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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: Every partner is liable alone and jointly with other partners for the debts of a partnership firm incurred for the business. Every partner is an agent of every other partner while being a principal in his own right in the business of the partnership.
Fact Situation: Varun is a partner in a firm with Chinmoy and Jaffar. Jaffar purchases a car for his personal purpose and obtains credit for the same in the name of the partnership behind the back of the other partners. He fails to pay the due amount on the expiry of the period of credit.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
पर्याय
Varun, Chinmoy, and Jaffar are liable to pay for the car since they are partners and the credit was obtained in the name of the firm.
Varun and Chinmoy are not liable to pay for the car since Jaffar purchased it for his personal purpose.
Varun, Chinmoy, and Jaffar are liable as partners for all credit obtained in the name of the firm even if it is for the personal purpose of a partner.
Jaffar can use the credit of the firm to make purchases even for personal purposes since he is a partner in the partnership.
उत्तर
Varun and Chinmoy are not liable to pay for the car since Jaffar purchased it for his personal purpose.
Explanation:
Every partner is an agent of the firm and his other partners for the purpose of the business of the partnership, and the acts of every partner who does any act for carrying on in the usual way business of the kind carried on by the firm of which he is a member bind the firm and his partners unless the partner so acting has in fact no authority to act for the firm in the particular matter, and the person with whom he is dealing either knows that he has no authority or does not know or believe him to be a partner. In the light of the given legal principle and explanation provided above it is clear that Jaffer purchased the car for his personal use and obtained credit for it acting outside his authority behind the back of other partners, he was not acting as an agent of the company or as the partner to Varun and Chinmoy but was acting on behalf of himself and for a personal motive. Hence other two partners are not liable to pay. leading option (2) is the most appropriate statement
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संबंधित प्रश्न
Principle: An agreement may be entered into orally, in writing, or by conduct.
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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.
Legal Principle: Agreements in restraint of trade are void and unenforceable.
Fact Situation: Manu has been working as a blacksmith in his village for many decades. Somu has been undergoing training with him for the past three years. After his training is over, Somu enters into an agreement with Manu that he will not start a competing business in the same village while Manu is alive.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
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.
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Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
- 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.
- 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: The plaintiffs offered to provide delivery of a machine tool for a price of ₹75,535. The delivery of the tool was set for 10 months, with the condition that orders only qualified as accepted once the terms in the quotation were met and prevailed over any of the buyer's terms. The buyer responded to the offer with their own terms and conditions, which did not include the 'price variation clause' listed in the seller's terms. This included a response section that required a signature and is returned in order to accept the order. The sellers returned this response slip with a cover letter signaling that delivery would be in accordance with their original quotation. The tool was ready for delivery but the buyers could not accept delivery, for which the sellers increased the price which was in line with their initial terms. This was denied by the buyer and an action was brought by the seller to claim the cost of delay and interest. Was a contract made with or without a price variation clause?
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.
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: When a person voluntarily agrees to suffer some harm, he is not allowed to complain about that.
Facts: ‘A’ was one of the spectators at a formula one car race, being held at Gurgaon, on a track owned by one’ company. During the race, there was a collision between two racing cars, one of which was thrown away amidst spectators, thereby causing an injury to ‘A’, ‘A’ claims damages for the injuries caused to him.
Principle: The consideration or object of an agreement is unlawful if the court regards it as opposed to public policy. Every agreement of which the object or consideration is unlawful is void.
Facts: 'X' promises to obtain for 'Y' employment in the public service and 'Y' promises to pay ₹500000 to 'X'
Which of the following derivations is correct?
Principle: Agreements in restraint of marriage are void.
Facts: 'X' enters into an agreement, with 'Y' where under he agrees not to marry anybody else other than a person whose name starts with the letter 'A' and promises to pay ₹ 100000 to 'Y' if he ('X') breaks this agreement.
Which of the following derivations is correct?
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Facts: For the purpose of making a uniform for the employees, 'A' bought dark blue coloured cloth from 'B' but did not disclose to the seller ('B') the specific purpose of the said purchase. When uniforms were prepared and used by the employees, the cloth was found unfit. However, the cloth was fit for a variety of other purposes (such as, making caps, boots, and carriage lining, etc)
Applying the afore-stated principle, which of the following derivations is correct as regards remedy available to 'A' in the given situation?
