Advertisements
Advertisements
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.
विकल्प
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.
उत्तर
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.
APPEARS IN
संबंधित प्रश्न
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: When a person who has made a promise to another person to do something does not fulfill his promise, the other person becomes entitled to receive, from the person who did not fulfill his promise, compensation in the form of money.
Facts: ‘X’ made a promise to ‘Y’ to repair his car engine. ‘Y’ made the payment for repair. After the repair, ‘Y’ went for a drive in the same car. While driving the car, ‘Y’ met with an accident due to the bursting of a tire.
Given below is a statement of legal principle followed by factual situations. Apply the principle to the facts and select the most appropriate answer.
PRINCIPLE Every agreement by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, to that extent is void.
FACTUAL SITUATION A company entered into a contract with Coca Cola Ltd. to bottle soft drinks produced by Coca Cola. One of the terms of the contract was that the company would not bottle soft drinks for any other competitor of Coca Cola during the pendency of the contract.
LEGAL PRINCIPLE Where the parents of a minor child due to their negligence allow the child an opportunity to commit a tort, the parents are liable.
FACTUAL SITUATION The father supplied an airgun to his son who was about to turn 18 next month. After some complaints of mischief. the father took the gun away and placed it in a corner of their storeroom which was used by the family to store surplus and other unnecessary stuff. The son took it out of the store and shot A. A sued his father. Is the father liable? DECISION:
In Ram v/s Shyam, Ram cannot be a
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: Law does not take notice of trifles.
Facts: A proposes to his neighbour B that they both should go together for a morning walk. B agrees to the proposal and it is decided that both of them would meet at a particular point at 6 AM from where they would set off for the morning walk. In spite of the agreement, B does not turn up. A waits for him at 6 AM every day for a continuous period of seven days. Thereafter he files a suit against B claiming damages for the agony and mental torture suffered by him. Decide.
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: In case of a breach of contract, compensation can be awarded for the personal inconvenience suffered by a party by reason of the breach, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract to be likely to result from the breach of it.
Factual Situation: Sunita and Sushmita bought bus tickets for a journey from Adyar to Mandaveli. The bus was to go to St. Thomas Mount via Mandaveli. However, the driver mistakenly took the wrong direction and the two girls were dropped at a distance of 2Vi miles from Mandaveli on the highway. With no other transportation in sight nor a place to stay, the two had to walk 2V4 miles at midnight. Later they filed a case against the bus company and claimed 5,000 as damages for the inconvenience caused in having to walk and 6,500 for Sushmita having fallen ill by catching a cold during the night.
Decision:
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: Mere silence as to facts likely to affect the decision of a person to enter into a contract does not amount to fraud unless his silence is in itself equivalent to speech.
Facts: A sells to B a horse which A knows to be of unsound mind. B says to A that if A does not say anything about the state of mind of the horse, then B shall presume that the horse is of sound mind. A says nothing to B about the mental condition of the horse.
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: A condition precedent must be complied with before the happening of the event to which such a condition is attached. Fulfillment of such a condition after the happening of the event is no fulfillment of a condition.
Facts: A transfers ₹5,000 to B on condition that he shall marry with the consent of C, D and E. As C, D, and E had to go abroad for some business purposes and as the date of marriage was already fixed, therefore, B marries without the consent of C, D, and E, but obtains their consent after the marriage when C, D, and E return to their country.
LEGAL PRINCIPLE: Every agreement, by which any party is restricted absolutely from enforcing his rights in respect of any contract, by the usual legal proceedings in the ordinary tribunals, is void to that extent.
FACTUAL SITUATION: Feroz and Pinto entered into an agreement for rendering certain services. As per the prevailing law, the agreement may be enforced either at Jaipur or Udaipur. The agreement itself, however, specifies that upon breach, the parties can only approach courts at Jaipur. Feroz breaches the contract and Pinto, being a resident of Udaipur. would like to sue him in Udaipur. He challenged the validity of the clause.
DECISION:
Principle: Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
Factual Situation: Roxanne supplies designer clothes to big showrooms and famous cloth houses. Max agrees to buy a certain consignment of only pink designer clothes for his shop due to the pink coloured theme of his famous shop. The issue cropped up when the exclusive pink coloured dresses were not delivered to Max's showroom, but to some other buyer, who had earlier contracted with Roxanne's store and all this was neither in the knowledge of Roxanne nor Max Decide whether the contract between Roxanne and Max is void?
