Topics of Law Test 84

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Topics of Law Test 84

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Question 1
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LEGAL PRINCIPLE: 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?
DECIDE.

A
No, it is a social agreement.

B
Yes, Amita can recover amount for non-consumed food.

C
No. as Bina did not accept the invitation in writing.

D
No, because the law does not take account of trivial things.
Question 2
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LEGAL PRINCIPLE: An agreement is void if the court regards it as opposed to the public policy.
FACTUAL SITUATION: Sunita, while her husband Shankar was alive, promised to marry Neel in the event of Shankar's death. Subsequently, Shankar died, but Sunita refused to marry Neel. Neel sues Sunita for damages for breach of promise.
DECIDE.

A
Sunita is liable as she is bound to marry Neel.

B
She is liable to compensate Neel for breach of promise.

C
Neel can marry someone else.

D
She is not liable as the contract is opposed to public policy and is void.
Question 3
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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 are 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.

A
A can be held liable for fraud.

B
A can be held liable for misrepresentation.

C
A cannot be held liable, because he did not say anything positive about the soundness of horse.

D
A cannot be held liable because it is the buyer who must be aware of the things.
Question 4
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PRINCIPLE: Every agreement, by which any party is restricted absolutely from enforcing his rights of any contract, by the usual legal proceedings in the ordinary Tribunals, is void to that extent.
FACTUAL SITUATION: Feroz and Pinto entered into an agreement for rendering certain services. As per the prevailing law, the agreement may be enforced either at Jaipur or Udaipur. The agreement itself, however, specifies that upon breach, the parties can only approach courts at Jaipur. Feroz breaches the contract and Pinto, being a resident of Udaipur, would like to sue him in Udaipur. He challenged the validity of the clause,
DECIDE.

A
Pinto will succeed as Feroz had made him suffer and the law must take his convenience into account and allow him to sue in Udaipur

B
Pinto will succeed as the contract does not allow him to institute any legal proceedings in any court of Tribunal in Udaipur

C
Pinto will fail as the contract does not restrain him from instituting legal proceedings in Jaipur

D
Pinto will fail as he was of sound mind while entering into contract and having accepted it, he cannot now deny his obligation
Question 5
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Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: An agreement to do act impossible in itself is void.
FACTUAL SITUATION: A promises B to discover a treasure trove by magic, if B pays him Rs. 500. B being aware of the fact that A is a magician agrees to the same and pays him Rs. 500. But to B's dismay no treasure trove was discovered. B files a suit for breach of contract and to recover Rs. 500.
DECIDE.

A
B's suit will fail

B
B would recover Rs. 500

C
B would recover Rs. 500 only if he has suffered some loss

D
A shall be required to discover treasure trove by magic otherwise he would be liable for breach of contract.
Question 6
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LEGAL PRINCIPLE: An agreement may be entered into orally or in writing, or by conduct.
FACTUAL SITUATION: 'A' went to the shop of 'B' and picked a toothbrush and gave a cheque of Rupees twenty to 'B' and left the shop.

A
'A' should have carried a currency note of Rupees twenty to make the payment.

B
There was an agreement between 'A' and 'B'.

C
Payment of toothbrush cannot be made through a cheque.

D
'A 'did not enter into an agreement with 'B'.
Question 7
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LEGAL PRINCIPLE: Mere silence as to facts likely to affect the decision of a person to enter into a contract is not fraud.
FACTUAL SITUATION: 'A' sells to 'B' a horse which 'A' knows to be unsound. 'A' says nothing to 'B' about the unsoundness of the house.

A
'B' can take plea of fraud because she is minor.

B
'A' has committed fraud.

C
There cannot be a contract between a father and daughter.

D
'A' has not committed fraud.
Question 8
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Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.

LEGAL PRINCIPLE: A man must not make such use of his property as unreasonably and unnecessarily to cause to inconvenience to his neighbours.

FACTUAL SITUATION: X is the owner of a plot measuring 50 feet by 80 feet. He constructed a small house at one corner and was using the rest of the land as a cow shed. He had 20 cows and is involved in selling the milk to the public. The cow dung and other wastes were openly stored in a small 10 feet by 8 feet tank. This constantly paved way for bed smell and breeding of mosquitoes. Y, his neighbour constantly complained to X but in vain.

