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Principle: An agreement is enforceable at law if parties competent to enter into it with free consent, for consideration and the contract is not contrary to law and against public policy
Facts: A, a boy of 16 years entered into an agreement to sell his flat in Cochin for a sum of Rs. 12 Lakhs. A’s father was very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.
  • a)
    The buyer will obtain relief because A freely entered into the contract
  • b)
    The buyer will obtain relief because the agreement is with consideration
  • c)
    The buyer will not succeed because A’s father does not approve of the contract
  • d)
    The buyer will not succeed because A is below 18 yrs. of age
Correct answer is option 'D'. Can you explain this answer?
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Principle: An agreement is enforceable at law if parties competent to ...
Explanation:

The correct answer is option 'D' - The buyer will not succeed because A is below 18 yrs. of age.

Explanation:
The principle states that an agreement is enforceable if the parties entering into it are competent and have given their free consent, there is consideration involved, and the contract is not contrary to law and against public policy.

In this case, A is a boy of 16 years, which means he is below the age of majority. According to the Indian Contract Act, 1872, a person who is below 18 years of age is considered a minor and lacks the legal capacity to enter into a valid contract. Minors are generally not bound by their agreements, and their contracts are voidable at their option.

Since A is a minor, his agreement to sell the flat is not enforceable at law. The buyer will not be able to obtain relief through specific performance because A lacks the legal capacity to enter into a valid contract. The consent given by A is not considered free consent as he is not legally capable of giving it.

Furthermore, the fact that A's father is annoyed with the transaction and does not allow delivery also indicates that A's consent may not have been freely given. This further strengthens the argument that the buyer will not succeed in obtaining relief.

In conclusion, the buyer will not succeed in obtaining relief because A is below 18 years of age and lacks the legal capacity to enter into a valid contract. The agreement is not enforceable due to the principle of free consent and the legal status of a minor.
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Principle: An agreement is enforceable at law if parties competent to ...
Option D is correct because A being minor cannot enter into a contract and minor is not liable for restitution.
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Passage:In the 1850s, around the time the Indian Contract Act was about to be drafted, consideration was on its way to becoming a ‘mere technicality’ and could very well have ‘withered away altogether’. It should not be surprising then that framers of a midnineteenth century contract code, beginning tabula rasa, might have wished to fundamentally shake up the rules relating to consideration. Indeed, as Ibbetson argues, ‘a codifying system might legitimately have discarded consideration as inconsistent with the newly imposed legal model’ – an option ‘not open to the Common law.’ But like the ingenious common law reformers in England, the drafters continued to pay ‘lip service’ to the idea of consideration and the ‘reciprocity’ underlying it. They did indeed retain the traditional doctrine’s outer crust of reciprocity: an act or abstinence or promise on the ‘other side’, as it were, but they tweaked this in important ways. The framers of the Act, like the English Courts of the day, made it very easy to find consideration by defining it in capacious terms, which included any act or abstinence or promise, regardless of benefit or detriment. Perhaps, they too, like the Law Revision Committee, were mindful of the fact that a root and branch abolition of the doctrine might arouse ‘suspicion and hostility’ and hence decided to ‘prune away from the doctrine those aspects of it that create hardship’. They also provided that no question of adequacy of consideration could ever be raised. However, the definition under the Indian Contract Act did more than that – Section 2( d) had other elements that lent it the makings of marking the vanishing point of consideration.The definition of consideration under the Indian Contract Act, with its copula ‘at the desire of’, appears to have been calculated to preempt potential hair splitting over whether the consideration in any given case was indeed valuable in the ‘eye of the law’. The idea at play here is that of the subjective theory of value: that the Courts would not second-guess whether any consideration was actually valuable – what the promisor desired is what he got and that settled conclusively the matter of the value of consideration. This was one of the effects of the influence of the will theory on the traditional exchange model of consideration.Q.A enters into a contract with B that he will sell his land to B for 5 rupees since B has been a really good friend of his. A is later told by one of his employees that the actual worth of the land is 5 crore rupees. A decides not to perform the contract with B. B sues A for performance of contract. Decide.

The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Sec. 126 of the Indian Contract Act, defines a contract of guarantee as "A contract to perform the promise, or discharge the liability of a third person in case of his defaults". A guarantee may be either "oral" or "written". Just like any other contracts, it should also fulfill all the essentials of a valid contract. As stated already, three parties are involved in a contract of guarantee.All the three parties namely, the principal debtor, the creditor and the surety must agree to make such a contract. A contract of guarantee pre-supposes the existence of a liability, which is enforceable at law. If no such liability exists, there can be no contract of guarantee. Thus, where the debt, which is sought to be guaranteed, is already time barred or void, the surety is not liable. There must be consideration between the creditor and the surety so as to make the contract enforceable. The consideration must also be lawful. In a contract of guarantee, the consideration received by the principal debtor is taken to be the sufficient consideration for the surety. Thus, any benefit received by the debtor is adequate consideration to bind the surety. But past consideration is no consideration for a contract of guarantee. There must be a fresh consideration moving from the creditor. A contract of guarantee may either be oral or written. In a contract of guarantee, liability of the surety is secondary, i.e. the creditor must first proceed against the debtor and if the latter does not perform his promise, then only he can proceed against the surety. It may be express or implied from the conduct of parties. The creditor should disclose to the surety the facts that are likely to affect the suretys liability. The guarantee obtained by the concealment of such facts is invalid. Thus, the guarantee is invalid if the creditor obtains it by the concealment of material facts The guarantee should not be obtained by misrepresenting the facts to the surety. Though the contract of guarantee is not a contract of uberrimae fidei, i.e. of absolute good faith, and thus, does not require complete disclosure of all the material facts by the principal debtor or creditor to the surety before he enters into a contract. But the facts, that are likely to affect the extent of suretys responsibility, must be truly represented.Q.BHK Pvt Ltd. gave notice to Pooja, the debtor-defendant and also threatened legal action against her, but her husband agreed to become surety and undertook to pay the liability and also executed a promissory note in their favor. The Bank refrained from threatened action. Decide.

