Legal Reasoning (कानुनी तर्क) – Legal Reasoning MCQ

Legal Reasoning (कानुनी तर्क): प्रश्न र उत्तर

सही लागेको विकल्पमा थिच्नुहोस्। सही भए हरियो, गलत भए रातो देखिन्छ; ३ सेकेन्डपछि सही उत्तर र व्याख्या देखिन्छ।

सही: ० / ०

191. Principle: An agreement made by a minor is void from the beginning and cannot be ratified by him after he attains majority. Facts: At the age of 17, A borrows Rs. 20,000 from B. At 19, A signs a fresh promise to repay that old loan, without receiving anything new. B sues on that promise. Decide.

     कB will succeed, because A ratified the loan as an adult खB will succeed, because A received the money गB will fail, because a minor's void agreement cannot be ratified on attaining majority घB will fail only if A spent the money on necessaries
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

192. Principle: Agreements in restraint of trade are void, except that a person who sells the goodwill of a business may agree with the buyer not to carry on a similar business within specified local limits, if the restriction is reasonable. Facts: A sells his bakery along with its goodwill to B and agrees not to open another bakery in the same town for three years. A opens a bakery there after six months. Decide.

     कA can carry on business, because every restraint of trade is void खB can restrain A only after three years गB can restrain A, because the agreement falls within the exception for sale of goodwill घA can carry on business, because the sale price was paid in full
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

193. Principle: A contract is not discharged by frustration merely because its performance has become more expensive or more difficult than expected. Facts: A builder agrees to construct a house for B at a fixed price. Steel prices rise sharply and the builder's profit disappears. He claims the contract is frustrated. Decide.

     कThe contract is frustrated, because performance became unprofitable खThe contract is void from the start गThe contract is not frustrated; the builder must perform at the agreed price घB must pay the extra cost of the steel
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

194. Principle: A contract contingent on an uncertain future event NOT happening becomes enforceable when the happening of that event becomes impossible. Facts: A agrees to pay B Rs. 50,000 if a certain ship does not return to port. The ship sinks at sea. Decide.

     कA need not pay, because the ship never returned खA need not pay, because contingent contracts are void गA must pay B, because the ship's return has become impossible घA must pay only after waiting seven years
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

195. Principle: A promise, made in writing and signed by the debtor, to pay wholly or partly a debt which the creditor could have recovered but for the law of limitation, is enforceable. Facts: B's claim against A for a loan has become time-barred. A then writes and signs a letter to B promising to repay the full amount within six months, but does not pay. Decide.

     कB cannot recover, because the debt is time-barred खB can enforce A's written promise गB can recover only half of the debt घB cannot recover, because the promise lacks fresh consideration
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

196. Principle: An agreement made without consideration is void unless it is in writing, registered, and made on account of natural love and affection between parties standing in a near relation to each other. Facts: Out of natural love and affection, A promises his younger brother B, by a written and registered document, to give him Rs. 1 lakh. A later refuses to pay. Decide.

     कB cannot enforce the promise, because there is no consideration खB cannot enforce the promise, because gifts between brothers are prohibited गB can enforce the promise only if he paid something in return घB can enforce the promise, because it falls within the exception for natural love and affection
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

197. Principle: Payment of a smaller sum on the due date does not discharge a larger debt, but it does if, at the creditor's request, something different is given, such as payment before the due date. Facts: A owes B Rs. 10,000 payable on 1 Jestha. At B's request, A pays Rs. 8,000 on 1 Baisakh, and B agrees to accept it in full settlement. Later B demands the remaining Rs. 2,000. Decide.

     कB can recover the balance, because a smaller sum never discharges a larger debt खB can recover the balance, because the agreement was oral गB cannot recover the balance, because early payment at his request discharged the debt घB cannot recover the balance only if A proves financial hardship
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

198. Principle: Intentionally hiding a defect so that the other party cannot discover it amounts to fraud and makes the contract voidable. Facts: Before selling his house to B, A plasters and paints over large cracks in the foundation so that they cannot be seen. B buys the house and later discovers the cracks. Decide.

     कB may avoid the contract, because A actively concealed the defect खB cannot avoid the contract, because A said nothing false गB cannot avoid the contract, because buyers must inspect property themselves घB may avoid the contract only if A was a professional builder
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

199. Principle: An acceptance is effective only when it is communicated to the offeror by the offeree or by someone authorised by him. Facts: A school committee interviews B for a teaching post and votes to appoint him but decides not to inform him yet. One committee member, acting on his own, tells B he has been appointed. The committee later rescinds its decision. Decide.

     कThere is a binding contract, because B learnt of the decision खThere is a binding contract, because the committee voted in B's favour गThere is no contract, because the acceptance was not communicated by anyone authorised by the committee घThere is no contract, because teaching posts can never be filled by contract
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

200. Principle: A notice inviting tenders is only an invitation to make offers; each tender is an offer which the inviting authority is free to accept or reject. Facts: A municipality invites tenders for building a footbridge. X submits the lowest tender, but the municipality awards the work to Y, whose tender is higher. X sues for breach of contract. Decide.

     कX will fail, because his tender was only an offer that the municipality was free to reject खX will succeed, because the lowest tender must always be accepted गX will succeed, because the tender notice was a binding offer घX will fail, because tenders can be submitted only by companies
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।