English

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

Advertisements
Advertisements

Question

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. 

Options

  • B has fulfilled the condition 

  • B has not fulfilled the condition 

  • The condition is illegal 

  • B must divorce his wife 

MCQ
Advertisements

Solution

B has fulfilled the condition

Explanation:

B has fulfilled the condition. The condition as understood in the principle is that the condition must be complied with after the happening of the event. The condition is that B will marry with the consent of C, D, and E. B has taken their consent after the marriage, that is, after the happening of the event. 

shaalaa.com
Contract Law
  Is there an error in this question or solution?
2018-2019 (May) Set 1

RELATED QUESTIONS

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.  


Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:

  1. Offer is a proposal made by one person to another to do any act or abstain from doing it. The person who makes the offer is known as the promisor or offeror and the person to whom an offer is made is known as the promisee or the offeree.
  2. A contract comes into being by the acceptance of an offer. When the person to whom the offer is made signifies his consent thereto, the proposal is said to be accepted and the parties are at consensus ad idem regarding the terms of the agreement.

Factual Situation: Tejas drove his car to a car park named Super Car Park (SCP).Outside the car park, the prices were displayed and a notice stated cars were parked at the owner's risk. An automatic ticket vending machine provided a ticket, a barrier was raised and Tejas parked his car. In small print on the ticket, it was stated that the ticket is issued subject to conditions displayed on the premises. On a pillar opposite to the machine was a notice stating the owners would not be liable for any injuries occurring on their premises. Tejas met with an accident and sought damages from SCP. SCP denied any liability on the basis of the exclusion clause which was mentioned in the notice on the pillar. Whether there are an offer and acceptance of the exclusion clause?


LEGAL PRINCIPLE: The contract after the death of one party can be continued if it is ratified by the surviving party.
FACTUAL SITUATION: Vishal, a famous artist was requested by Arun, an industrialist to draw the portrait of his deceased wife and paid 20,000/- in advance and agreed to pay when the work was completed, the sum of 2 lakhs. When the portrait was half drawn, Vishal died due to a heart attack. His son also a fine artist completed his father’s work and demanded the money from Arun. Arun refused to pay and to accept the portrait drawn by Vishal’s son and also demanded the advance to be returned.


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.


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: Every person, who is of the age of majority, is competent to contract according to the law to which he is subject.

Facts: A minor mortgaged his house in favour of Thakur Das, a money lender, to secure a loan of 20000. A part of this, i.e. 10500 was actually advanced to him. While considering the proposed advance, the attorney who was acting for the money lender, received information that the plaintiff was still a minor. Subsequently the minor commenced an action stating that he was underage when he executed the mortgage and the same should, therefore, be cancelled. He prayed for setting aside the mortgage. The mortgagee money lender prayed for the refund of 10500 from the minor.


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: Proposal (communication) + Acceptance (communication) + Consideration = Contract. The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.

Facts: X’s nephew absconded from home. He sent his servant in search of the boy. After the servant had left, X by handbills offered to pay 501 to anybody finding his nephew. The servant came to know of this offer only after he had already traced the missing child. He, therefore, brought an action to recover the reward.


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: In order to be eligible to appear in the semester examination, a student is required to attend, under all circumstances, at least 70% of the total classes held in that semester as per University rules.

Facts: Anand, an economically poor but a very brilliant student of LLB final semester, while going to his University by cycle received some leg injuries in a road accident. Consequently, Anand could not attend his classes for one week as he was advised to rest by his doctor for that period. Due to this absence from the university, Anand failed to have 70% attendance essential to appear in the examination and, therefore, he was debarred from appearing in the examination by the University authorities. Anand challenges this decision in the court of law.


Principle: A contract that is duly supported by real and lawful consideration is valid not withstanding the fact that the consideration is inadequate. The quantum of consideration is for the parties to decide at the time of making a contract and not for the courts (to decide) when the contract is sought to be enforced. An agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate, but the inadequacy of the consideration may be taken into account by the court in determining the question of whether the consent of the promisor was freely given.

Facts: 'A' agrees to sell his mobile phone worth 20000 for 100 only to ‘B’ as the content is freely given.
Which of the following derivations is correct?


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: Xavier telegrammed to William, "Will you sell me your house? Telegram the lowest cash price." William also replied by Telegram "The lowest price for my house is 30 lakh. Xavier immediately sent his reply consenting to William's telegram by saying "I agree to buy your house for 30 lakh asked by you." William refused to sell his house.
Decision


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.


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×