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Question
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud unless the circumstances of the case ate such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speech.
FACT: A sells, by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horse's unsoundness.
Options
A can be held liable for fraud
A can be held liable for misrepresentation
A cannot be held liable, because he did not say anything positive about the soundness of horse.
A cannot be held liable because it is the buyer who must be aware of the things.
Solution
A cannot be held liable, because he did not say anything positive about the soundness of horse.
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This problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question.
Rules:
A. When land is sold, all ‘fixtures’ on the land are also deemed to have been sold.
B. If a moveable thing is attached to the land or any building on the land, then it becomes a ‘fixture’.
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As a judge, you would decide in favour of
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.
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Facts: Sunder agreed to take Bhola’s penthouse on rent for three years at the rate of rupees 12, 00, 000/- per annum provided the house was put to thorough repairs and the living rooms were decorated according to contemporary style.
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A contract in which, under the terms of a contract, one or both the parties have still to perform their obligations in the future is known as
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The following question consists of two statements, one labelled as. 'Assertion' and the other as 'Reason'. Read both the statements carefully and answer using the codes given below.
Assertion (A): The parties to the contract must be competent to contract otherwise it will be a void contract.
Reason (R): All wagering agreements are void.
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