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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.
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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.
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संबंधित प्रश्न
The law of contract is nothing but
An agreement is valid
A contract enforceable at the instance of one Party is known as
A void agreement means
LEGAL PRINCIPLE: The contract after the death of one party can be continued if it is ratified by the surviving party.
FACTUAL SITUATION: Vishal, a famous artist was requested by Arun, an industrialist to draw the portrait of his deceased wife and paid ₹20,000/- in advance and agreed to pay when the work was completed, the sum of ₹2 lakhs. When the portrait was half drawn, Vishal died due to a heart attack. His son also a fine artist completed his father’s work and demanded the money from Arun. Arun refused to pay and to accept the portrait drawn by Vishal’s son and also demanded the advance to be returned.
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 contract requires a proposal and acceptance of the proposal. It is necessary to make a binding contract, not only that the proposal be accepted, but also that the acceptance is notified to the proposer.
Factual Situation:
A sent a letter to B stating that he was willing to sell to B, 10 bags of rice at ₹20/- each. B sent an e-mail to the address mentioned in the letter-head, accepting the offer.
Principle: Money or good given to a person by mistake must be returned to the person who gave them.
Factual Situation: Sunil and Burma jointly owed ₹1000 to Siraj. Sunil pays the whole amount to Sirai in Suman's absence. Suman after returning from his vacations also paid the full amount to Siraj not knowing the fact that Sunil had already paid the same. Is Siraj bound to repay or return the extra money to Suman that he obtained under mistake from her?
LEGAL PRINCIPLE: Nobody shall unlawfully interfere with a person’s use or enjoyment of land, or some right over, or in connection with it. The use or enjoyment, envisaged herein, should be normal and reasonable taking into account the surrounding situation
FACTUAL SITUATION: Jogi and Prakash were neighbours in a residential locality. Prakash started a typing class in a part of his house and his typing sound disturbed Jogi who could not put up with any kind
DECISION:
The following question consists of two statements, one labelled as. 'Assertion' and the other as 'Reason'. Read both the statements carefully and answer using the codes given below.
Assertion (A): No action lies for more damage caused by some act that does not violate a legal right.
Reason (R): An action lies for interference with another's legal right even where it causes no actual damage.
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
1. A contract comes into being from the acceptance of an offer, When the person to whom the offer is made signifies his assent thereto, the proposal is said to be accepted and the parties are at consensus and idem regarding the terms of the agreement.
2. Consideration is something that moves from the promise to the promisor, at the implied or express request of the latter, in return for his promise. The item that moves can be a right. interest, profit, loss, responsibility given or suffered, forbearance, or a benefit which is of some value in the eyes of law.
3. Contractual rights and liabilities are exclusive to the parties to contract.
4. There are few exceptions to the doctrine of privity of contracts like agency, trust, assignment, and third party beneficiary.
5. A quasi-contract is a contract that is created by the court when no such official contract exists between the parties to prevent a party from being unjustly enriched, or from benefitting from the situation when he/she does not deserve to do so.
Facts: Tanu’s brother, Ishan, tries to talk her into building a greenhouse in her large back-yard. She declines, but lshan is convinced that, if she were surprised by a lovely greenhouse, she would love it. Knowing that Tanu makes good money, and could easily afford the greenhouse, Ishan contacts greenhouse builder Aditya and arranges to have him erect the structure while his sister is at work one day.
Tanu is not happy with her brother’s initiative, but the deed is done. Ishan has directed Aditya to bill his sister for the greenhouse, and that turns out to be the biggest surprise for her. She declines to pay, and Ishan tells Aditya he cannot afford it. Aditya is now out, not only for payment for his many hours of hard work but cash for the materials he used. He files a civil suit to claim against both Tanu and Ishan. Decide.
