मराठी

Principle: When a Party to a Contract Has Refused to Perform Or Disabled Himself from Performing His Promise in Its Entirety, the Other Party Shall Not Put an End to the Contract.

Advertisements
Advertisements

प्रश्न

Principle: When a party to a contract has refused to perform or disabled himself from performing his promise in its entirety, the other party shall not put an end to the contract. 

Facts: A engaged B on April 12 to enter his service on June 1, but on May 11, A wrote to B that his services would not be needed. On May 22, B joined C for employment.

पर्याय

  • B cannot put the contract to an end.

  • B can put the contract to an end.

  • C can put his contract with B to an end.

  • A must pay damages to B.

MCQ
Advertisements

उत्तर

B cannot put the contract to an end.

Explanation:

B cannot put the contract to an end. In this case, A and B are the parties to the contract. A wrote to B that his services would not be needed. This message was conveyed after the contract was entered into. Meanwhile, B joined another employer. Since A did not fulfill the promise of the contract in its entirety, the other party, that is B cannot put an end to the contract.

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

संबंधित प्रश्‍न

Legal Principle: An essential condition in a contract for the sale of goods is that the seller has title over the goods sold.

Fact Situation: Ranjan pays rupees two thousand and buys a watch from Mohit who runs a watch showroom and a repair shop. Jatin sees the watch with Ranjan and tells him that it is his watch and was only given to Mohit for repairs. If what Jatin says is true

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


A owns a residential flat. He is entitled to a quiet possession and enjoyment of his property. This is called


An agreement is valid


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?


The following question consists of two statements, one labeled as ‘Assertion’ (A) and other as  ‘Reason’ (R). You are to examine these two statements carefully and select the correct answer.

Assertion (A): A void contract is not necessarily illegal

Reason (R): Every illegal contract is void.


Ramu applied for the post of Director in an organization. The governing body of the organization passed a resolution appointing him to the post. After the meeting, one of the members of the governing body informed him privately of the resolution. Subsequently, the resolution was rescinded.  Ramu claims damages. Which one of the following is the correct legal proposition in the case? 


Principle: Strike is a collective stoppage of work by workmen undertaken in order to bring pressure upon those who depend on the sale or use of the products of work, whereaslock-out is a weapon in the hands of the employer, similar to that of the strike in the armoury of workmen, used for compelling persons employed by him to accept his terms or conditions of or affecting employment. While in closure there is permanent closing down of a place of employment or part thereof, in lay-off an employer, who is whiffing to employ, fans or refuses or is unable to provide employment for reasons beyond his control.

Facts: Workmen of a textile factory went on strike as per law, demanding the payment of bonuses. The employer of the factory refused to pay any extra allowances, including a bonus, and besides, he closed down the factory till the strike was stopped.


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.  


Principle: The consideration or object of an agreement is unlawful if the court regards it as opposed to public policy. Every agreement of which the object or consideration is unlawful is void.

Facts: 'X' promises to obtain for 'Y' employment in the public service and 'Y' promises to pay ₹500000 to 'X'

Which of the following derivations is correct?


Study the following information and answer the questions that follow:

Principle: A 'fixture' is something attached to the land or a building in such a way that it is regarded as an irremovable part of the property you are considering buying. Some typical 'fixtures' in a home include the hot water service, range top, wall oven, fixed floor coverings, light fittings, and a built-in (under bench) dishwasher. Garden plants, including bushes and trees, are also 'fixtures'.
Rule A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
Rule B. If a movable thing is attached to the land or any building on the land than it becomes a 'fixture'.
Factual Situation 1: Khaleeda wants to sell a plot of land she owns in Beghmara (Meghalaya) and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for ₹60 lakh. After completing the sale, she removes the expensive Iranian carpet which used to cover the entire wooden floor of one of the bedrooms. The room had very little light and Khaleeda used this light-colored radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realizes this and files a case to recover the carpet from Khaleeda.

Situation 2:
Assume that in the above fact scenario, Khaleeda no longer wants the carpet. She removes the elaborately carved door to the house after the sale has been concluded and claims that Gurpreet has no claim to the door. The door in question was part of Khaleeda's ancestral home in Nagercoil (Tamil Nadu) for more than 150 years before she had it fitted as the entrance to her Beghmara house.

Rule C If a moveable thing is placed on land with the intention that it should become an integral part of the land or any structure on the land, it becomes a fixture. Applying  Rules A and C, to the fact situations in questions Situation 1 and Situation 2,  as a judge you would decide in favour of  


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×