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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
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.
The question consists of two statements, one labelled as Assertion (A) and other as Reason (R).
You are to examine the two statements carefully and select the best option.
Assertion: Laws are means of achieving an end namely social control.
Reason: The ultimate end of law is to secure greatest happiness to greatest number.
Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of Attempt: Lord Blackburn has said that "there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
'SINY' with an intention to pick-pocket puts his hand into MlNU's pocket. MINU had a Joaded pistol in his pocket The thief touches the pistol and trigger goes on, whereby MINU is shot dead.
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.
Principle: Letters or words not describing the quality of things can be registered as a trademark.
Facts: Ram made an application for registration of alphabet 'B' written in a fancy style as a trademark to be applied on packets and cartons of shoes manufactured by him.
Mark the best option:
IPSO facto means?
Mark the best option:
An eye for an eye and a tooth for a tooth" relates to ___________ theory.
Mark the best option:
Principle: If a person below 18 years of age obtains property or goods by misrepresenting his age, he can be compelled to restore it, but only so long as the same is in his possession.
Facts: Niraj, a student of class 12 aged 171/2 years succeeded in deceiving Bhawarlal; a money-lender by telling him a lie about his age, and so got him to lend Rupees five thousand on the faith of his being adult. He lost the whole sum in gambling.
In the case of railways, a person nominated by the _______________ for the specified area shall be liable for the payment of the wage to the employees.
Time Of Payment Of Wages is covered under section ____ of Payment of Wages Act
The question consists of two statements, one labelled as Assertion (A) and other as Reason (R). You have to examine the two statements carefully and select the best option.
Assertion: Every person should have the freedom of speech and expression.
Reason: If a person is stopped from speaking then mankind will lose the truth.
