Question:
Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle 1 : A misrepresentation arises when a person makes a false statement of fact to another which induces the other party to enter into a contract, resulting in loss to that other party.
Principle 2 : When consent to an agreement is caused by misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.
Facts : It was Kritika’s mother’s 50th birthday on 9th February 2021. Kritika decided to organise a lavish celebration to celebrate the event. Kritika’s mother used to play the piano before her marriage. However, after Kritika was born, she was unable to take out any time to pursue her interest in playing the instrument. Kritika learnt about this from her maternal grandmother a few days before her mother’s birthday. She decided to give her mother a piano on her 50th birthday.
She visited Himanshu’s piano store for this purpose. Himanshu showed Kritika all the pianos available at his store and explained the features of each model. Kritika had no prior knowledge of pianos and hence relied upon Himanshu’s opinion. She saw a vintage piano and was immediately drawn to it. Being a shrewd businessman, Himanshu saw an opportunity to sell the piano and said “They don’t make them like this anymore. It’s got a fine tone and it’s really cheap at ` 50,000”.
Kritika purchased the piano and gifted the same to her mother. However, when her mother started playing it, she immediately realized that the piano was of an inferior quality and that the tone was not proper. Kritika and her mother approached Himanshu and asked him to either replace the piano or refund the money. Himanshu refused to do either. What would be the strongest argument that Himanshu could make ?
Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle 1 : A misrepresentation arises when a person makes a false statement of fact to another which induces the other party to enter into a contract, resulting in loss to that other party.
Principle 2 : When consent to an agreement is caused by misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.
Facts : It was Kritika’s mother’s 50th birthday on 9th February 2021. Kritika decided to organise a lavish celebration to celebrate the event. Kritika’s mother used to play the piano before her marriage. However, after Kritika was born, she was unable to take out any time to pursue her interest in playing the instrument. Kritika learnt about this from her maternal grandmother a few days before her mother’s birthday. She decided to give her mother a piano on her 50th birthday.
She visited Himanshu’s piano store for this purpose. Himanshu showed Kritika all the pianos available at his store and explained the features of each model. Kritika had no prior knowledge of pianos and hence relied upon Himanshu’s opinion. She saw a vintage piano and was immediately drawn to it. Being a shrewd businessman, Himanshu saw an opportunity to sell the piano and said “They don’t make them like this anymore. It’s got a fine tone and it’s really cheap at ` 50,000”.
Kritika purchased the piano and gifted the same to her mother. However, when her mother started playing it, she immediately realized that the piano was of an inferior quality and that the tone was not proper. Kritika and her mother approached Himanshu and asked him to either replace the piano or refund the money. Himanshu refused to do either. What would be the strongest argument that Himanshu could make ?
Principle 1 : A misrepresentation arises when a person makes a false statement of fact to another which induces the other party to enter into a contract, resulting in loss to that other party.
Principle 2 : When consent to an agreement is caused by misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.
Facts : It was Kritika’s mother’s 50th birthday on 9th February 2021. Kritika decided to organise a lavish celebration to celebrate the event. Kritika’s mother used to play the piano before her marriage. However, after Kritika was born, she was unable to take out any time to pursue her interest in playing the instrument. Kritika learnt about this from her maternal grandmother a few days before her mother’s birthday. She decided to give her mother a piano on her 50th birthday.
She visited Himanshu’s piano store for this purpose. Himanshu showed Kritika all the pianos available at his store and explained the features of each model. Kritika had no prior knowledge of pianos and hence relied upon Himanshu’s opinion. She saw a vintage piano and was immediately drawn to it. Being a shrewd businessman, Himanshu saw an opportunity to sell the piano and said “They don’t make them like this anymore. It’s got a fine tone and it’s really cheap at ` 50,000”.
Kritika purchased the piano and gifted the same to her mother. However, when her mother started playing it, she immediately realized that the piano was of an inferior quality and that the tone was not proper. Kritika and her mother approached Himanshu and asked him to either replace the piano or refund the money. Himanshu refused to do either. What would be the strongest argument that Himanshu could make ?
Updated On: Aug 4, 2024
- Himanshu is not liable to do either because it is only Kritika’s mother’s subjective opinion that the piano was ‘inferior’ and that the tone was not ‘proper’.
- Himanshu is not liable to do either because there is nothing to suggest that Kritika’s decision was based purely on Himanshu’s statement.
- Himanshu is not liable to do either the piano since Kritika should have done her due diligence and should have been more careful in selecting the piano.
- Himanshu is not liable to do either because he only gave Kritika his opinion and did not make any false statement of fact
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Himanshu is not liable to do either because he only gave Kritika his opinion and did not make any false statement of fact.
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Top Questions on Legal Propositions and Reasonings
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