Legal Bites brings to you Law of Contract Mains Questions Series Part-III. The questions enlisted here are arranged section-wise and will aid the students preparing for Judiciary, APO or University Exams. The list of questions curated by Legal Bites will help candidates identify the important and frequently asked questions and give them a good practise for their aptitude and knowledge.
Law of Contract Mains Questions Series Part-III
We know answer writing is a continuous exercise that is an inalienable part of the preparation process for any Examination. A well-written answer not only reflects the knowledge of an aspirant but also his/her ability to tailor the content in a manner suited to meet the expectations of the question.
Rigorous preparation for this exam is mandatory in order to crack it. In the last few months prior to the exams, it is sufficient for candidates to simply keep practising these questions in order to gain mastery over the subjects studied. Not only the candidate’s confidence level but also their scores will show good improvement upon following it.
Law of Contract Mains Questions Series Part-III of X
A teaches his parrot to recite an offer and sends the parrot to B. The bird repeats the recitation before B, who says ‘yes’ to the offer. Is this a valid offer and acceptance, giving rise to an agreement? Give a reason for your answer. [HJS 1996]
A wrote to B offering to purchase his car for a particular price and also added that in the event of B not replying to him, A would consider the proposal to have been accepted. B does not reply. Is there a contract? Will B succeed? [HJS 1996]
A, a resident of Calcutta made a telephone call from there to B at Delhi and made him an offer for the sale of specified goods. B accepted the offer over the telephone but by then the trunk telephone went dead and A could not hear B. Is the contract complete? Give your reasons. [RJS 1974]
When communication of a proposal is complete? [RJS 1986]
When can acceptance be revoked? [RJS 1988]
“Acceptance is to offer what a lighted match is to a train of gunpowder. It produces something, which cannot be recalled or undone. But the powder may have lain till it has become damp or the man who has lain the train may remove it before the match is applied”. Explain with illustrations the principles sought to be expressed in the above passage. [DJS 1990]
The defendant made an offer to the Managing Director of a company that having no authority to do so, accepted it. That gave the company an option to ratify the contract. But the company ratified only after the defendant had withdrawn his offer. The company sued the defendant for specific performance. Decide. [DJS 1991]
‘A’ offered by letter to buy his nephew ‘F’s horse for Rs. 10,000/- adding that” if I hear no more about this I shall consider the horse to be mine at Rs. 10,000/-“. No answer was returned to this letter but F told B, an auctioneer, to keep the horse out of the sale of his farm stock, as he intended to reserve it for his uncle A. B sold the horse by mistake, A sues F for breach of contract and claims compensation. Decide? [DJS 2006]
X sends a letter to Y proposing to sell his house to Y for a certain price. When is the communication of the proposal completed? [DJS 2008]
Y accepts X’s proposal through a letter sent by post. When is the communication of the acceptance complete? [DJS 2008]
- as against X, and
- as against Y.
X revokes his proposal to sell his house by a telegram. When is the revocation complete? [DJS 2008]
- as against Y, and;
- as against X.
Facts: A, who was in Shimla, made an offer to B residing “at Delhi over the telephone for sale of 1000 boxes of apples of 10 Kgs. each at the rate of Rs. 100/- per kg. B accepted the offer. It was agreed between them that 50% of the consideration will be paid in advance by wire transferring the money to A’s account with his bank in Shimla within 2 days.
The consignment was to reach Delhi most definitely by the end of the following week since the season for apples was drawing to a close. A breached the contract inasmuch as the consignment was late by 2 weeks. B, who had transmitted the advance sum, refused to lift the consignment. A instituted a suit in Shimla for the balance consideration.
Stand taken: B defended the suit on merits as well as on the ground that since the acceptance was intimated from Delhi the contract was concluded in Delhi and hence, the court in Delhi had jurisdiction to entertain and try the suit.
Poser: Is the suit instituted by ‘A’ in Shimla maintainable? Give short reasons. [DJS 2010]
How does “communication of an officer” differ from “communication of acceptance? Support your answer by reference to leading cases. [MPJS 2010]
What is acceptance? What are the essential terms of a valid acceptance? [MPJS 2011]
How can an offer be made, revoked, or accepted? What rules apply when an offer is made through post or over the telephone? Discuss. [UPJS 2015]
‘A’ despatches the letter of acceptance to B which B does not receive. When A sues B for enforcement of the contract, B contends that there is no contract with A. Decide. [UPJS 1999]
Contract, Voidable contract, and void agreement (Ss. 10-30)
An agreement wherein both the parties and under a mistake a fact is void. [Gujarat JS 2020]
X, a person of 17 years of age by fraudulently misrepresenting himself to be of 19 years, agreed to sell a plot of land to Y for Rs. 10 lakhs and took an advance of Rs. 2 lakhs from Y at the time of entering into an agreement to sell. The time of registration of the sale deed was within 90 days from the date of agreement to sell. X later refused to execute and register the sale deed. Y filed a suit for specific performance of contract or refund of advance paid. Analyse the legal position of a minor’s contract. Discuss the statutory provisions and refer to decided cases. [HPJS 2018]
Write a short note on Misrepresentation is a contract. [BJS 2017]
What is Fraud? What are its essential ingredients? Is silence amounts to Fraud? [MPJS 2017]