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: An agreement may be oral or written. However, if a law specifically required that an agreement must be in writing, then the agreement must be in writing. A law specifically requires that the agreements relating to the transfer of the copyright in the novel between an author of a novel and the producer of a motion picture must be in writing.

Facts: The author of a novel, Love at Lost Sight, had several rounds of discussion with a producer of motion picture regarding the making a motion picture based on Love at Lost Sight. During the last discussion, they decided to make a motion picture on Love at Lost Sigh. The producer made a motion picture on Love at Lost Sight after making a payment of ₹10,00,000 (ten Lac only) in cash to the author, who happily accepted this amount as full and final payment. Later on, on the advice of his lawyer, whose author brought a case in a court of law against the producer on the ground that there is no written agreement between the producer and him.

Options

• The author is likely to succeed in the case as the agreement is not in accordance with the law

• The author cannot succeed in the case as he has given  his consent to the agreement

• The author is not likely to succeed in the case because he has already accepted the amount of ₹10,00,000/ as full and final payment

• The author can succeed in the case as the consideration  is not adequate

Answer 1

The author is likely to succeed in the case as the agreement is not in accordance with the law

Explanation:

It is clearly mentioned in the principle, that the agreements relating to the transfer of the copyright in the novel between an author of a novel and the producer of a motion picture must be in writing. In this case, though the author accepted ₹10 lakh, the agreement was not in writing according to the provisions of law, which is mandatory in case of the transfer of copyright in the novel.