Legal Aptitude 3 (Civil Law)
Description: Civil Law | |
Number of Questions: 25 | |
Created by: Darshan Khurana | |
Tags: Civil Law Main-Types of Laws |
Fact: A who owns two cars, one maruti and the other Santro, offers to sell B one car. A intending it to be the Maruti car B accepts the offer thinking that it is the santro. Issue: Is A liable?
Fact: S intending to deceive Y, falsely represents that 500 maunds of indigo are made annually at x`s factory and thereby induces Y to buy the factory. Issue: Is it a valid contract?
Fact: Mr. Balfour was employed in Ceylon. Mrs Balfour owing to ill health had to say in England and could not accompany him to Ceylon. Mr. Balfour promised to send her £30 per month while he was abroad. But Mr. Balfour failed to pay that amount. So Mrs Balfour filed a suit against her husband for breach of contract? Issue: Is Balfour liable for breach of contract?
Fact: Mr. Mukesh invites Mr. Vijay to a dinner at a hotel. Mr. Vijay accepts the invitation. It is purely a social agreement. Mr. Vijay fails to arrive at the dinner or Mr. Mukesh has to go out and is not available at his place at the dinner time due to some important work. Issue: Is Mr. Vijay liable for the non-performance of contract with Mukesh.
Fact: Two firms entered into a written contract for the sale and purchase of tissue paper. The agreement contained a clause to the effect that “this agreement is not entered into, nor is this memorandum written, as a formal or a legal document, and shall not be subject to legal jurisdiction in the law courts”. Since the goods were not delivered, the buyers brought an action for non-delivery. Issue: Are the sellers liable?
Fact: A, a person of week intelligence made a gift of his entire property to B, who was in a position to dominate him. the gift having been obtained by undue influence is voidable at the option of A. Issue: Is this contract valid?
Fact: X borrows Rs 50, 000 from Y for the purpose of smuggling goods. Y knows of the purpose of the loan. Issue: Is this agreement valid?
Fact : A purchased a horse from B and promised that if the horse was lucky to him, he would give Rs 50 more or he would purchase another horse. Issue: Is there a valid contract between A and B?
Fact: The carbolic Smoke Ball co. offered by advertisement, a reward of £ 100 to any person who should contract influenza after having used the smoke-ball three times daily for two weeks according to the printed directions. It also added that £ 100 have been deposited in the bank showing Mrs Carlill used the smoke - ball according to the directions to the company but contracted influenza. Issue: is Company liable to give the reward and Mrs Carlill is entitled to award?
Fact: A agreed to take B's house on rent for three years at the rent for three years at the rent of £ 85 per annum provided the house was put to thorough repair and the drawing rooms were decorated “according to present style” Issue: Is there a valid contract between A and B?
Fact: D sent his servant P to trace his missing nephew. D in the meantime announced a reward for providing information about the missing boy. P, in ignorance of the announcement traced the boy and informed D.P later on came to know and he claimed it. Issue: Is the servant entitled to reward?
Fact: T, Who could not read, took an excursion ticket on the railway. On the front of railway ticket was written that the company would not be liable for personal injured by a railway accident. Issue: Is the railway company liable?
Fact: N advertised in the newspaper to effect sale of his goods on a particular day at a particular place. H traveled a long distance to bid for the things. On arrival, he found that the sale was cancelled. He sued Issue: Is N liable?
Fact: M delivered one new saree to a laundry for washing. On the back of the printed receipt it was stated that the customer would be entitled to recover only 15% of the market price of the article in case of loss. The saree was lost owing to the negligence of the laundry. Issue: Is M entitled to claim the loss?
Fact: offered to purchase a lodge owned by P for Rs 6,000. He wrote to P's agent asking whether his offer was accepted. He also added that he was ready to accept any higher price if found reasonable. The agent replied,” Would not accept less than Rs. 10, 000 “. D accepted this and brought a suit for specific performance. Issue: Is P liable for specific performance?
Fact: A writes to B, “I offer to sell my house for Rs 40 000. if I do not receive a reply by Monday next, I shell assume that you have accepted the offer”. Issue : Is there a valid contract between A and B ?
Fact: A offered to sell a farm for £ 1, 000, x said he would give £ 950. A refused and x than said he would give £ 1,000, and when A declined to adhere to his original offer tried to obtain specific performance. Issue: Is there a valid contract between A and x ?
Fact: P deposited his bag at the clock room at a railway station and received a ticket containing on its face, the words ”see back.” On the back of the ticket there was a condition that , “ the company will not be responsible for any package exceeding the value of £ 10.” A notice to the same effect was hung up in the cloak room. P's bag was lost and he claimed the actual value of the lost bag, £ 24, 10 s. The claim was negatived and only £ 10 was awarded. Issue: Is the railway company liable?
Fact: P bought a steamer tickets on the face of which were these words only,” Dublin to Whitehaven.” On the back were printed certain conditions one of which excluded the liability of the company for loss, injury or delay to the passenger or his luggage. P had not seen the back of the ticket, nor was conditions on the back. P's luggage was lost on the way due to the negligence of the company's servants. Issue: Is the company liable?
Fact: T, an illiterate lady, took a ticket for a journey from a railway company. On the face of the ticket were the words.” for conditions see back. “ One the conditions absolved the railway company from liability for personal injuries to passenger. Issue: is Company liable?
Fact: P purchased from D company, a steamer ticket containing conditions printed in the French Language. At the foot of the ticket, there was intimation in red letters that the ticket was issued subject to the conditions printed on the back. One of these conditions was that the company incurred no liability for any damage which the luggage might sustain. The vessel was wrecked by the fault of the companys servants and P
s baggage was lost. P sued D for damages and claimed that he was not bound the conditions being unable to read French.
Issue: Is the company liable?
Fact: P and her husband hired a room at a hotel and paid a week`s rent in advance. When they went up to occupy the room there was a notice on one of the walls disclaiming the owners liability for damage, loss or theft of articles in the room. A thief entered the room due to the negligence of the hotel servants. Issue: Is the owner of the hotel liable?
Fact: D sent an offer to a firm with whom he had accounts. P who had just taken over the said firm got the letter addressed to the old firm, accepted the offer and sent the goods. P sued for the price of the goods. The court held that there was no contract since the order was to the held firm and the acceptance was by the new firm. An offer may also be made to the world at large, as the instance by an advertisement in the newspaper. In such a case only person or persons with notice of the offer can come forward and accept the offer. Issue: Are the claims of P genuine?
Fact: D wrote to P on 28 November 1971, offering to sell 800 tonnes of iron at Rs 6900 per ton. On the same day P wrote to D offering to buy 800 tonnes of iron Rs 6900 per ton. The two letters crossed in post and neither of them knew anything about the offer to the other. P contended that there was a good contract. Issue: What is the nature of contract and liabilities of the parties?