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Principle: the Communication of a Proposal is Complete When It Comes to the Knowledge of the Person to Whom It is Made. Facts: 'A‘ Sent a Letter Making a Proposal - Mathematics

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प्रश्न

Principle: The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.

Facts: 'A‘ sent a letter making a proposal to 'B‘ to purchase the house of B.  

विकल्प

  • The communication of the proposal is complete when A sent the letter. 

  • The communication of the proposal is complete when B‘s wife received it. 

  • The communication of the proposal is complete when B‘s wife handed over the letter to B. 

  • The communication of the proposal is complete when B reads the letter.

MCQ

उत्तर १

The communication of the proposal is complete when B reads the letter.

Explanation:

According to Section 4 of the Indian Contract  Act, The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. The communication of an acceptance is complete.   
As against the proposer, when it is put in a course  of transmission to him so as to be out of the power  of the acceptor;   
As against the acceptor, when it comes to the knowledge of the proposer.  The reasonable conclusion is that in the present problem that the communication of the proposal is complete when B reads the letter is the correct answer.

shaalaa.com

उत्तर २

The communication of the proposal is complete when B reads the letter.

Explanation:

The communication of the proposal is complete only when B reads the paper. This is evident from the principle which states “The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.” It means only after B reads the letter, it comes to his knowledge.

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

संबंधित प्रश्न

The contract is said to have three essentials. Which one among the following is not essential in the formation of a contract?


Mark the incorrect answer
The main purpose of the Law of Contract is


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: A contract requires a proposal and acceptance of the proposal. It is necessary to make a binding contract, not only that the proposal is accepted, but also that the acceptance is notified to the proposer.

Factual Situation: 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.


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: When the parties to an agreement agree on the same thing in the same sense, there arises legally binding obligations between them.

Facts: Zaverilals antique shop was a well-known shop in the locality. Taradevi, a socialite of the locality, went to the shop and she was attracted by an earthen jar on display. Zaverilal explained to her that the jar belonged to the Hoysaia period; and despite its earthern composition, it was very strong and almost unbreakable. Taradevi replied to him that she was so captivated by the jar that it was immaterial to her as to which period, it belonged. She bought the jar and came home. She placed the jar in a prominent place in her drawing-room. One of her friends, an art critique, who happened to visit her, told her that the jar was not at all an Antique, but Taradevi did not bother about it. One day, it accidentally fell down and broke into pieces. Taradevi took up the matter with Zaverilal that his both statements were wrong and therefore, he should pay damages to her


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: Mere silence as to the facts likely to affect the willingness of a person to enter into a contract is not fraud unless the circumstances of the case are such that, on close examination, it is found to be the duty of the person keeping silent to speak, or unless his silence is, in itself, equivalent to speech.

Facts: X sells by auction to Y, a horse that X knows to be of unsound state of mind. X says nothing to Y about the horse’s unsound state of mind. Give the correct answer-


The following question consists of two statements, one labeled as ‘Assertion’ (A) and other as  ‘Reason’ (R). You are to examine these two statements carefully and select the correct answer.

Assertion (A): A void contract is not necessarily illegal

Reason (R): Every illegal contract is void.


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 pact, other than a pact to commit suicide, to suffer any harm is not an offence, provided the age of the person who has given his consent to suffer harm is above eighteen years.

Facts: A enters into a pact with B, a boy of less than 18 years of age, to fence with each other for amusement. They agreed to suffer any harm which, in the course of such fencing, may be caused without foul play.


Principle: A contract that is duly supported by real and lawful consideration is valid not withstanding the fact that the consideration is inadequate. The quantum of consideration is for the parties to decide at the time of making a contract and not for the courts (to decide) when the contract is sought to be enforced. An agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate, but the inadequacy of the consideration may be taken into account by the court in determining the question of whether the consent of the promisor was freely given.

Facts: 'A' agrees to sell his mobile phone worth 20000 for 100 only to ‘B’ as the content is freely given.
Which of the following derivations is correct?


Principle: The consideration or object of an agreement is unlawful if it is forbidden by law. Every agreement of which the object or consideration is unlawful is void. 

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Study the following information  and answer the questions that follow: 

Principle: A 'fixture' is something attached to the land or a building in such a way that it is regarded as an irremovable part of the property you are considering buying. Some typical 'fixtures' in a home include the hot water service, range top, wall oven, fixed floor coverings, light fittings, and a built-in (under bench) dishwasher. Garden plants, including bushes and trees, are also 'fixtures'.
Rule A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
Rule B. If a movable thing is attached to the land or any building on the land, then it becomes a 'fixture'.
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Assume that in the above fact scenario, Khaleeda no longer wants the carpet. She removes the elaborately carved door to the house after the sale has been concluded and claims that Gurpreet has no claim to the door. The door in question was part of Khaleeda's ancestral home in Nagercoil (Tamil Nadu) for more than 150 years before she had it fitted as the entrance to her Beghmara house.

Amongst the following options, the most relevant consideration while deciding a case on the basis of the above  two principles, would be


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