हिंदी

Principle: an Interest Created, Dependent Upon a Condition Fails, If the Fulfillment of the Condition is Impossible. Facts: a Promises to Pay Rs. Ten Lakh to B on Condition - Mathematics

Advertisements
Advertisements

प्रश्न

Principle: An interest created, dependent upon a condition fails, if the fulfillment of the condition is impossible.

Facts: A promises to pay Rs. Ten Lakh to B on condition that he shall marry A‘s daughter C. At the date on which A gave Rs. Ten Lac to B, C was dead. 

विकल्प

  • B‘s interest fails 

  • B‘s interest fails because of immorality 

  • B‘s interest fails because of prohibition by law 

  • B‘s interest does not fail 

MCQ

उत्तर

B‘s interest fails 

Explanation:

In this case, B’s interest fails because the fulfillment of the condition is impossible. Since A’s daughter C dies, the condition that B marries C for the payment of ₹10 lacs fails. However, it does not fail because of immorality or prohibition by law. 

shaalaa.com
Contract Law
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
2018-2019 (May) Set 1

संबंधित प्रश्न

Principle: A condition must be complied with after the happening of the event to which such a condition is attached.

Facts:  A promises to pay Rs. 5,000 to B on the condition that he shall marry with the consent of C, D, and E. B marries without the consent of C, D, and E, but obtains their consent after the marriage. 


A sells his car to B. A has a right to recover the price of the car from B. This right is a


When the contract is perfectly valid but cannot be enforced because of certain technical defects. This is called


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 contract between the father and his son is a contract of utmost good faith. In such a type of contract law presumes that at the time of entering into the contract the father was in a position to dominate the will of his son. Where one of the parties was in the position to father was in the will of the other parties, the contract is enforceable only at the option of the party whose will was so dominated.

Facts: Ram had advanced a sum of 10,000 to his minor son Shyam. When Shyam became major, his father Ram misused his parental position and entered into an agreement with Shyam and obtained a bond from him for a sum of 30,000 in respect of the advance. Whether this agreement is enforceable?


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 An agreement is void to the extent that it restricts absolutely a party from enforcing his contractual rights by usual proceedings in any ordinary court.

FACTUAL SITUATION: A and B entered into a transaction in Delhi for sale of goods based in Delhi. The contract stated that in case of a dispute, only civil courts in Chennai would have jurisdiction. Neither A nor B resided or carried on business in Chennai.


Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:

  1. Offer is a proposal made by one person to another to do any act or abstain from doing it. The person who makes the offer is known as the promisor or offeror and the person to whom an offer is made is known as the promisee or the offeree.
  2. A contract comes into being by the acceptance of an offer. When the person to whom the offer is made signifies his consent thereto, the proposal is said to be accepted and the parties are at consensus ad idem regarding the terms of the agreement.

Factual Situation: Tejas drove his car to a car park named Super Car Park (SCP).Outside the car park, the prices were displayed and a notice stated cars were parked at the owner's risk. An automatic ticket vending machine provided a ticket, a barrier was raised and Tejas parked his car. In small print on the ticket, it was stated that the ticket is issued subject to conditions displayed on the premises. On a pillar opposite to the machine was a notice stating the owners would not be liable for any injuries occurring on their premises. Tejas met with an accident and sought damages from SCP. SCP denied any liability on the basis of the exclusion clause which was mentioned in the notice on the pillar. Whether there are an offer and acceptance of the exclusion clause?


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: The object of an agreement is lawful unless it is forbidden by law; is of such a nature that, if permitted, it would defeat the provisions of any law; is fraudulent; involves or implies injury to the person or property of another person; the court regards it as immoral; it is opposed to public policy.

Factual Situation: A and B, a Hindu couple were married to each other. Owing to differences between them, they decided to get divorced.  They entered into a contract laying down the conditions that both parties had to adhere to. One of the terms of the contract was that their children would not be entitled to claim the ancestral property of A, the husband.


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: An unlawful interference with a person's use or enjoyment of land or some right over or in connection with it is a nuisance in tort. The fact that the plaintiff "came to the nuisance" by knowingly acquiring property in the vicinity of the defendant's premises is not a defense to nuisance. However, an act cannot be a nuisance if it is imperatively demanded by public convenience. Thus, when the public welfare requires it, a nuisance may be permitted for special purposes.
Factual Situation: D owned and occupied an estate about two miles from RAF Wittering, an operational and training base for Harrier Jump Jets. D claimed that they suffered severe noise disturbance every time the Harrier pilots carried out training circuits: an average of 70 times a day. D alleged that the noise nuisance constituted a very serious interference with their enjoyment of their land. D instituted judicial proceedings against the defendants, the Ministry of Defence (MoD), damages amounting to Rs. 1,00,00,000.
The MoD denied liability and raised the defence that the Harrier training was undertaken for the public benefit and that they had prescriptive right over the land as D had bought their property at a time when RAF Wittering was already established so he cannot claim compensation as he already knew about the existence of RAF Wittering near his property.
Decision:


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×