DECIDE.

A
Y cannot take any other action against X.

B
X can do something to prevent the foul smell.

C
Y can complain to the police.

D
Y can sue X for damages based on the inconvenience caused by X.

Solution

It is the obligation of the owner X to take care that the use of his property does not cause unreasonable incovenience to his neighbours.In the above situation Y has a right to sue X for damages caused due to incovenience (caused by the smell of cow dung and breeding of mosquitoes).
Question 9
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PRINCIPLE: Mere silence as to facts likely to affect the decision of a person to enter into a contract does not amount to fraud, unless his silence is in itself equivalent to speech.
FACTS: A sells to B a horse which A knows to be of unsound mind. B says to A that if A does not say anything about the state of mind of horse, then B shall presume that the horse of sound mind. A says nothing to B about the mental condition of horse.

A
A has committed fraud

B
A has committed mis-representation

C
There cannot be a fraud because A says nothing about the mental condition of the horse

D
There cannot be a fraud because B did not ask A whether the horse is of sound mind
Question 10
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PRINCIPLE: A contract between the father and his son is a contract of utmost good faith. In such type of contract law presumes that at the time of entering into the contract the father was in a position to dominate the will of his son. Where one of the parties was in position to dominate the will of the other party, the contract is enforceable only at the option of the party whose will was so dominated.
FACTS: Ram had advanced a sum of Rs. 10,000 to his minor son Shyam. When Shyam became major, his father Ram misused his paternal position and entered into an agreement with Shyam and obtained a bond from him for a sum of Rs. 30,000 in respect of the advance. Whether this agreement is enforceable?

A
The agreement is enforceable against Shyam only for Rs. 10,000, the actual amount of money advanced to him

B
The agreement is enforceable against Shyam for Rs. 30,000 because he has signed the bond

C
The agreement is enforceable against Shyam because he was major at the time of agreement

D
The agreement is not enforceable against Shyam because Ram has misused his position as father to obtain an unfair advantage

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Topics of Law Test 84

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Topics of Law Test 84

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SHARING IS CARING

Question 1

No, it is a social agreement.

Yes, Amita can recover amount for non-consumed food.

No. as Bina did not accept the invitation in writing.

No, because the law does not take account of trivial things.

Question 2

Sunita is liable as she is bound to marry Neel.

She is liable to compensate Neel for breach of promise.

Neel can marry someone else.

She is not liable as the contract is opposed to public policy and is void.

Question 3

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.

Question 4

Pinto will succeed as Feroz had made him suffer and the law must take his convenience into account and allow him to sue in Udaipur

Pinto will succeed as the contract does not allow him to institute any legal proceedings in any court of Tribunal in Udaipur

Pinto will fail as the contract does not restrain him from instituting legal proceedings in Jaipur

Pinto will fail as he was of sound mind while entering into contract and having accepted it, he cannot now deny his obligation

Question 5

B's suit will fail

B would recover Rs. 500

B would recover Rs. 500 only if he has suffered some loss

A shall be required to discover treasure trove by magic otherwise he would be liable for breach of contract.

Question 6

'A' should have carried a currency note of Rupees twenty to make the payment.

There was an agreement between 'A' and 'B'.

Payment of toothbrush cannot be made through a cheque.

'A 'did not enter into an agreement with 'B'.

Question 7

'B' can take plea of fraud because she is minor.

'A' has committed fraud.

There cannot be a contract between a father and daughter.

'A' has not committed fraud.

Question 8

Y cannot take any other action against X.

X can do something to prevent the foul smell.

Y can complain to the police.

Y can sue X for damages based on the inconvenience caused by X.

Solution

Question 9

A has committed fraud

A has committed mis-representation

There cannot be a fraud because A says nothing about the mental condition of the horse

There cannot be a fraud because B did not ask A whether the horse is of sound mind

Question 10

The agreement is enforceable against Shyam only for Rs. 10,000, the actual amount of money advanced to him

The agreement is enforceable against Shyam for Rs. 30,000 because he has signed the bond

The agreement is enforceable against Shyam because he was major at the time of agreement

The agreement is not enforceable against Shyam because Ram has misused his position as father to obtain an unfair advantage

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