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: If the object of an agreement is or becomes unlawful or immoral or opposed to public policy in the eyes of law, then the courts will not enforce such agreements. Law generally prohibits Child labour.

Facts: P enters into an agreement with T, by which P has to let his house to T for two years and T has to pay ₹20,000.00 per month to P as rent. T starts a child care centre in that house. But after some time in order to earn some money for the maintenance of the centre, T starts sending the children of the centre on the rotation basis to work for four hours a day in some nearby chemical and hazardous factories. When P comes to know about this new development, he asks T either to stop the children from working in factories or to leave his house immediately. T neither agrees to leave the house nor to stop the children from working in the factories. P files a suit in the court of law of appropriate relief/action.

Options

• P cannot succeed as the agreement was for the two years and it cannot be terminated before the expiry of that period.

• P cannot succeed as the object at the time of the making of the agreement was not clear 

• P will succeed as the object of the agreement has  become unlawful

• P will not succeed if T agrees to share the wages of the children with P

Answer 1

P will succeed as the object of the agreement has become unlawful

Explanation:

According to the principle given here, if the object of an agreement is or becomes unlawful, then courts will not enforce such agreements, moreover, the law prohibits child labour. In the present scenario, in the beginning, T starts a child care centre in the premises of P, for which he is paying rent but after some time T angages children in a chemical and hazardous factory, which is against the provisions of law, hence the object has become unlawful.