Question:
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that person to such an act or abstinence, he is said to have made a proposal.
FACTUAL SITUATION : Mohan sends a telegram to Sohan, writing: “Will you sell me your Rolls Royce car ? Telegram the lowest cash price.” Sohan also replied by telegram: “Lowest price for car Rs. 20 lakh.” Mohan immediately sent his consent through telegram stating: “I agree to buy the car for Rs. 20 lakh asked by you.” Sohan refused to sell the car.
DECISION :
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that person to such an act or abstinence, he is said to have made a proposal.
FACTUAL SITUATION : Mohan sends a telegram to Sohan, writing: “Will you sell me your Rolls Royce car ? Telegram the lowest cash price.” Sohan also replied by telegram: “Lowest price for car Rs. 20 lakh.” Mohan immediately sent his consent through telegram stating: “I agree to buy the car for Rs. 20 lakh asked by you.” Sohan refused to sell the car.
DECISION :
LEGAL PRINCIPLE : When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that person to such an act or abstinence, he is said to have made a proposal.
FACTUAL SITUATION : Mohan sends a telegram to Sohan, writing: “Will you sell me your Rolls Royce car ? Telegram the lowest cash price.” Sohan also replied by telegram: “Lowest price for car Rs. 20 lakh.” Mohan immediately sent his consent through telegram stating: “I agree to buy the car for Rs. 20 lakh asked by you.” Sohan refused to sell the car.
DECISION :
Updated On: Aug 5, 2024
- He cannot refuse to sell the car because the contract has already been made.
- He can refuse to sell the car because it was only invitation to offer and not the real offer.
- It was not a valid offer because willingness to enter into a contract was absent.
- It was not a valid contract as offer and acceptance is conveyed through telegram.
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The Correct Option is B
Solution and Explanation
The correct option is (B): He can refuse to sell the car because it was only invitation to offer and not the real offer.
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