Question

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 a contract is made by post between two persons living in two different cities, then the contract is said to be completed as soon as the letter of acceptance is properly posted and the place of completion of the contract is that city where acceptance is posted. It is worth mentioning here that in every contract there is always an offer from one party and the acceptance of the offer from the other party.

Facts: Sani, a resident of Patna, give an offer by post to sell his house for ₹25 lack to Hani, a resident of Allahabad. This offer letter is posted on 1st January 2013 from Patna and reaches Allahabad on 7th January 2013. Hani accepts this offer and posts the letter of acceptance on 8th January 2013 from Allahabad which reaches Patna on 16th January 2013. But Sani presuming that Hani is not interested in accepting his offer sells his house to Gani at the same price on the 15th of January, 2013. Hani files a suit against Sani for the breach of contract in the competent court of Allahabad. Whether Hani will succeed?

विकल्प

• Hani cannot succeed as Sani cannot be compelled by  law to wait for the answer from Hani for an indefinite  period of time

• Hani cannot succeed as he could use some other effective and speedy mode for communicating his acceptance in minimum possible time  

• Hani can succeed as he properly posted the letter of  acceptance and the delay was beyond his control

• Hani can succeed as contract became complete in the eyes of law on the date of posting the letter of  acceptance

Answer 1

Hani can succeed as contract became complete in the eyes of law on the date of posting the letter of  acceptance

Explanation:

According to the legal principle given the contract is said to be complete as soon as the letter of acceptance is property posted and the place of completion of the contract is that city where acceptance is posted. In this case, Hani can succeed, because he posted his acceptance the very next day without wasting any time, so the contract complete in the eyes of law on the date of posting the letter of acceptance.