Advertisements
Advertisements
Question
Principle: Terms of any written contract can be proved by producing the written contract only and oral evidence is excluded.
Facts: A gives B receipt for money paid by B. Oral evidence is offered to prove payment.
Options
Oral evidence to prove payment is allowed
Oral evidence to prove payment is not allowed
Oral evidence is always allowed to prove all facts
Oral evidence is generally disallowed
Solution
Oral evidence to prove payment is allowed
Explanation:
Oral evidence to prove payment is allowed. Receipt of money is only on acknowledgment, not a written contract, and oral evidence is excluded from the written contracts. Therefore, the oral evidence of the receipt of payment is allowed.
APPEARS IN
RELATED QUESTIONS
Principle: A condition must be complied with after the happening of the event to which such a condition is attached.
Facts: A promises to pay Rs. 5,000 to B on the condition that he shall marry with the consent of C, D, and E. B marries without the consent of C, D, and E, but obtains their consent after the marriage.
Agreement to murder a person
The contract is said to have three essentials. Which one among the following is not essential in the formation of a contract?
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 Agreements, the meaning of which is not certain, or capable of being made certain, are void.
FACT A horse was bought for a certain price coupled with a promise to give ₹500 more if the horse proved lucky.
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, the 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. Arun refused to pay and to accept the portrait drawn by Vishal’s son and also demanded the advance to be returned.
Which one of the following conditions regarding the acquisition of citizenship by naturalization has been wrongly listed?
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: An agreement to do an act impossible in itself cannot be enforced by a court of law.
Facts: Ramesh agrees with his girlfriend Shilpa to pluck stars from the sky through his extraordinary will power, and bring them down on Earth for her within a week. After the expiry of one week, Shilpa filed a suit for damages against Ramesh for the breach of contract as Ramesh failed to perform his promise.
Principle: Caveat emptor, i.e., 'let the buyer beware' stands for the practical skill judgment of the buyer in his choice of goods for purchase. It is the business of the buyer to judge for himself that what he buys has its use and worth for him. Once bought, and if the buyer is not up to his expectations, then he alone is to blame and no one else.
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?
Principle: When a person represents to another something like a true fact knowing well truly that it is not true," he is guilty of fraud. The person subjected to fraud may avoid an agreement.
Factual Situation: A presents a horse for sale. The' horse is kept on display so that anyone interested could examine it. The horse has a cracked hoof and it is cleverly concealed by the owner. B tells "if you do not deny it, I Shall assume that the horse is sound." A keeps silent. B purchases the horse.
Decision
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): Custom to have the force of law must be followed from time immemorial.
Reason (R): Custom represents the common consciousness of the people.