Question

Principle: An agreement may be entered into orally or in writing, or by conduct.
Facts: 'A' went to the shop of 'B' and picked a toothbrush and gave a cheque of Rupees twenty to 'B' and left the shop.

• A. Payment of toothbrush cannot be made through a cheque.
• B. 'A' did not enter into an agreement with 'B'.
• C. 'A' should have carried a currency note of Rupees twenty to make the payment.
• D. There was an agreement between 'A' and 'B'.

Hint:

Agreement can be made through conduct as long as there is an intention to pay and the other party accepts the transaction.

Answer 1

The Correct Option is D

In this scenario, the act of 'A' picking the toothbrush and giving the cheque is enough evidence of an agreement, even though no verbal or written contract was made. By providing the cheque, 'A' intended to pay for the toothbrush, and 'B' accepted this method of payment. Thus, the agreement was concluded through conduct.


Option (A) Payment of toothbrush cannot be made through a cheque: This is incorrect. Payment via cheque is legally valid and can be used to make such a transaction.

Option (B) 'A' did not enter into an agreement with 'B': This is incorrect. By picking the toothbrush and providing the cheque, 'A' implicitly entered into an agreement with 'B'.

Option (C) 'A' should have carried a currency note of Rupees twenty to make the payment: This is irrelevant. The method of payment was already agreed upon by giving the cheque.