कानुन प्रवेश परीक्षा LLB प्रवेश (३ वर्षे) तयारी

कानुन प्रवेश: प्रश्न र उत्तर

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

सही: ० / ०

1271. Principle: An agreement whose object is opposed to public policy is void. Facts: A pays B Rs. 3 lakh in return for B's promise to use his influence with officials to get A a government job. B does nothing, and A sues to compel B to perform his promise. Decide.

      कA's suit fails, as the agreement to procure public employment by influence is void खA succeeds, since B broke his promise गA succeeds, as he has already paid the money घA's suit succeeds only if B is a government officer
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1272. Principle: An agreement whose meaning is not certain, or capable of being made certain, is void. Facts: A, who trades in both mustard oil and coconut oil, agrees to sell B 'one hundred litres of oil'. Nothing shows which oil was meant. Decide.

      कThe agreement is voidable at A's option खThe agreement is void for uncertainty गThe agreement is valid and A may supply either oil घThe agreement is valid and B may choose the oil
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1273. Principle: A contract is not voidable merely because it was caused by a mistake as to a law in force in the country. Facts: A and B make a contract on the belief that a certain debt is not barred by limitation. In fact, under the law it is barred. A seeks to avoid the contract on the ground of mistake. Decide.

      कThe contract is void because of mutual mistake खA can avoid the contract, as both parties were mistaken गThe contract is valid only if B knew the law घA cannot avoid the contract, as the mistake was one of the law of the country
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1274. Principle: An acceptance sent by post may be revoked by a quicker means if the revocation reaches the offeror before the letter of acceptance. Facts: On Monday B posts a letter accepting A's offer. On Tuesday B telephones A and withdraws his acceptance. The letter of acceptance reaches A on Wednesday. Decide.

      कThere is no contract, because the revocation reached A before the acceptance खA contract was formed on Wednesday when the letter arrived गA may choose to treat the telephone call as an acceptance घA contract was formed on Monday when the letter was posted, so the revocation is invalid
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1275. Principle: Where time is of the essence of a contract and a party fails to perform by the fixed time, the contract becomes voidable at the option of the other party, who may also claim compensation. Facts: A agrees to decorate B's wedding venue by 10 a.m. on the wedding day, both parties treating the time as essential. A arrives at 6 p.m., after the ceremony is over. Decide.

      कB must accept the late performance and pay the full price खThe contract is void from the beginning गB may refuse the performance and claim compensation घB must pay half the price since some work could still be done
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1276. Principle: If the parties to a contract agree to substitute a new contract for it, the original contract need not be performed (novation). Facts: A owes B Rs. 1 lakh. A, B and C agree that B will accept C as his debtor in place of A. C later fails to pay, and B sues A. Decide.

      कB can sue A, because A was the original debtor खB can sue A only for half the amount गB can sue A and C jointly for the full amount घB cannot sue A, because the original debt was replaced by the new agreement with C
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1277. Principle: Where one party abandons a contract midway, the other party may claim reasonable remuneration for the work already done (quantum meruit). Facts: A publisher engages an author to write a series of articles for a magazine. After the author has written half of them, the publisher closes the magazine and refuses to pay anything. Decide.

      कThe publisher may keep the articles without payment because the magazine closed खThe author can recover nothing, since the series was not completed गThe author can recover reasonable payment for the work already done घThe author can recover only if he completes the series
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1278. Principle: In a contract of indemnity, the indemnifier must make good the loss suffered by the indemnified party, including damages and reasonable costs of a suit covered by the indemnity. Facts: A agrees to indemnify B against the consequences of selling certain goods. A buyer sues B over those goods, and B has to pay Rs. 50,000 in damages and reasonable legal costs. Decide.

      कB must bear the loss because he chose to sell the goods खA must reimburse B for the damages and the reasonable costs गA is liable only if he himself was sued घA must pay only the legal costs, not the damages
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1279. Principle: A promise made in return for an act already completed before the promise, and done without the promisor's request, is not supported by consideration. Facts: While A was abroad, his neighbour B, without being asked, repaired A's broken fence. On returning, A promised to pay B Rs. 5,000 for the work but later refused. Decide.

      कB cannot enforce the promise, since the work was done before the promise and without A's request खB can enforce the promise, since A benefited from the repair गB can enforce the promise, since A made it freely घA must pay half the amount as a fair compromise
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1280. Principle: A bailee who keeps goods beyond the agreed period of bailment is responsible to the bailor for any loss or destruction of the goods from that time, even without negligence. Facts: B borrows A's tent for one week. Without A's consent he keeps it for an extra month, during which it is destroyed by an accidental fire without his fault. Decide.

      कB is not liable, as the fire was accidental खB is liable for the loss of the tent गB is liable for half the value घA must bear the loss as owner
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।