Principle: a Condition to a Contract Can Also Be Complied with After the Happening of the Event to Which Such a Condition is Attached. - Legal Reasoning


Principle: A condition to a contract can also be complied with after the happening of the event to which such a condition is attached.

Facts: 'A' promises to pay Rs. 5000 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.


  • 'B' has not fulfilled the condition.

  • 'B' has fulfilled the condition.

  • 'B's marriage is not valid.

  • The condition is illegal.



'B' has fulfilled the condition.


The above-noted problem is based on Section 32 of the Indian Contract Act in which after the happening of the event to which such a condition is attended.  The reasonable conclusion is drawn that B has fulfilled the condition. Hence "‘B’ has fulfilled the condition." is correct. 

Concept: Law of Torts (Entrance Exams)
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2015-2016 (May) Set 1


Principle: Civil Suit can be filed where the defendant resides or carries on business or where the cause of action arises.

Facts: 'A‘ carries on business in Gurgaon, 'B‘ carries on Business in Mumbai.  'B‘ through his agent in Gurgaon purchases goods in Gurgaon and takes delivery through an agent in Gurgaon. Where Civil Suit for payment of price can be filed by 'A‘? 

Principle: Doing of an act which causes common injury, danger or annoyance to the public or which is likely to cause such injury or annoyance is Public nuisance. A common nuisance is not excused because it causes some nuisance or advantage.

Facts: 'A‘ a farmer having large farmlands burns crop residue (stubble) on his fields after harvesting the crop to make the field ready for next crop as this is the easy, fast and convenient method of making the field ready for next crop. His farmlands are adjoining a densely inhabited residential area and people pass through the smoke while traveling on the road adjoining his farmlands. The smoke caused by fire also enters the houses in the colony.

Principle: Use of criminal force intentionally knowing that it would cause or is likely to cause injury or annoyance to the person against whom force is used, is an offense.

Facts: X, a renowned social worker who had launched a movement for the liberation of women, pull up a Muslim women‘s veil in public in good faith without her consent causing annoyance to her. 

1. Wagering agreements are void.
2. Collateral agreements to wagering contracts are valid.

Facts: XYZ Bank lends Rs. 40, 000 to Sabu in order to enable him to award as a prize to Randeep who is the winner of horse race. Later Sabu refuses to pay the prize stating that horse racing is wagering agreement. Can XYZ Bank recover money from Sabu?

Principle: Law does not penalise for wrongs which are of trivial nature.

Facts: In the course of a discussion, 'A' threw a file of papers at the table which touched the hands of 'B'.

The principle is to be applied to the given facts and to choose the most appropriate option:

Principle: Acceptance of a proposal must be absolute and unqualified.

Facts: ‘A’ made a proposal to sell his motorcycle to ‘B’ for rupees 25, 000/­. ‘B’ agreed to buy it for rupees 24,000/­. ‘A’ sold his motorcycle to ‘C’ for 26,000/­ the next day. ‘B’ sues ‘A’ for damages.

Legal Principle: No remedy lies in law where an injury is caused to a person without any infringement of his legal right.

Fact Situation: Ashutosh started a tuition Centre right next to the one being run for the past twenty years by Gulshan. After Ashutosh started his Centre, a large number of students shifted from Gulshan’s tuition Centre to Ashutosh’s Centre forcing Gulshan to close down his establishment suffering huge losses. Can Gulshan initiate legal action against Ashutosh?

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

Which of the following is not a reason for the general lack of liability for omissions in English law?

In most cases, a threat of violence made over the telephone cannot constitute an assault. Which of the following most accurately explains why not?

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

  1. 'Misrepresentation' means and includes -the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or anyone claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.
  2. The tort of negligent misstatement is defined as an inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn't possess this skill or knowledge.

