YOU WERE LOOKING FOR: Contract Law Questions And Answers
Write a note on Quasi Contracts? Ans: Quasi Contracts: A Quasi contract is not a contract between two parties but a legal obligation imposed by court of law, which puts both parties in the same position as if there is a contract between them. The...
This is a Contract of Guarntee. It is based on the fundamental premise that once a buyer satisfies himself as to the suitability of the product for his use, he would subsequently have no right to reject the same. Generally, buyer is expected to be...
To conclude, one can say that the true test of partnership is not the sharing of profits by a person or the contribution of capital or the holding of a particular property jointly but whether the business is carried on by him or by another o his account so that there is a mutual agency between them. If relation of principal and agent exists between the parties constituting a group, formed with view to earn profits of a business, we can say that there is partnership.
The reason is as the affairs of the principal are placed in the hands of the agent, consideration in the sense of determent is enough to support the contract and as such no further consideration is necessary. Therefore, an agent under a gratuitous contract of agency will be as much bound by his contract as a paid agent. Holder in due course means any person who for consideration became the possessor of a Negotiable instrument if payable to bearer, or the payee or indorsee thereof, if payable to order, before the amount mentioned in it became payable and without having sufficient cause to believe that any defect existed in the title of the person from whom he derived his title. I Act. Minor or unsound person is incompetent to enter into a contract as per S. However, S. What is meant by Material Alternation? Any alteration or changes in the instrument which changes the rights and liabilities of the parties to the instrument is called material alteration.
Material alteration makes the instrument void. Material alteration discharges those who became parties prior to the alteration. It makes no differencec whether the alteration is beneficial or prejudicial. Ex: Alteration or Change of amount or interest rate in the instrument contrary to contract is a material alteration. I Act? To constitute Civil Liability for recovery of cheque amount, mere non-payment of money upon demand is adequate. However, in order to constitute criminal liability the following conditions shall be fulfilled: The cheque shall be issued for the discharge of any legally enforceable debt or other liability. It shall have been presented within the period of six months or within the period of its validity whichever is earlier. The cheque is returned by the bank unpaid due to insufficiency of funds in the accused bank account. The payee has given a notice to the drawer claiming the amount within 30 days of the receipt of the information by the bank.
The drawer failed to pay within 15 days from the date of the receipt of notice. The complaint should have been failed within one month from the date of expiry for the payment of amount before a Metropolitan Magistrate or JMFC. What is an Inchoate Instrument? Ans: An instrument which is incomplete in some respect is called an inchoate instrument. When a person signs and delivers to another, a stamp paper, either wholly blank or after having written thereon an incomplete NI, he thereby authorises that other person to make or complete upon it a negotiable instrument for any amount not exceeding the amount covered by the stamp. The person so signing is liable upon such instrument, in the capacity in which he signed the same, to a HDC, for such amount. However, a person other than HDC, can recover from the person signing that instrument only the amount intended by him to be paid thereon.
There must be meeting of minds of both the parties on the same subject for a valid contract. B sends his acceptance for the same horse. A valid Contract is made. B sends his acceptance for the Black horse of X. This is not a valid contract. Ubberrima fides - Utmost good faith. It is the name of a legal doctrine which governs insurance contracts. This means that all parties to an insurance contract must deal in good faith, making a full declaration of all material facts in the insurance proposal. This contrasts with the legal doctrine caveat emptor "let the buyer beware" Nudum Pactum- A gratuitous or bare promise, devoid of any consideration.
A nudum pactum in Latin literally means 'Bare or Naked Promise. An example of a nudum pactum would be an offer to sell something without a corresponding offer of value in exchange. While the offer may bind a person morally, since the offer has not been created with any consideration, it is gratuitous and treated as a unilateral contract. The offer is therefore revocable at any time by the offeror before acceptance by the offeree. Quid pro quo, Latin for "something for something," is used to describe when two parties engage in a mutual agreement to exchange goods or services.
In a quid pro quo agreement one transfer is contingent upon a reciprocal transfer. As a term, quid pro quo is used similarly in business and legal contexts to convey that a good or service has been exchanged for something of equal value. Doctrine of restitution- If a minor has unjustly enriched himself. Equity demands that such property or goods be restored by minor. Example- X a minor makes a contract with D to sell his house and pays him rupees. The contract is held as void ab intio by the court and the house is returned to X.
