Legal Reasoning (कानुनी तर्क) – Legal Reasoning MCQ
Legal Reasoning (कानुनी तर्क) – कानुन प्रवेश
Legal Reasoning · Law Entrance – Legal Reasoning, Constitution, English & GK · ६२५ प्रश्न
६२५ प्रश्न उपलब्ध। मोड छान्नुहोस्:
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
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Principle: A contract induced by a false statement which the maker knows to be false, made to induce the other party to contract (fraud), is voidable at the option of the deceived party. Facts: A sells a cow to B, saying it gives 10 litres of milk a day, knowing that it gives only 2 litres. B buys relying on this. Decide.
सही उत्तर: क) The contract is voidable at B's option.
A knowingly false statement made to induce the contract is fraud, so the deceived party may avoid it. A fraudulent contract is voidable, not automatically void.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: A contract is voidable if one party, being in a position to dominate the will of the other, uses that position to obtain an unfair advantage (undue influence). Facts: A spiritual guru persuades an elderly devotee to transfer all her property to him in return for a promise of salvation. Decide.
सही उत्तर: ख) The transfer is voidable because of undue influence.
A spiritual adviser can dominate a devotee's will, and the bargain here is clearly unfair, so undue influence applies. Coercion is the wrong label because there was no threat of unlawful harm.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: Silence of the offeree does not amount to acceptance. Facts: A writes to B: 'If I hear nothing from you, I shall consider your horse sold to me for Rs. 30,000.' B does not reply. Decide.
सही उत्तर: ग) There is no contract, because silence is not acceptance.
An offeror cannot impose a contract by declaring that silence will count as acceptance (Felthouse v Bindley). B's failure to reply creates no binding agreement.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: An offer made to a particular person can be accepted only by that person. Facts: A offers to sell his house to B. C, who overhears the conversation, immediately says to A, 'I accept.' Decide.
सही उत्तर: ग) There is no contract between A and C.
A specific offer can be accepted only by its addressee. C cannot step in and accept an offer that was not made to him.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: Damages for breach of contract cover only losses that arise naturally from the breach or that both parties knew were likely when they made the contract. Facts: A carrier delays delivering a broken mill shaft for repair. The mill stands idle and loses profit, but the carrier was never told that the mill had no spare shaft. Decide.
सही उत्तर: घ) The carrier is not liable for the lost profits, because that loss was not within the parties' contemplation.
Under the rule in Hadley v Baxendale, special losses are recoverable only if communicated when contracting. The carrier did not know the mill would stop, so the loss was too remote.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: A contract becomes void when, after it is made, performance becomes impossible because of an event for which neither party is responsible. Facts: A hires B's hall for a concert. Before the concert date, the hall is destroyed by an accidental fire without anyone's fault. Decide.
सही उत्तर: क) The contract becomes void and neither party is liable for non-performance.
Supervening impossibility frustrates the contract, as in Taylor v Caldwell. Since neither party caused the fire, neither is liable.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: Where both parties to an agreement are mistaken about a fact essential to the agreement, the agreement is void. Facts: A agrees to sell B a specific cargo said to be on a ship. Unknown to both, the cargo had already been destroyed before the agreement was made. Decide.
सही उत्तर: ख) The agreement is void, because both parties were mistaken about an essential fact.
A bilateral mistake about the very existence of the subject matter makes the agreement void (compare Couturier v Hastie). Neither party can enforce it.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: An agreement whose object is unlawful is void, and no court will enforce it. Facts: A promises to pay B Rs. 50,000 if B beats up C. B beats C, but A refuses to pay. Decide.
सही उत्तर: ख) B cannot recover the money, because the agreement is void.
An agreement to commit a crime has an unlawful object and is void from the beginning. Courts will not help a party enforce it even after performance.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: A contract entered into because of coercion (a threat of unlawful harm) is voidable at the option of the party coerced. Facts: A threatens to kill B unless B signs a deed selling his land to A at a low price. B signs. Decide.
सही उत्तर: ग) The contract is voidable at B's option.
Consent given under threat is not free, so the coerced party can choose to avoid the contract. Only the victim of coercion, not the wrongdoer, has this option.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Principle: A promise without consideration (something given in return) is not enforceable as a contract. Facts: A orally promises to give B Rs. 10,000 as a gift, asking nothing in return. A later refuses to pay. Decide.
सही उत्तर: घ) B cannot enforce the promise, because there was no consideration.
Under the given principle, a bare promise with nothing in return is not a contract. B gave no consideration, so the promise cannot be enforced.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
यी अभ्यास प्रश्न हुन्, आधिकारिक प्रश्न होइनन्। पाठ्यक्रम, विज्ञापन र नतिजाका लागि सम्बन्धित निकायको आधिकारिक वेबसाइट हेर्नुहोस्। उत्तरमा गल्ती भेटे प्रश्नमुनिको "टिप्पणी / गल्ती रिपोर्ट" मा लेख्नुहोस्।
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