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Principle: An agreement is enforceable at law if parties competent to enter into it with free consent, for consideration and the contract is not contrary to law and against public policyFacts: A, a boy of 16 years entered into an agreement to sell his flat in Cochin for a sum of Rs. 12 Lakhs. As father was very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)The buyer will obtain relief because A freely entered into the contractb)The buyer will obtain relief because the agreement is with considerationc)The buyer will not succeed because As father does not approve of the contractd)The buyer will not succeed because A is below 18 yrs. of ageCorrect answer is option 'D'. Can you explain this answer?
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Principle: An agreement is enforceable at law if parties competent to enter into it with free consent, for consideration and the contract is not contrary to law and against public policyFacts: A, a boy of 16 years entered into an agreement to sell his flat in Cochin for a sum of Rs. 12 Lakhs. As father was very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)The buyer will obtain relief because A freely entered into the contractb)The buyer will obtain relief because the agreement is with considerationc)The buyer will not succeed because As father does not approve of the contractd)The buyer will not succeed because A is below 18 yrs. of ageCorrect answer is option 'D'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle: An agreement is enforceable at law if parties competent to enter into it with free consent, for consideration and the contract is not contrary to law and against public policyFacts: A, a boy of 16 years entered into an agreement to sell his flat in Cochin for a sum of Rs. 12 Lakhs. As father was very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)The buyer will obtain relief because A freely entered into the contractb)The buyer will obtain relief because the agreement is with considerationc)The buyer will not succeed because As father does not approve of the contractd)The buyer will not succeed because A is below 18 yrs. of ageCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: An agreement is enforceable at law if parties competent to enter into it with free consent, for consideration and the contract is not contrary to law and against public policyFacts: A, a boy of 16 years entered into an agreement to sell his flat in Cochin for a sum of Rs. 12 Lakhs. As father was very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)The buyer will obtain relief because A freely entered into the contractb)The buyer will obtain relief because the agreement is with considerationc)The buyer will not succeed because As father does not approve of the contractd)The buyer will not succeed because A is below 18 yrs. of ageCorrect answer is option 'D'. Can you explain this answer?.
Solutions for Principle: An agreement is enforceable at law if parties competent to enter into it with free consent, for consideration and the contract is not contrary to law and against public policyFacts: A, a boy of 16 years entered into an agreement to sell his flat in Cochin for a sum of Rs. 12 Lakhs. As father was very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)The buyer will obtain relief because A freely entered into the contractb)The buyer will obtain relief because the agreement is with considerationc)The buyer will not succeed because As father does not approve of the contractd)The buyer will not succeed because A is below 18 yrs. of ageCorrect answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Principle: An agreement is enforceable at law if parties competent to enter into it with free consent, for consideration and the contract is not contrary to law and against public policyFacts: A, a boy of 16 years entered into an agreement to sell his flat in Cochin for a sum of Rs. 12 Lakhs. As father was very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)The buyer will obtain relief because A freely entered into the contractb)The buyer will obtain relief because the agreement is with considerationc)The buyer will not succeed because As father does not approve of the contractd)The buyer will not succeed because A is below 18 yrs. of ageCorrect answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle: An agreement is enforceable at law if parties competent to enter into it with free consent, for consideration and the contract is not contrary to law and against public policyFacts: A, a boy of 16 years entered into an agreement to sell his flat in Cochin for a sum of Rs. 12 Lakhs. As father was very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)The buyer will obtain relief because A freely entered into the contractb)The buyer will obtain relief because the agreement is with considerationc)The buyer will not succeed because As father does not approve of the contractd)The buyer will not succeed because A is below 18 yrs. of ageCorrect answer is option 'D'. Can you explain this answer?, a detailed solution for Principle: An agreement is enforceable at law if parties competent to enter into it with free consent, for consideration and the contract is not contrary to law and against public policyFacts: A, a boy of 16 years entered into an agreement to sell his flat in Cochin for a sum of Rs. 12 Lakhs. As father was very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)The buyer will obtain relief because A freely entered into the contractb)The buyer will obtain relief because the agreement is with considerationc)The buyer will not succeed because As father does not approve of the contractd)The buyer will not succeed because A is below 18 yrs. of ageCorrect answer is option 'D'. Can you explain this answer? has been provided alongside types of Principle: An agreement is enforceable at law if parties competent to enter into it with free consent, for consideration and the contract is not contrary to law and against public policyFacts: A, a boy of 16 years entered into an agreement to sell his flat in Cochin for a sum of Rs. 12 Lakhs. As father was very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)The buyer will obtain relief because A freely entered into the contractb)The buyer will obtain relief because the agreement is with considerationc)The buyer will not succeed because As father does not approve of the contractd)The buyer will not succeed because A is below 18 yrs. of ageCorrect answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle: An agreement is enforceable at law if parties competent to enter into it with free consent, for consideration and the contract is not contrary to law and against public policyFacts: A, a boy of 16 years entered into an agreement to sell his flat in Cochin for a sum of Rs. 12 Lakhs. As father was very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)The buyer will obtain relief because A freely entered into the contractb)The buyer will obtain relief because the agreement is with considerationc)The buyer will not succeed because As father does not approve of the contractd)The buyer will not succeed because A is below 18 yrs. of ageCorrect answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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