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Question
Principle: An agreement may be entered into orally, in writing, or by conduct.
Facts: 'A‘ went to the shop of 'B‘ and picked a toothbrush and gave a cheque of Rupees twenty to B and left the shop.
Options
A entered into an agreement with B.
A did not enter into an agreement with B.
Payment of tooth brush cannot be made through a cheque.
A should have carried a currency note of Rupees twenty to make the payment.
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Solution
A entered into an agreement with B.
Explanation:
The agreement is complete as evident from the writing and conduct of A. A cheque of Rs. 20 is the written form of contract (the contract is that I am paying Rs. 20 for the toothbrush). Secondly, A’s conduct of entering the shop, picking a toothbrush, and making cheque payment shows A and B have entered into a contract.
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