Facts: A minor mortgaged his house in favour of Thakur Das, a money lender, to secure a loan of ₹20000. A part of this, i.e. ₹10500 was actually advanced to him. While considering the proposed advance, the attorney who was acting for the money lender, received information that the plaintiff was still a minor. Subsequently the minor commenced an action stating that he was underage when he executed the mortgage and the same should, therefore, be cancelled. He prayed for setting aside the mortgage. The mortgagee money lender prayed for the refund of ₹10500 from the minor.
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: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not fraud unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.
Facts: X sells by auction to Y, a horse that X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer-
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: In case of a breach of contract, compensation can be awarded for the personal inconvenience suffered by a party by reason of the breach, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract to be likely to result from the breach of it.
Factual Situation: Sunita and Sushmita bought bus tickets for a journey from Adyar to Mandaveli. The bus was to go to St. Thomas Mount via Mandaveli. However, the driver mistakenly took the wrong direction and the two girls were dropped at a distance of 2Vi miles from Mandaveli on the highway. With no other transportation in sight nor a place to stay, the two had to walk 2V4 miles at midnight. Later they filed a case against the bus company and claimed 5,000 as damages for the inconvenience caused in having to walk and 6,500 for Sushmita having fallen ill by catching a cold during the night.
Decision:
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: A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.
FACTUAL SITUATION: Mr. X who is usually of sound state of mind, but occasionally of unsound state of mind, enters into a contract with Mr. Y when he was of unsound state of mind. Mr. Y having come to know about this fact afterward, wants to file a suit against Mr. X.
DECISION:
