Contract Law (CLAT Legal-Aptitude): Questions 9 - 9 of 97
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Question number: 9
» Contract Law
Appeared in Year: 2014
PRINCIPLE: A proposal (offer) should be made with an intention that after its valid acceptance, a legally binding promise or agreement will be created. The test for the determination of such intention is not subjective, rather it is objective. The intention of the parties is to be ascertained from the terms of the agreement and the surrounding circumstances under which such an agreement is entered into. As a general rule, in the case of arrangements regulating social relations, it follows as
a matter of course that the parties do not intend legal consequences to follow. On the contrary, as a general rule, in the case of arrangements regulating business affairs, it follows as a matter of course that the parties intend legal consequences to follow. However, the above rules are just presumptive in nature, and hence, can be rebutted.
FACTS: One morning while having breakfast, `X’, the father, says to `Y’ (X’s son), in a casual manner,
‘I shall buy a motorbike for you if you get through the CLAT. ’
Which of the following derivations is CORRECT?
`X’ made a statement that did not result in any enforceable agreement
`X’ made a statement that resulted in an enforceable agreement
`X’ made a statement that resulted in a valid proposal
`X’ made a statement that resulted in an enforceable promise