Factual Situation: The plaintiff, Mr. Madan, entered into a tenancy agreement with the defendant, Esso Petroleum, in respect of a petrol station owned by the latter. During the course of the negotiation of the agreement, 'expert' advisers employed by the defendant had provided an estimate of the sales which the petrol station could expect which was based on inaccurate information and consequently was significantly inflated. The value of the rent on the agreement had been calculated based on this inflated figure. As a result, it was impossible for the plaintiff to operate the petrol station profitably. Whether the plaintiff could have any action for negligent misrepresentation?

Unliquidated damage stands for

Qui facit per alium facit per se stands for

PRINCIPLE Nuisance is the interference in the enjoyment of the property.

FACTS Pizzeria, a small cafeteria selling namesake used to run a wood-fired oven. The resulting smoke caused a lot of smoke in the neighbourhood and there were a number of complaints from the locals who had not witnessed such an oven. The food inspector taking cognizance of these reports asked the restaurant to shut down the oven. The owner who had earlier ran a similar establishment in Italy did not comply. Is Pizzeria committing a nuisance?

PRINCIPLE Mere delegation does not transfer authority unless there is an actual transference of the power to control the actions of the servant.

FACTS The Delhi Metro Rail Corporation set-up a link transport service permitting passengers to use buses to the end destinations. These buses and drivers were provided on contract to the Metro Corporation by the Delhi Bus Company and the drivers were trained, supervised and instructed into the routes and manner of driving by employees of the corporation. When a passenger X, had boarded one such bus and was involved in an accident on account of the bus driver; he wants to know against whom should he file the suit under the principle of vicarious liability.

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer. 

Legal Principle

1. A careless person becomes liable for his negligence when he owed a duty of care to others.

2. Valenti's non-fit injury is a defence to negligence.

Factual Situation

K was a friend of L and was teaching her to drive. Prior to such an arrangement, K had sought assurances from L that appropriate Insurance had been purchased in the event of an accident. On the third day, L was executing a simple manoeuvre at slow speed when she panicked which resulted in the car crashing into a lamp-post injuring K. L was subsequently convicted of driving without due care and attention. L denied liability to pay compensation to K on the ground of volenti non-fit injuria and also that she was just learning to drive and was not in complete control of the vehicle. Decide.

Principle: A Master is liable for the acts of his Servant as long as he can control the working of his servant.

A owned a taxi agency. She had hired B to drive one of her cars. On January 1, 2010, C called up A's taxi agency and asked for a car to drop him from his house to his place of work. On the way, because of the driver's negligence, the car hit a road divider and C was injured. He sued A for damages.

Principle: A Master is liable to third persons for every such wrong of his servant as committed in the course of service. For acts committed beyond the scope of employment, the master is liable only if he has expressly authorised the act.

A owned a bus and he had hired B to drive it and C to be the conductor. One day, when B had stepped out of the bus to have a cup of coffee. C decided to turn the bus around so that it was ready for its next trip. While doing so, C ran over D's leg, causing major injuries to him. D sued A for damages.

1. Medical professionals are not immune from liability in tort on the ground of negligence.  
2. Services rendered to a patient by a doctor (except when given free of charge) by way of consultation, diagnosis and treatment fall in the definition of "service" under the Consumer Protection Act, in case of negligence,  the doctors are liable in tort as well as under the  Consumer Protection Act.  

FACTUAL SITUATION: A was the only child of his parents.  Once he had a high fever and his parents called a doctor at home. This doctor used to work at a respectable hospital in  DelhiThe doctor administered certain medicines and asked the nurse to stay with him for the night and administer to him a chloroquine injection. This injection was generally not suitable for young children. The nurse, without a prior test, followed instructions of the doctor and gave the injection. As a result of an allergic reaction, the child died.  The parents sued the nurse and the doctor.  DECISION

Assertion (A): All minorities, whether based on religion or language, shall have the right to establish or administer educational institutions of their choice.  
Reason (R): Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Legal principle: Necessity knows no law, and any person facing danger may do all that is necessary to avert the same till he can take recourse to public authorities

Factual situation: Akshay, a law-abiding citizen decided to remove the weed of corruption from Indian society. One day, confronted with a bribing official, Akshay decided to teach him a lesson and punched him on his face. Akshay DECISION:


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