Contract Law [AILET (All India Law Entrance Test) Legal-Aptitude]: Questions 16 - 17 of 19

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Question 16

Appeared in Year: 2016

Question MCQ▾

LEGAL PRINCIPLE: A suit shall be instituted in the court within whose jurisdiction the cause of action arises; or the defendant actually and voluntarily resides or carries on business, or personally works for gain.

FACTUAL SITUATION: ‘Y’ carries on business in Mumbai. ‘Z’ carries on business in Delhi. ‘Z’ buys goods of ‘Y’ in Mumbai through his agent and request ‘Y’ to deliver them at Delhi. Accordingly, ‘Y’ delivered the goods at Delhi. But he did not get the price of the goods delivered in Delhi. Therefore, he intends to move the Civil Court for recovery of amount from ‘Z’ . Which court may ‘Y’ approach?

Choices

Choice (4)Response

a.

‘Y’ may institute the suit at Mumbai where the cause of action arose.

b.

‘Y’ may institute the suit at Delhi where ‘Z’ carries on business.

c.

‘Y’ may institute the suit either at Delhi where Z carries on business or at Mumbai where the cause of action arose.

d.

‘Y’ may institute the suit simultaneously at Delhi where ‘Z’ carries on business and at Mumbai where the cause of action arose.

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Question 17

Appeared in Year: 2016

Question Assertion-Reason▾

Assertion(Ꭺ)

The parties to the contract must be competent to contract otherwise it will be a void contract.

Reason(Ꭱ)

All wagering agreements are void.

Choices

Choice (4)Response

a.

Ꭺ is true but Ꭱ is false

b.

Ꭺ is false but Ꭱ is true

c.

Both Ꭺ and Ꭱ are true but Ꭱ is NOT the correct explanation of Ꭺ

d.

Both Ꭺ and Ꭱ are false

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