Contract Law (CLAT Legal-Aptitude): Questions 51 - 51 of 97

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Question number: 51

» Contract Law

MCQ▾

Question

PRINCIPLE: When one person signifies to another his willingness to do or to abstain from

doing anything, with a view to obtaining the assent of that other to such act or

abstinence, he is said to make a proposal. In order to convert a proposal into a promise the acceptance must be expressed in some usual and reasonable manner, unless the proposal

prescribes the manner in which it is to be accepted. If the acceptance is not according to the method prescribed, the acceptance does not get invalidated.

FACTS: Rama is interested in buying the showroom of Lata where she sells jewelry and Lata is interested in selling it. Lata seems to be having a bad time with telephone calls and therefore she strictly tells Rama to send the acceptance or unacceptance message through Rakesh, servant of Rama. However, Rakesh is on duty on the day when Rama intends to send letter of acceptance. As a result, she has to call Lata for communicating acceptance. The call of Rama is even more irritating for Lata. The acceptance is communicated but hating the gesture of Rama, Lata repudiates the contract. Decide.

Choices

Choice (4) Response

a.

Lata is not at liberty to do so as she cannot repudiate the contract just by getting irritated with a phone call.

b.

Lata is at liberty to do do because the present case is about selling a complete showroom and must be taken seriously.

c.

Lata is not at liberty to do so. The acceptance does not get invalidated by difference in method of acceptance.

d.

Lata is at liberty to do so as she is already fed up with calls. She may express her disagreement and no more interest.

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