Contract Law (CLAT Legal-Aptitude): Questions 1 - 2 of 97
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Question number: 1
» Contract Law
PRINCIPLE: An agreement includes an offer and an acceptance accompanied by a consideration. Consideration must be lawful and carrying some value in the eyes of law. Void agreements are devoid of consideration.
FACTS: Bina told her husband to drop her to the office in the evening as she was being late to the office every day and spoiling her impression in front of her new boss. The husband of Bina agreed to do this the next morning. However, he got late for the office and couldn’t drop her resulting into her being extremely late the same morning. This lowered her reputation in front of the new boss and she was finally removed from office. Bina sued her husband for not dropping her. Decide.
There was an offer from Bina which was accepted by her husband. The necessary terms of an agreement have been fulfilled and an agreement has come into place.
As a consideration, dropping to office has no value in the eyes of law. Hence, the agreement is void.
Bina may sue her husband but will not be granted any relief as Court does not award penalty in such matters.
There is no consideration in the present case. Hence, due to absence of consideration, no agreement has come into play
Question number: 2
» Contract Law
PRINCIPLE: All agreements are contracts if they are made by the free consent of parties
competent to contract, for a lawful consideration and with a lawful object, and are
not hereby expressly declared to be void. Consent is said to be free when it is devoid of coercion, undue influence, fraud, misrepresentation. “Coercion” is the committing, or threating to commit, any act forbidden by the Indian Penal Code or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.
FACTS: The electricity department of city of Melono sends people to various houses of a colony telling them to pay a certain amount towards compulsory replacement of existing meter by a meter that saves electricity. This is because of the growing electricity problems in the city. One of the customers, Ms. Manty, is uninterested in this and refuses to get her meter replaced. The group of persons sent to her house take this but Ms. Manty silently feels her that electricity supply to her house shall be cut off by this. Feeling threatened, she immediately agrees to get the meter changed. Is there any coercion here?
Yes. She was threatened by the group for cut of electricity supply.
No. There has been no real committing or threat of commission of any act forbidden by IPC.
Yes. The gesture of the persons of ‘taking this’ signifies threat.
No. It was being done by a government department.