मराठी

Principle: the Communication of a Proposal is Complete When It Comes to the Knowledge of the Person to Whom It is Made. Facts: 'A‘ Sent a Letter Making a Proposal

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प्रश्न

Principle: The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.

Facts: 'A‘ sent a letter making a proposal to 'B‘ to purchase the house of B.  

पर्याय

  • The communication of the proposal is complete when A sent the letter. 

  • The communication of the proposal is complete when B‘s wife received it. 

  • The communication of the proposal is complete when B‘s wife handed over the letter to B. 

  • The communication of the proposal is complete when B reads the letter.

MCQ
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उत्तर १

The communication of the proposal is complete when B reads the letter.

Explanation:

According to Section 4 of the Indian Contract  Act, The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. The communication of an acceptance is complete.   
As against the proposer, when it is put in a course  of transmission to him so as to be out of the power  of the acceptor;   
As against the acceptor, when it comes to the knowledge of the proposer.  The reasonable conclusion is that in the present problem that the communication of the proposal is complete when B reads the letter is the correct answer.

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उत्तर २

The communication of the proposal is complete when B reads the letter.

Explanation:

The communication of the proposal is complete only when B reads the paper. This is evident from the principle which states “The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.” It means only after B reads the letter, it comes to his knowledge.

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

संबंधित प्रश्‍न

Principle: An agreement with a boy below the age of eighteen years is not enforceable by law.  

Facts:  A man entered into an agreement with a girl of seventeen years of age. 


A and B enter into a contract to marry each other. Before the time fixed for the marriage, A goes mad. The contract becomes


A and B Hindu couples were married to each other. Owing to differences between them they decided to get divorced. They entered into a contract laying down the conditions that both parties had to adhere to. One of the terms of the contract was that their children would not be entitled to claim the ancestral property of A, the husband.


'Pacta Sunt Servanda' means that


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: The owner of a land is entitled to the column of air space above the surface ad infinitum. But, the right is restricted to such height as is necessary for the ordinary use and employment of his land, and the structure on it.

Factual Situation: A had constructed a single-storeyed house on a corner site.  He had no intention of building an additional floor. B his neighbour, who ran an internet parlour got a hoarding made,  which protruded over A's house at a height of around 6 feet above the terrace. A sues B for trespass.


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: If a contract is made by post between two persons living in two different cities, then the contract is said to be completed as soon as the letter of acceptance is properly posted and the place of completion of the contract is that city where acceptance is posted. It is worth mentioning here that in every contract there is always an offer from one party and the acceptance of the offer from the other party.

Facts: Sani, a resident of Patna, give an offer by post to sell his house for 25 lack to Hani, a resident of Allahabad. This offer letter is posted on 1st January 2013 from Patna and reaches Allahabad on 7th January 2013. Hani accepts this offer and posts the letter of acceptance on 8th January 2013 from Allahabad which reaches Patna on 16th January 2013. But Sani presuming that Hani is not interested in accepting his offer sells his house to Gani at the same price on the 15th of January, 2013. Hani files a suit against Sani for the breach of contract in the competent court of Allahabad. Whether Hani will succeed?


Principle: A gift comprising both existing and the future property is void as to the latter. 
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Under the aforementioned circumstances, which of the following derivations is correct?


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:


Principle: When a future event on which a contract is dependent is the way in which a person will act at an unspecified time, then the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time, or otherwise than under further contingencies. If the event becomes impossible such agreements become void. 

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