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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: When the Parties to an Agreement - Legal Reasoning

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MCQ

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: When the parties to an agreement agree on the same thing in the same sense, there arises legally binding obligations between them.

Facts: Zaverilals antique shop was a well-known shop in the locality. Taradevi, a socialite of the locality, went to the shop and she was attracted by an earthen jar on display. Zaverilal explained to her that the jar belonged to the Hoysaia period; and despite its earthern composition, it was very strong and almost unbreakable. Taradevi replied to him that she was so captivated by the jar that it was immaterial to her as to which period, it belonged. She bought the jar and came home. She placed the jar in a prominent place in her drawing-room. One of her friends, an art critique, who happened to visit her, told her that the jar was not at all an Antique, but Taradevi did not bother about it. One day, it accidentally fell down and broke into pieces. Taradevi took up the matter with Zaverilal that his both statements were wrong and therefore, he should pay damages to her

Options

  • Zaverilal must compensate her since both the statements concerning jar were wrong

  • Zaverilal need not compensate, since, Taradevi was  not concerned with its antique value at all 

  • Zaverilal must compensate because he carelessly made the statements 

  • None of the above

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Solution

None of the above

Explanation:
Zaverilal should compensate as he said that the article was strong and almost unbreakable. The fact that the article broke will hold Zaverilal liable. None of the options given explore this possibility. Hence it's none of the above.

Concept: Contract Law
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