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प्रश्न
Principle: Terms of any written contract can be proved by producing the written contract only and oral evidence is excluded.
Facts: A gives B receipt for money paid by B. Oral evidence is offered to prove payment.
पर्याय
Oral evidence to prove payment is allowed
Oral evidence to prove payment is not allowed
Oral evidence is always allowed to prove all facts
Oral evidence is generally disallowed
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उत्तर
Oral evidence to prove payment is allowed
Explanation:
Oral evidence to prove payment is allowed. Receipt of money is only on acknowledgment, not a written contract, and oral evidence is excluded from the written contracts. Therefore, the oral evidence of the receipt of payment is allowed.
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संबंधित 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.
Principle: A condition must be complied with after the happening of the event to which such a condition is attached.
Facts: A promises to pay Rs. 5,000 to B on the condition that he shall marry with the consent of C, D, and E. B marries without the consent of C, D, and E, but obtains their consent after the marriage.
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 Generally, an agreement without consideration is not valid. Therefore in order to make a valid agreement some consideration which may have some value in the eyes of law, is essentially required.
FACTS William has an old car of which he makes seldom uses. He voluntarily enters into an agreement with Smith to sell this car for rupees ten thousand. Thereafter one Anson approaches William and offers to buy that car for rupees one lac as the car was one which Anson has been searching for long. Now William wants to cancel his agreement with Smith and refuses to deliver the car to him saying that consideration (price) for the car promised by Smith is negligible and, therefore, agreement with him cannot be said to be the valid one.
Which one of the following conditions regarding the acquisition of citizenship by naturalization has been wrongly listed?
P, Q, and R made a joint promise to give S a sum of ₹3000. S recovered the whole amount from P. Q was declared insolvent and cannot give anything. Which statement out of the following is correct?
Principle: Trade dispute means any dispute between employers and workmen or between workmen and workmen or between employers and employers which is connected with the employment or non-employment or the terms of employment or the conditions of labour, of any person. Disputes connected with the non-employment must be understood to include a dispute connected with a dismissal, discharge, removal, or retrenchment of a workman.
Facts: 'X', an employee in a sugar factory, raised a dispute against 'Y', the employer, through trade union regarding certain matters connected with his suspension from the employment.
LEGAL PRINCIPLES:
1. Once a person accepts another's an offer, and signifies such acceptance to the former, a contract comes into existence between them.
2. Uncertain agreements are void agreements.
3. Rejected offers can be accepted only if renewed.
FACTUAL SITUATION: Bakshi wanted to purchase a particular land. He sent a letter to his cousin. Dutt, offering him ₹4 lakhs for it. Dutt replied that he would not sell it below 5 lakhs. Bakshi communicated his willingness to pay this amount. Dutt did not sell the land to Bakshi. Bakshi sued him for breach of contract.
DECISION:
LEGAL PRINCIPLE: An agreement is void if its object is unlawful.
FACTUAL SITUATION: Sunil had a rich uncle who owned prime property in Chennai and had a lot of money in the bank. Being the only heir. Sunil was sure that he would inherit the property. One day, the uncle called him to his room and announced that he planned to marry again. This angered Sunil and he plans to murder his uncle so he hired Anuj, a murderer, and entered into a contract with him to kill his uncle. Sunil agreed to pay ₹10 lakhs to Anuj and even paid 5 lakhs as advance. The following night Anuj entered the uncle's house intending to kill him. On reaching there, he realised that Sunil's uncle was already dead so he left without doing anything. The next day, after the post mortem report, it transpired that Sunil's uncle had died due to heart attack. Now, Sunil wants to recover the advance from Anuj. Will he succeed?
DECISION:
The following question consists of two statements, one labelled as. 'Assertion' and the other as 'Reason'. Read both the statements carefully and answer using the codes given below.
Assertion (A): Custom to have the force of law must be followed from time immemorial.
Reason (R): Custom represents the common consciousness of the people.
Principle: When, at the desire of one person, any other person has done or abstained from doing something, such act or abstinence or promise is called a consideration for the promise.
Facts: X, the uncle of Y, made a promise to pay him an amount of ₹1,00,000/- as a reward if Y quits smoking and drinking within one year. Y quit smoking and drinking within six months.
