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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: Where one of the parties to a contract was in the position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate the decision of the other party.
Facts: A doctor asked his patient to make a payment of Rs. 10,00,000/- (Ten Lac Only) for treatment of his fever. The patient paid an amount of Rs. 5,00,000/- (Five Lac Only) and promised to pay the remaining amount after the treatment. After treatment, the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.
पर्याय
The contract is not enforceable as a doctor was in a dominating position.
The contract is enforceable against the patient by the doctor.
The contract is enforceable against the doctor.
The contract is not enforceable without the consent of the patient.
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उत्तर
The contract is enforceable against the patient by the doctor.
Explanation:
The contract is enforceable against the patient by the doctor. The contract between the doctor and the patient has the essentials of Consideration. The patient is supposed to pay the remaining 5 lakhs after the surgery. The doctor has recovery rights and should be paid the remaining money by the patient.
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.
Rule:
Whoever finds an unattended object can keep it unless the true owner claims that object. This does not affect the property owner's right to the ownership of the property on which the object is found. The right to ownership of a property does not include the right to ownership of unattended objects on that property.
Facts:
Elizabeth is the CEO of a global management services company in Chennai and is on her way to Ranchi to deliver the convocation address at India's leading business school on the outskirts of Ranchi. Flying business class on Dolphin Airlines, she is entitled to use the lounge owned by the airline in Chennai Airport while waiting for her flight. She finds a diamond ear-ring on the floor of the lounge and gives it to the staff of Dolphin Airlines expressly stating that in the event of nobody claiming the ear-ring within six months, she would claim it back. The airline sells the ear-ring after eight months and Elizabeth files a case to recover the value of the ear-ring from the airline when she is informed about its sale. To the original fact scenario, the following fact is added: In the lounge there are numerous signboards which proclaim 'Any unattended item will be confiscated by Dolphin Airlines'. In this case, you would:
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
Principle: A master is liable for the acts committed by his servant in the course of employment.
Fact: Sanjay is a driver working in Brookebond and co. One day, the manager asked him to drop a customer at the airport and get back at the earliest. on hiS way back from the airport, he happened 10 see his fian~ Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be close to his office. She got into the car and soon thereafter, the car somersaulted due to the negligence or Sanjay. Ruhina was thrown out of the car and suffered multiple in Juries. She seeks compensation from Brookebond and Co.
Principle: Defamation is the publication of a statement that tends to lower reputation of a person in the estimation of other members of the society generally.
Facts: 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly to 'B' in a sealed cover.
Principle: A person is said to have committed assault when apprehension is caused in the mind of a person that he is about to use physical force against his body.
Facts: 'A' abuses 'B' while he was sitting in a moving train, by aggressively shaking his fists when 'B' was standing on the railway platform at a distance.
Choose the most appropriate option:
'Audi alteram partem' means
Legal phrase is followed by four meanings. Choose the most appropriate option:
Caveat venditor
The primary legislation relating to organ donation and transplantation, aimed at regulation of removal, storage and transplantation of human organs for therapeutic purposes and for prevention of commercial dealings in human organs in India, namely, the Transplantation of Human Organs Act, was passed in the year
In case the state government wants to extent the applicability of Payment of wages Act to any other establishment or class of employees then it must give prior notice of ______________
The correct sequence in ascending order of their creation of the following international institution is:
- WTO
- GATT
- UNCTAD
- NAFTA
Local self-governance is an example of