X must return the Consideration for the house i. Right to recession of contract- contract induced by fraud, misrepresentation, undue influence, and coercion is voidable at option of party whose consent was so caused. B transfers the property out of coercion. This is a voidable agreement and B can repudiate it. Mistake as to nature of promise. It allows signing party to escape performance of agreement which is fundamentally different from what he or she has intended to execute or sign. Doctrine of Implied term- practice of setting down default rules for contract. Doctrine of supervening impossibility- impossibility arising after the formation of contract but before performance by the promisor. After the contract has been made impossible, no party is liable for penalty for non-performance. X and Y are citizens of India and Pakistan respectively. They enter into a contract but after 3 days the countries goes into war.
The contract is repudiated by the supervening impossibility. Quantum meruit- reasonable sum of money rendered or work done when the amount due is not stipulated in a legally enforceable contract. Used when price is not fixed for service rendered. In such situations there can be no doubt that the individual deserves to be paid for services rendered, but it is not uncommon for disputes to arise over the actual amount billed after the fact. Used in case of goods sold without specifying any price. Res extincta- Courtrures v Hastie- applies where both parties enter a contract with belief that subject matter exists where in fact it does not exist. Neither the house is completed nor does the painter come to paint the house as he is busy. Here both parties are at equal fault and no action in court of law arises.
Ex acquo et bona- quasi contract. Ex contractu- reasonable amount to be paid for the work done. Suppressio verI - The active concealment of a fact by one having knowledge or belief of the fact. B fails to Pay. Here A can subrogate X in place of B because he is the guarantor of debt Repudiation- rejection of proposal or idea. M repudiates the proposal by not accepting the offer. Remission- acceptance of lesser sum than what was agreed in the contract for discharge of the whole debt. Important Links.
C — Conclusion First identify the legal issues. These should be stated briefly in one sentence. There is no need to enlarge on the issues, as this will be done in the application section. Secondly, take each issue in turn and set out the relevant law relating to that issue. All relevant cases and statutory provisions should be mentioned. Names of cases and statutes should be italicised. It is not necessary to give the facts of every case. The most important thing to set out is the legal principle decided in that case. Next, the law should be applied to the facts of the problem question. This may be done immediately after you have set out the relevant law on each issue, or you may wait until you have set out the law on all the issues, as has been done below. There is no need to repeat the legal principles set out in the relevant law section. Finally, state your conclusions. Again, there is no need to repeat what you have already set out in the previous sections.
The conclusion should be brief. If there is more than one possible conclusion, set them all out. Jim sees the advertisement and rings Philip and makes an appointment to see the house. On Wednesday evening Jim meets his brother Garrett in their local. He posts the letter immediately and Philip receives it on Thursday morning, but replies by return saying "You are too late. I have sold the house to my son-in-law. The issues which arise in this problem are invitation to treat, counter-offer, the status of a promise to keep an offer open, revocation and the postal rule. It is important that the offer itself manifest an intention to be bound. If the offeror is merely feeling his way towards an agreement, or initiating negotiations from which an agreement might or might not result, there is no offer. Instead, it constitutes an invitation to treat, an "offer to receive offers". Over the years the courts have held that certain situations constitute invitations to treat rather than offers; for example, goods in a shop window Fisher v.
Bell and Pim v. Boots Cash Chemists , auctions Payne v. Cave and Harris v. Nickerson and applications for tenders Harvela v. Royal Trust Company of Canada. Advertisements will generally constitute invitations to treat. In Partridge v. Crittenden, the plaintiff placed an ad in Cage and Aviary Birds which stated "Bramblefinch cocks and hens, 25s each". He was convicted of the offence of offering for sale a live wild bird. His conviction was quashed on appeal, where the court held that advertisements were merely invitations to treat so that he could not have committed the offence of "offering for sale". Though as a general rule advertisements merely constitute invitations to treat, it is possible for an advertisement to be construed as an offer, if the court feels that it displays a definite intention to be bound Carlill v. Carbolic Smoke Ball Co, Lefkowitz v. Great Minneapolis Surplus Store and R v.
Warwickshire County Council. When an offer is accepted, it is essential that the offeree accept the exact terms of the offer. If, instead of doing so, the offeree introduces a new term, he is making a counter-offer, the effect of which is to destroy the original offer. In Hyde v. The court held that there was no contract. Another example of a counter-offer is the case of Wheeler v. If the offeree intends to accept the offer as it stands, and looks for some further information about the offer, he does not make a counter-offer but a request for information which does not destroy the offer. A good example of this is found in Stevenson v. In general, the offeree's acceptance of the offer must be communicated to the offeror. The postal rule however is an exception to this.
If the acceptance is posted, acceptance is complete the moment the letter is placed in the post box. The postal rule was first set out in Adams v. It applies even if the letter never arrives Household Fire Insurance v. Grant though it will not apply if the letter was not properly stamped or addressed, if it was unreasonable at the time to use the post or if the offeror expressly or impliedly stated that the rule would not operate Holwell 3 Securities v. Hughes and Kelly v. Cruise Catering. An offeror is entitled to revoke his offer at any time until it has been accepted. In The Guardians of the Navan Union v. Even if the offeror promises to keep his offer open for a certain period, he is still entitled to revoke. In Routledge v. Grant the offeror promised to keep his offer open for six weeks but revoked after three.
