मराठी

Principle: an Agreement May Be Entered into Orally, in Writing, Or by Conduct. Facts: 'A‘ Went to the Shop of 'B‘ and Picked a Tooth Brush and Gave a Cheque of Rupees Twenty

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प्रश्न

Principle: An agreement may be entered into orally, in writing, or by conduct.    

Facts:  'A‘ went to the shop of 'B‘ and picked a toothbrush and gave a cheque of Rupees twenty to B and left the shop. 

पर्याय

  • A entered into an agreement with B. 

  • A did not enter into an agreement with B. 

  • Payment of tooth brush cannot be made through a cheque. 

  • A should have carried a currency note of Rupees twenty to make the payment. 

MCQ
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उत्तर

A entered into an agreement with B. 

Explanation:

The agreement is complete as evident from the writing and conduct of A. A cheque of Rs. 20 is the written form of contract (the contract is that I am paying Rs. 20 for the toothbrush). Secondly, A’s conduct of entering the shop, picking a toothbrush, and making cheque payment shows A and B have entered into a contract.

shaalaa.com
Contract Law
  या प्रश्नात किंवा उत्तरात काही त्रुटी आहे का?
2018-2019 (May) Set 1

संबंधित प्रश्‍न

Legal Principle: The insurer agrees to pay no more than the actual amount of the loss.

Fact Situation: Sunny insures his car worth rupees five lakh with X, an insurance company, for its value. He again insures the same car with Y, another insurance company, on the same terms. There is an accident and the car suffers a total loss. In his separate suits against X and Y, if Sunny recovers rupees five lakh from X, how much can he recover from Y?

Which of the following statements is the most appropriate in relation to the legal principle stated above?


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 An agreement is void to the extent that it restricts absolutely a party from enforcing his contractual rights by usual proceedings in any ordinary court.

FACTUAL SITUATION: A and B entered into a transaction in Delhi for sale of goods based in Delhi. The contract stated that in case of a dispute, only civil courts in Chennai would have jurisdiction. Neither A nor B resided or carried on business in Chennai.


Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:

  1. Offer is a proposal made by one person to another to do any act or abstain from doing it. The person who makes the offer is known as the promisor or offeror and the person to whom an offer is made is known as the promisee or the offeree.
  2. A contract comes into being by the acceptance of an offer. When the person to whom the offer is made signifies his consent thereto, the proposal is said to be accepted and the parties are at consensus ad idem regarding the terms of the agreement.

Factual Situation: Tejas drove his car to a car park named Super Car Park (SCP).Outside the car park, the prices were displayed and a notice stated cars were parked at the owner's risk. An automatic ticket vending machine provided a ticket, a barrier was raised and Tejas parked his car. In small print on the ticket, it was stated that the ticket is issued subject to conditions displayed on the premises. On a pillar opposite to the machine was a notice stating the owners would not be liable for any injuries occurring on their premises. Tejas met with an accident and sought damages from SCP. SCP denied any liability on the basis of the exclusion clause which was mentioned in the notice on the pillar. Whether there are an offer and acceptance of the exclusion clause?


A void agreement means


From the four answers given below, Choose the appropriate answer.

All contracts are agreements. All agreements are accepted offers. Which of the following derivation is correct?


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 occupier of premises owes a duty of care to all his invites and visitors.
FACTUAL SITUATION: Laloo was running a dairy from his house. People used a part of his farm as a short cut to get to a nearby railway station. Laloo who did not approve of this, put up a notice that "Trespassers will be prosecuted". However, since a number of these people were also his customers he tolerated them. One day, a person who was using this short cut was attacked by a bull belonging to the farm. The injured person filed a suit against him.

DECISION:


Mark the incorrect answer
The main purpose of the Law of Contract is


The question consists of legal propositions/principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that is given herein below for the 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.

Principle: In order to be eligible to appear in the semester examination, a student is required to attend, under all circumstances, at least 70% of the total classes held in that semester as per University rules.

Facts: Anand, an economically poor but a very brilliant student of LLB final semester, while going to his University by cycle received some leg injuries in a road accident. Consequently, Anand could not attend his classes for one week as he was advised to rest by his doctor for that period. Due to this absence from the university, Anand failed to have 70% attendance essential to appear in the examination and, therefore, he was debarred from appearing in the examination by the University authorities. Anand challenges this decision in the court of law.


The question consists of legal propositions/principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that is given hereinbelow for the 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.

Principle: Mere silence as to facts likely to affect the decision of a person to enter into a contract does not amount to fraud unless his silence is in itself equivalent to speech.
Facts: A sells to B a horse which A knows to be of unsound mind. B says to A that if A does not say anything about the state of mind of the horse, then B shall presume that the horse is of sound mind. A says nothing to B about the mental condition of the horse.


LEGAL PRINCIPLE: When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that person to such an act or abstinence, he is said to have made a proposal.

FACTUAL SITUATION: Ram sends a telegram to Sohan, writing: “Will you sell me your Rolls Royce car? Telegram the lowest cash price.” Sohan also replied by telegram: “Lowest price for the car is 20 lakh.” Ram immediately sent his consent through telegram stating: “I agree to buy the car for 20 lakh asked by you.” Sohan refused to sell the car. 

DECISION:


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