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Question
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: Every agreement, of which the object or consideration is opposed to public policy, is void. An agreement that has the tendency to injure public interest or public welfare is one against public policy. What constitutes an injury to the public interest or public welfare would depend upon the times and the circumstances.
Facts: 'A' promises to obtain for 'B' employment in the public service, and 'B' promises to pay rupees 5,00,000/- to 'A'.
Options
The agreement is void because rupees 5,00,000/- is excessive.
The agreement is valid, as it is with consideration for public service.
The agreement is valid, as it is a contract between two parties with their free consent.
The agreement is void, as the object and consideration for it is opposed to public policy.
Solution
The agreement is void, as the object and consideration for it are opposed to public policy.
Explanation:
The agreement is void, as the object and consideration for it are opposed to public policy. The promise made by 'A' to B is opposed to public policy as it has the tendency to injure public interest or public welfare. The agreement is, therefore, void.
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Which of the following statements is the most appropriate in relation to the legal principle stated above?
LEGAL PRINCIPLE The contract after the death of one party can be continued if it is ratified by the surviving party.
FACTUAL SITUATION Vishal, a famous artist was requested by Arun, an industrialist to draw the portrait of his deceased wife and paid ₹ 20,000/- in advance and agreed to pay when the work was completed, a sum of ₹2 lakhs·. When the portrait was half drawn, Vishal died due to a heart attack. His son also a fine artist completed his father's work and. demanded the money from Arun. Aron refused to pay and to accept the portrait drawn by Vishal's son and also demanded the advance to be returned.
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 second suit will not be heard on the same facts between the same parties.
Mr. Sampath went to a party alone in his wife Sunanda's car. He usually used his wife's car after office hours and his wife never objected to it. At the party, he got drunk. instead of taking the risk of driving the car, he requested his friend Mr. Vivek to drive him back home in Sunandas car, Mr. Vivek was quite sober since he had moderately consumed alcohol. On the way, Vivek knocked down a boy and injured his leg. Subsequently, on behalf of the boy, a claim for compensation was brought against Mrs.Sunanda since the car belonged to her and it was registered in her name. The insurance company refuses to pay compensation because the police report says that the person driving the car at the time of the accident had consumed alcohol.
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 herein below 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: In order to be eligible to appear in the semester examination, a student is required to attend, under all circumstances, at least 70% of the total classes held in that semester as per University rules.
Facts: Anand, an economically poor but a very brilliant student of LLB final semester, while going to his University by cycle received some leg injuries in a road accident. Consequently, Anand could not attend his classes for one week as he was advised to rest by his doctor for that period. Due to this absence from the university, Anand failed to have 70% attendance essential to appear in the examination and, therefore, he was debarred from appearing in the examination by the University authorities. Anand challenges this decision in the court of law.
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: When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal. The expression of willingness/desire results in a valid proposal only when it is made/addressed to some person(s).
Facts: 'X' makes the following statement in an uninhabited hall. 'I wish to sell my mobile phone for ₹1000.'
Which of the following derivations is correct?
LEGAL PRINCIPLES: A contract is an agreement enforceable by law.
FACTUAL SITUATION: Amita invited Bina to her house for dinner. Bina accepted the invitation but later did not go. On Bina's failure to attend, Amita filed a suit against Bina for the price of non-consumed food. Will the law enforce this agreement?
DECISION:
Principle: When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that person to such an act or abstinence, he is said to have made a proposal.
Factual Situation: Xavier telegrammed to William, "Will you sell me your house? Telegram the lowest cash price." William also replied by Telegram "The lowest price for my house is ₹30 lakh. Xavier immediately sent his reply consenting to William's telegram by saying "I agree to buy your house for ₹30 lakh asked by you." William refused to sell his house.
Decision
Principle: Money or good given to a person by mistake must be returned to the person who gave them.
Factual Situation: Sunil and Burma jointly owed ₹1000 to Siraj. Sunil pays the whole amount to Sirai in Suman's absence. Suman after returning from his vacations also paid the full amount to Siraj not knowing the fact that Sunil had already paid the same. Is Siraj bound to repay or return the extra money to Suman that he obtained under mistake from her?
