English

Principle: a Person, Who is Usually Mad, but Occasionally Not Mad, May Make a Contract When He is Not Mad. Facts: 'A‘ Generally Remains in the State of Madness and Rarely - Mathematics

Advertisements
Advertisements

Question

Principle: A person, who is usually mad, but occasionally not mad, may make a contract when he is not mad.  

Facts:  'A‘ generally remains in the state of madness and rarely becomes capable of understanding anything.

Options

  • A can make a contract. 

  • A can never make a contract. 

  • A can make a contract at any time whenever he pleases. 

  • A can make a contract only for his own benefit.  

MCQ
Advertisements

Solution

A can make a contract.

Explanation:

A can make the contract is evident from the principle that a person can make a contract when he is not mad. In this case on rare occasions when A is not mad, he can make a contract.

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

RELATED QUESTIONS

Legal Principle: ‘Gift' means a transfer of certain existing property made voluntarily and without consideration, by a donor, to a donee, and accepted by or on behalf of the donee during the lifetime of the donor.

Facts: Amit executed a gift deed for property ‘X’ in favour of Sooraj, who happened to be Amit’s loyal servant’s son settled in the U.S. Two months thereafter, Amit died without leaving a will regarding his assets. Amit’s children initiated steps to partition his entire property, including property ‘X’ among themselves. At that time, Sooraj came to India, and learning about the gift, claimed the property ‘X’.


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 there is a breach of contract, the resulting damages will have to be paid by the party breaching the contract to the aggrieved party. However, the parties are free to agree as to damages payable in advance in case there is a breach of contract.

Facts: Mr. Ramesh entered into a contract with Mr. Ramakrishna for selling his green Alto Car for Rs. 3 lakhs. Mr. Ramakrishna was to pay Rs. 3 lakhs on or before 25th April 2005 and take possession of the car. The party failing to honour the contract has to pay Rs. 40,000/- as damages to the other party. Mr. Ramakrishna has not performed his part of the contract. Mr. Ramesh is claiming Rs. 40,000/-


X, a married woman, agreed to live in adultery with B and also agreed to serve him as his housekeeper. In return, B agreed to pay X 500 per month for living in adultery and 500 per month for housekeeping. The agreement is


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: Minor's agreement is void from the very beginning. It can never be validated. It cannot be enforced in the court of law.

Facts: 'A', a boy of 16 yrs of age, agree to buy a camera from 'B', who is a girl of 21 yrs of age. Which of the following derivations is correct?


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?


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:


Study the following information  and answer the question that follows:

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, then it becomes a 'fixture'.

Factual Situation 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-coloured radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realises this and files a case to recover the carpet from Khaleeda.
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.

As a judge you would decide in favour of 


The following question consists of two statements, one labelled as. 'Assertion' and the other as 'Reason'. Read both the statements carefully and answer using the codes given below.

Assertion (A): The entries in the three legislative lists are not always set out with scientific precision.
Reason (R): The entries are not powers but are only fields of legislation.


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: The acceptance must be absolute and unqualified, leaving no ground for doubt or uncertainty. If the acceptance is conditional, no valid contract is formed, and the offer can be withdrawn at any moment until the absolute acceptance has taken place within a reasonable time of such an offer.
Factual Situation: Delhi Government conducted an auction for the sale of the license of the wine shop. X offered the highest bid which was provisionally accepted "...subject to the confirmation of Chief Commissioner who may reject any bid without assigning any reasons." Since X failed to deposit the required amount, the Chief Commissioner rejected the bid. The government held X liable for the difference between the bid offered by him and the highest bid accepted in reauction and commenced proceedings for the recovery of the sum. It was contended on behalf of the government of Delhi that X was under a legal obligation to pay the difference as it was due to his default that a resale of the excise shop was ordered and hence X was liable for the deficiency in price and all expenses of such resale which was caused by his default.
Decide, giving a reason, whether X is liable to make payment to the Delhi Government.


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×