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प्रश्न
Principle: Mere silence as to facts likely to affect the decision of a person to enter into a contract is not a fraud.
Facts: A sells to B (A‘s daughter who is a minor) a horse which A knows to be unsound. A says nothing to B about the unsoundness of the horse.
पर्याय
A has committed fraud
A has committed no fraud
There cannot be a contract between a father and daughter
The daughter did not ask therefore the father did not tell, hence no fraud
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उत्तर
A has committed no fraud
Explanation:
A has not committed fraud because A is merely silent as to the facts likely to affect the decision of a person to enter into a contract. In this case, A is silent about the fact of unsoundness of his horse which he sells to his daughter. Hence no fraud has been committed.
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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?
Voidable contract is one
The frustration of contract implies
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
1. Consideration is something that moves from the promisee 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.
2. An offer may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterward.
Factual Situation: The defendant, Mr. Dhawan, wrote to the complainant, Mr. Chaman, with an offer to sell his house to him for Rs. 8,00,000. He promised that he would keep this offer open to him until Friday. However, on a Thursday Mr. Dhawan accepted an offer from a third party and sold his house. According to Mr. Chaman, he was going to accept this offer but had not said anything to Mr. Dhawan because he understood that he had time until Friday. Mr. Dhawan communicated to Mr. Chaman that the offer had been withdrawn, through a friend to the complainant. After hearing this, Mr. Chaman went to find the defendant, informing of his acceptance of the offer. Thereafter, the complainant brought an action for specific performance and breach of contract against the defendant. Whether the defendant's promise to keep the offer open until Friday morning was a binding contract between the parties and whether he was allowed to revoke this offer and sell to a third party?
A death sentence by a lower court
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: The consideration or object of an agreement is unlawful if it is forbidden by law. Every agreement of which the object or consideration is unlawful is void.
Facts: 'X' promises to pay 'Y' ₹50000, if he ('Y') commits a crime, 'X' further promises to indemnify him ('Y') against any liability arising thereof. 'Y' agrees to act as per X's promise. Which of the following derivations is correct?
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:
LEGAL PRINCIPLE: A contract that is impossible to perform becomes void.
FACTUAL SITUATION: Surender agreed to deliver a specific quality of rice to Sonakshi identified by both of them. Before delivery, the rice was burnt by a short circuit. Is Surender discharged from the performance of the contract?
DECISION:
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:
1. Negligence is the absence of care on the part of one party which results in some damage to the other Party.
2. Generally, a person is under no duty to control another to prevent his doing damage to a third party.
3. The foreseeability test basically asks whether the person causing the injury should have reasonably foreseen the general consequences that would result because of his or her conduct.
4. Statutory authority implies that an act is done by a person to fulfill his duty imposed by the State. Statutory authority is a valid defence under the law of torts.
Factual Situation: Ten borstal trainees were working on an island in a harbour in the custody and under the control of three officers. During the night, seven of them escaped. It was claimed that at the time of the escape the officer's lad retired to bed. The seven got on board a yacht, moored off the island and set it in motion. They collided with another yacht, the property of X and damaged it. X sued the Home office for the amount of the damage. Decide whether, on the facts pleaded in the statement of claim the Home Office, its servants or agents owed any duty of care to X capable of giving rise to a liability in damages with respect to the detention of persons undergoing sentences of borstal training or with respect to the manner in which such persons were treated, employed, disciplined, controlled or supervised whilst undergoing such sentences.
Decision:
