Comprehension
It is a cardinal principle of the law of contract that acceptance of an offer must be absolute and it can give no room for doubt. The offer and acceptance must be founded on three components, viz., ‘certainty’, ‘commitment’ and ‘communication’. However, when the acceptor puts any new condition while accepting the proposal already signed by the proposer, the contract is not complete until the proposer accepts that condition, as held by the Court in Haridwar Singh v. Bagun Sumbrui,[(1973) 3 SCC 889]. An acceptance with a variation is no acceptance. It is, in effect and substance, simply a counter-proposal which must be accepted fully by the original proposer, before a contract is made.
Question: 1
In case a contract is entered into through instantaneous modes of communication, which of the following is correct?
In case a contract is entered into through instantaneous modes of communication, which of the following is correct?
Updated On: Jul 11, 2024
- Section 4 of the Indian Contract Act, 1872 is not applicable stricto sensu.
- Section 4 of the Indian Contract Act, 1872 is applicable to acceptance communicated by instantaneous modes of communication.
- Information Technology Act, 2000 provides rules regarding the time when offer and acceptance are complete
- Information Technology Act, 2000 expressly provides for instantaneous mode of communication for contract.
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The Correct Option is A
Solution and Explanation
The correct option is (A) : Section 4 of the Indian Contract Act, 1872 is not applicable stricto sensu.
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Question: 2
Goods displayed in a shopping mall with price mentioned against each of them is an example of ______.
Goods displayed in a shopping mall with price mentioned against each of them is an example of ______.
Updated On: Jul 19, 2024
- An offer.
- Counter offer.
- Invitation to offer.
- Acceptance in advance.
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The Correct Option is C
Solution and Explanation
The correct option is (C) : Invitation to offer.
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Question: 3
Which of the following statements regarding Section 2(j) of the Indian Contract Act, 1872 is not true?
Which of the following statements regarding Section 2(j) of the Indian Contract Act, 1872 is not true?
Updated On: Jul 19, 2024
- It deals with the void contract due to ceasing of enforceability by law.
- It deals with the contract which is not void from its inception but later it becomes void.
- It deals with the agreement which is void from its inception
- It deals with the contract which becomes void from the time of its ceasing of enforceability by law.
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The Correct Option is C
Solution and Explanation
The correct option is (C) : It deals with the agreement which is void from its inception
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Question: 4
What is the effect of counter offer?
What is the effect of counter offer?
Updated On: Jul 11, 2024
- Counter offer leads to rejection of the original offer.
- Counter offer creates a binding contract on the basis of the terms specified in the counter offer.
- Counter offer creates a legal binding obligation on the basis of the terms of original offer.
- Counter offer shall be binding on original proposer in the same way as it is made by him only.
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The Correct Option is A
Solution and Explanation
The correct option is (A) : Counter offer leads to rejection of the original offer.
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Question: 5
In order to constitute a valid acceptance of an offer, it must be
In order to constitute a valid acceptance of an offer, it must be
Updated On: Jul 11, 2024
- Unqualified
- Conditional
- Absolute
- Both (A) and (C).
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Both (A) and (C).
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Question: 6
To be a legally valid contract, there must be
To be a legally valid contract, there must be
Updated On: Jul 11, 2024
- Offer and acceptance, lawful consideration, intention to create legal relations, competent parties.
- Offer and acceptance, competent parties, lawful consideration, free consent, intention to create legal relations.
- Offer and acceptance, lawful object, lawful consideration; free consent.
- Offer and acceptance, lawful consideration, lawful object, free consent, competent parties, intention to create legal relations.
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Offer and acceptance, lawful consideration, lawful object, free consent, competent parties, intention to create legal relations.
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The Hon’ble Supreme Court in the case of ‘Gaurav Nagpal v. Semedha Nagpal’-(2009)1 SCC 42, while giving paramount importance to the welfare of the child, which should include moral and ethical values, besides ethical well-being, observed as under:
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The court while quoting Rajkot Municipal Corporation v. Manjulben Jayantilal Nakum, 1997 stated that as a tort, negligence consists of legal duty to take care and breach of that duty. Duty determines whether the type of loss suffered by the plaintiff in the particular way in which to occurred can ever be actionable. The division of negligence into duty, breach and consequent damage is convenient for the purpose of exposition but it can be confusing because the issues will often overlap. The process of determining a breach of duty involves three steps: First, it is necessary to ascertain the qualities of the reasonable person, given the qualities attributed to him, would have taken in the circumstances. The factors that are permissible to take into account in this regard are prescribed by law, but the amount of care that the reasonable person would have taken is a question of fact. Thirdly, it must be determined whether the defendant took less care than the reasonable person would have taken.
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The impugned constitutional amendments by which Article 16 (4-A) and 16 (4-B) have been inserted, flow from Article 16 (4). They do not alter the structure of Article 16 (4). They retain the controlling factors or the compelling reasons which enables the State to provide for reservation keeping in mind the overall efficiency of the state administration under article 335. Sub-categorization within a class is a constitutional requirement to secure substantive equality in the event that there is a distinction between two sections of a class; Sub-classification must not lead to the exclusion of one of the categories in the class. A model that provides sufficient opportunities to all categories of the class must be adopted; and Sub-classification among a class must be on a reasonable basis.
Justice Bela Trivedi opined, in dissent, that presidential list of scheduled castes notified under Article 341 cannot be altered by the States. Any change to this list can only be made by a law enacted by Parliament. Sub-classification, according to her would amount to tampering with the Presidential List and undermine the object Article 341, which aims to eliminate political influence in the SC-ST List. Further, she emphasised the importance of adhering to the rule of plain and literal interpretation. She mentions that any preferential treatment for a sub-class within the presidential list would deprive other classes within the same category of their benefits. In the absence of executive or legislative power, state lack the competence to sub-classify castes and the benefit reserved for all SCs. Allowing states to do so would constitute a colourable exercise of power, which is impermissible under law. Justice Trivedi concluded by affirming that affirmative action by States must remain within constitutional boundaries and held that the law laid down in E.V. Chinnaiah case was correct and should be upheld.
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