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प्रश्न
Principle: A condition must have complied in order to claim the benefit of an agreement.
Facts: A agrees to transfer a farm to B, if B shall not go to England within three years after the date of the agreement, his interest in the farm shall cease. B does not go to England within the term prescribed.
विकल्प
B‘s interest in the farm continues
B‘s interest in the farm does not continue
B has a fundamental right to go to England or not to go to England and hence the condition is illegal
The agreement between A and B is void
उत्तर
B‘s interest in the farm does not continue
Explanation:
B’s interest in the farm does not continue because his interest shall cease is itself the part of the condition. Read the facts. Here you will find that “his interest in the farm shall cease” is a part of the successful fulfillment of the condition.
APPEARS IN
संबंधित प्रश्न
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 Contract is an agreement freely entered into between the parties. But when consent to an agreement is obtained by undue influence, the contract is voidable at the option of the party whose consent was so obtained.
FACTUAL SITUATION The Pragya had been worked for a businessman Anurag since the age of 18, working for a range of Anurag's businesses. In 2000, (aged 21) Pragya purchased a flat. In 2005, Mr Anurag's business was facing financial difficulties, and he asked Pragya to offer up her flat as a financial security against an overdraft facility for the business. In July of that year, the.banks solicitors wrote to Pragya, advising that she should take independent legal advice before putting her property up as a security for the debt. The bank also notified Pragya that the guarantee was unlimited in both time and financial amount. Having discussed the arrangement with Anurag, Pragya was unaware of the extent of the borrowing but was assured that her mortgage would not be called upon and that his own properties which were also used as security would be looked at first. A charge was executed over the Pragya's property in August 2005. In 2009, Mr Anurag's business went into liquidation and the bank formally demanded ₹ 60 24,912 from Pragya. Pragya raised the defence of undue Influence - stating that Mr Anurag had induced her to enter into the agreement, and the bank had full knowledge/notice of this undue influence which should set aside the bank's right to enforce the debt recovery against Pragya. The bank is contending that there is no undue influence.
Whether the consent to offer the flat as financial security obtained through undue influence?
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 occupier of premises owes a duty of care to all his invites and visitors.
FACTUAL SITUATION: Laloo was running a dairy from his house. People used a part of his farm as a short cut to get to a nearby railway station. Laloo who did not approve of this, put up a notice that "Trespassers will be prosecuted". However, since a number of these people were also his customers he tolerated them. One day, a person who was using this short cut was attacked by a bull belonging to the farm. The injured person filed a suit against him.
DECISION:
Given below is a statement of legal principle followed by factual situations. Apply the principle to the facts and select the most appropriate answer.
A sent a letter to B stating that he was willing to sell to B, 10 bags of rice at ₹20/- each. B wrote a letter to A accepting the offer and posted it.
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 hereinbelow 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: If the object of an agreement is or becomes unlawful or immoral or opposed to public policy in the eyes of law, then the courts will not enforce such agreements. Law generally prohibits Child labour.
Facts: P enters into an agreement with T, by which P has to let his house to T for two years and T has to pay ₹20,000.00 per month to P as rent. T starts a child care centre in that house. But after some time in order to earn some money for the maintenance of the centre, T starts sending the children of the centre on the rotation basis to work for four hours a day in some nearby chemical and hazardous factories. When P comes to know about this new development, he asks T either to stop the children from working in factories or to leave his house immediately. T neither agrees to leave the house nor to stop the children from working in the factories. P files a suit in the court of law of appropriate relief/action.
Principle: Strike is a collective stoppage of work by workmen undertaken in order to bring pressure upon those who depend on the sale or use of the products of work, whereaslock-out is a weapon in the hands of the employer, similar to that of the strike in the armoury of workmen, used for compelling persons employed by him to accept his terms or conditions of or affecting employment. While in closure there is permanent closing down of a place of employment or part thereof, in lay-off an employer, who is whiffing to employ, fans or refuses or is unable to provide employment for reasons beyond his control.
Facts: Workmen of a textile factory went on strike as per law, demanding the payment of bonuses. The employer of the factory refused to pay any extra allowances, including a bonus, and besides, he closed down the factory till the strike was stopped.
Principle A proposal (offer) should be made with an intention that after its valid acceptance, a legally binding promise or agreement will be created. The test for the determination of such intention is not subjective, rather it is objective. The intention of the parties is to be ascertained from the terms of the agreement and the surrounding circumstances under which such an agreement is entered into.
As a general rule, in the case of arrangements regulating social relations, it follows as a matter of course that the parties do not intend legal consequences to follow. On the contrary, as a general rule, in the case of arrangements regulating business affairs, it follows as a matter of course that the parties intend legal consequences to follow. However, the above rules are just presumptive in nature and hence can be rebutted.
Facts: One morning while having breakfast, 'X', the father, says to 'Y' (X's son), in a casual manner, 'I shall buy a motorbike for you if you get through the CLAT.'
Which of the following derivations is correct?
LEGAL PRINCIPLE: Every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner.
FACTUAL SITUATION: A and B started a partnership firm for providing vehicle repair services. C approached the firm for getting his car repaired and noticed that only B was present in the office. C informed the problem and B started repairing the car. While B was repairing, he filled petrol instead of oil in the engine. As a consequence, a small blast occurred and damaged the car. Now, C sued both A and B for the damage so caused. Decide.
DECISION:
LEGAL PRINCIPLES: 1. Acceptance must be given only by the person to whom the offer is made. 2. Communication of acceptance to a person who did not make the offer does not bind the offeror.
FACTUAL SITUATION: Pal sold his business to Sam without disclosing it to his customers. Mani, an old customer sent an order for goods to Pal by name. Sam, the new owner, executed the order. Mani refuses to accept the goods from Sam as he intended to deal only with Pal. In a suit by Sam against Mani:
DECISION:
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.
Principle: Every agreement, of which the object or consideration is opposed to public policy, is void. An agreement that has the tendency to injure public interest or public welfare is one against public policy. What constitutes an injury to the public interest or public welfare would depend upon the times and the circumstances.
Facts: 'A' promises to obtain for 'B' employment in the public service, and 'B' promises to pay rupees 5,00,000/- to 'A'.
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.
