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प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: Acceptance of a proposal must be absolute and unqualified.
Facts: ‘A’ made a proposal to sell his motorcycle to ‘B’ for rupees 25, 000/. ‘B’ agreed to buy it for rupees 24,000/. ‘A’ sold his motorcycle to ‘C’ for 26,000/ the next day. ‘B’ sues ‘A’ for damages.
पर्याय
‘B’ will get the difference of rupees 1,000/ only.
‘B’ will not get any damages from ‘A’.
‘B’ will get damages from ‘A’
‘B’ can proceed against ‘C’
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उत्तर
‘B’ will not get any damages from ‘A’.
Explanation:
According to Section 7 of the Contract Act, the acceptance must be absolute and unqualified. It must correspond with all the terms of the offer. Conditional acceptance is not an acceptance. In case of a variation in terms of acceptance, there is no acceptance but a counteroffer, which the proposer is free to accept or refuse. A counteroffer destroys the original offer. Thus, the offerer cannot revert to the original offer and purport to accept it. (Trollope & Colls Ltd. v Atomic Power Construction ltd (1963)).
In the given problem, 'A' is the offerer and 'B' makes a counteroffer to 'A'. 'B' agrees to buy the motorbike from 'A' which is a new offer from B which was not accepted by 'A'. On selling the motorbike to 'C', 'A' does not violate a contract and thus, 'B' cannot sue 'A' for damages.
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संबंधित प्रश्न
Mark the best option:
Facts: A had pawned his gold chain to B. One night he sneaks into B’s shop and takes away the gold chain. B had installed a CCTV in his shop and when he replays the previous days recording he finds out what A has done. B wants to file a complaint of theft against A. He comes to you for advice. Give legal advice to B.
Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent moves that property in order to take it, is said to commit theft.
The principle is to be applied to the given facts and to choose the most appropriate option
Principle: Assault is causing bodily injury to another person by use of physical force.
Facts: Rustum while entering into compartment of a train raised his fist in anger towards a person Sheetal, just in front of him in the row, to get way to enter into the train first, but did not hit him. Rustum has:
Legal Principle: The law states that a food business operator must be registered with or licensed by the Food Safety and Standards Authority of India (FSSAI) to run a food business.
Fact Situation: Kavita’s neighbours suffer food poisoning after consuming sweets gifted by her on the occasion of a celebration at her home. Kavita does not have a registration or license from the FSSAI.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Aaron points a gun at Bridget and threatens to shoot her. Aaron knows that the gun is not loaded but Bridget does not. Which of the following most accurately states the likely outcome if Bridget sues Aaron alleging assault?
Which of the following court cases involves a tort?
This tort occurs most often in society.
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Principle: A master shall be responsible for the wrongful acts of his servants in the course of his employment.
Facts: The Syndicate Bank was running a small savings scheme under which its authorized agents would go round and collect small savings from several people on daily basis. These agents would get commission, on the deposits so collected. Ananth was one such agent, collecting deposits from factory workers engaged on daily wages. Though he regularly carried on his business for sometime, slowly he started appropriating deposits for his personal use and one day he just disappeared. One Fatima, who had been handing over her savings to him found that nearly for a month before his disappearance, he was not depositing her savings at all. The Bank, when approached, took the stand that Ananth was not its regular and paid employee and therefore, it was not responsible for his misconduct. She files a suit against the Bank
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: The master/principal is liable for all acts done by his duly appointed servant/agent for all acts done by him lawfully in the course of his employment.
Factual Situation: A had an agency that used to lend carpenters to people on need basis. A deputed B to do some repair work in C's shed. While so doing, B lit up a cigarette and threw it as soon as he saw someone coming there. The cigarette remaining lit caused a fire and she was reduced to ashes. C sued A and B. Decide. DECISION:
Assertion (A): All minorities, whether based on religion or language, shall have the right to establish or administer educational institutions of their choice.
Reason (R): Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.