The court held that he was entitled to do so. An offeror's promise to keep his offer open is not legally binding because it is unsupported by consideration. If the offeree provided even a nominal consideration eg. It is essential that revocation be communicated to the offeree. The postal rule does not apply to revocation, therefore a letter of revocation does not take effect until it is received by the offeree Byrne v.
Van Tienhoven. Revocation need not necessarily be communicated by the offeror. In Dickinson v. Dodds the defendant offered to sell his house to the plaintiff, and promised to keep the offer open for two days. The following day a third party told the plaintiff that the defendant had sold to someone else. The plaintiff immediately purported to accept the offer. The Court of Appeal held that the offer had been validly revoked and could not therefore be accepted by the plaintiff. The facts of Cartwright v. Hoogstoel also involved revocation by means of a third party. It is difficult to know exactly when a third party can validly revoke an offer.
If the information comes from a reliable source it will presumably operate to revoke the offer. On the other hand, will mere gossip be sufficient? This is a question of fact, to be decided on the circumstances of every case. It merely gives his telephone number and a price; there is nothing more that might transform it into an offer. The fact that Philip impliedly promised to keep the offer open is irrelevant here because his promise was not supported by consideration.
He is entitled to revoke before noon on Friday. Two days later Jim hears from his brother Garrett that the house has already been sold. Does this constitute a revocation of Philip's offer? An offer can be revoked at any time prior to acceptance, and revocation need not necessarily be communicated by the offeror. The validity of the revocation in this case depends on Garrett's reliability.
If he were a notorious gossip, with a tendency to get his facts wrong, then the revocation would probably not be effective. If, on the other hand, he were reliable and truthful the offer would be validly revoked. If a court were to find that Garret was an unreliable source, the offer would not have been revoked on Wednesday night and would therefore have been capable of acceptance when Jim hurried home to write to Philip. According to the postal rule the 4 acceptance would have taken effect the moment the letter was posted, therefore Jim would have had a valid contract to buy the house that night. Philip's letter telling Jim that the house had already been sold would not have operated as a revocation of his offer because it would already have been accepted. If he is a trustworthy, reliable source, then the offer was revoked on Wednesday night in the pub.
If he is not reliable, then a contract came into existence between Jim and Philip the moment Jim posted the letter on Wednesday night. Related Interests.
Contract Law Problem Questions And Answers Pdf In class I will review the correct answers, which will then be posted on the web site and linked below where indicated. Download PDF. The trickier application form questions can be daunting at first, but with some practice you can learn how to ensure that your answers impress recruiters. Question: Under FIDIC suite of contracts edition could you please advise what options the contractor has in case of force majeure conditions i.
These are a few common interview questions and answers for the janitor position. Contract Law B. Write your answers only on the front, not the back, page of every sheet in your Notebook. What you must do, if you want to be a judge? He needs a lawyer to come and visit him there to tell him what to do. Few areas of law impact our daily lives as much as contract law, and in This course will give you a glimpse into six different areas of American law: Tort Law, Contract Law, Property, Constitutional Law, Criminal Law, and. Contract law is the law of exchange, the legal rules that enforce agreements to trade one thing for another. But if Congress has not legislated, the state or local law can be challenged as a violation of the DCC. The Rigos writing program is integrated into the bar review course. Total Number of Questions. Stakeholders C. Please feel free to print the list off — we are aware of a number of UK and overseas law firms who have been using these questions as a template for their legal job.
If you have not used the source selection process, please explain it in detail. How to Take the Quiz: Click on the quiz you wish to take below. Note that there is often no right answer in legal problem questions because examiners often use issues where there are uncertainties in. All content is sourced from reputable organizations and is for information only and not a substitute for medical advice.
Some sections of a job application form will only need straightforward factual answers, such as your personal details or education history. The principles and provisions for transforming law contained in the Council of Europe Convention on Cybercrime are continued in directives and framework decisions of the European Union on the legal framework for the functioning of various segments of the digital economy. Hence in order to gain a job as janitor one needs to get prepared with these questions and answers.
According to contract law, every valid contract is also a. Additional Practice set. Start studying Fiscal Law: Competency Area 1. Evaluate the need and importance of the subject in the study of law. Contract Law - Sample Answer. Assess what the likely decision would be on this issue. The statute of limitations requires that parties to a contract who have been damaged or who question the contract's provisions a.
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