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प्रश्न
Legal Principle: An agreement entered into by way of a wager/bet is unenforceable in law.
Fact Situation: Thomas is very good at predicting the outcomes of cricket matches. Raja and Hoja give him rupees thousand each to enable him to bet with others about the outcome of a cricket match. Thomas wins rupees three lakh after betting three thousand rupees.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
विकल्प
Thomas must share rupees three lakh with Raja and Hoja equally.
Thomas must return rupees thousand each to Raja and Hoja.
Thomas need not share the three lakh with Raja and Hoja since it is the outcome of an unenforceable agreement.
If Thomas does not pay them rupees two lakh each, Raja and Hoja can sue him to recover their share.
उत्तर
Thomas need not share the three lakh with Raja and Hoja since it is the outcome of an unenforceable agreement.
Explanation:
Effects of wagering agreement-According to the section 30 of contract act, "agreements by way of wager are void; and no suit shall be brought for recovering anything alleged to be won on any wager, or entrusted to any person to abide the result of any game or other uncertain event on which any wager is made". Thus in the case presented before us, there is no agreement and even If there was an agreement, it was by way of wager, so it is void under section 30 of the contract act. Hence option (c) is the most appropriate and Thomas is not required to share his winnings with Raja and Hoja as there was no enforceable agreement between them.
APPEARS IN
संबंधित प्रश्न
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.
Consists of legal proposition(s)/ principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every 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, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
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A death sentence by a lower court
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DECISION:
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.
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Decision:
