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A paid ` 5000 to a Government servant to get him a contract for the canteen. The Government servant could not get the contract. Can A recover ` 5000 paid by him to the Government servant? (a) Yes, the agreement is opposed to public policy (b) No, the agreement is opposed to public policy (c) No, the agreements are a voidable agreement and can be avoided by A (d) No, the agreement falls under section 23 and hence illegal?
Most Upvoted Answer
A paid ` 5000 to a Government servant to get him a contract for the ca...
Answer:
Explanation of the situation:
A paid ` 5000 to a Government servant to get him a contract for the canteen. However, the Government servant failed to secure the contract for A. Now, A wants to recover the ` 5000 paid to the Government servant.
Analysis of the situation:
The agreement between A and the Government servant is questionable as it involves paying a bribe to get a contract. This type of agreement is generally considered illegal and against public policy.
Possible options for recovery:
(a) Yes, the agreement is opposed to public policy:
If the agreement is opposed to public policy, then A can recover the ` 5000 paid to the Government servant. This is because agreements that are against public policy are considered void ab initio, meaning they are void from the beginning.
(b) No, the agreement is opposed to public policy:
If the agreement is not considered against public policy, then A may not be able to recover the ` 5000 paid to the Government servant. This is because the agreement may be considered legal, but the Government servant failed to fulfill their end of the agreement.
(c) No, the agreements are a voidable agreement and can be avoided by A:
If the agreement is considered a voidable agreement, then A may have the option to avoid the agreement and recover the ` 5000 paid to the Government servant. This is because voidable agreements are those that are legally binding, but one of the parties has the option to avoid the agreement due to certain circumstances.
(d) No, the agreement falls under section 23 and hence illegal:
If the agreement falls under section 23 of the Indian Contract Act, then it may be considered illegal. Section 23 states that agreements that are considered immoral or illegal are void. In this case, paying a bribe to a Government servant is considered illegal, and therefore, the agreement may be considered void.
Conclusion:
The recovery of ` 5000 paid to the Government servant by A depends on the legality of the agreement and whether it is considered against public policy or voidable. However, considering the circumstances, it is likely that the agreement is illegal and void, making it possible for A to recover the ` 5000 paid to the Government servant.
Explanation of the situation:
A paid ` 5000 to a Government servant to get him a contract for the canteen. However, the Government servant failed to secure the contract for A. Now, A wants to recover the ` 5000 paid to the Government servant.
Analysis of the situation:
The agreement between A and the Government servant is questionable as it involves paying a bribe to get a contract. This type of agreement is generally considered illegal and against public policy.
Possible options for recovery:
(a) Yes, the agreement is opposed to public policy:
If the agreement is opposed to public policy, then A can recover the ` 5000 paid to the Government servant. This is because agreements that are against public policy are considered void ab initio, meaning they are void from the beginning.
(b) No, the agreement is opposed to public policy:
If the agreement is not considered against public policy, then A may not be able to recover the ` 5000 paid to the Government servant. This is because the agreement may be considered legal, but the Government servant failed to fulfill their end of the agreement.
(c) No, the agreements are a voidable agreement and can be avoided by A:
If the agreement is considered a voidable agreement, then A may have the option to avoid the agreement and recover the ` 5000 paid to the Government servant. This is because voidable agreements are those that are legally binding, but one of the parties has the option to avoid the agreement due to certain circumstances.
(d) No, the agreement falls under section 23 and hence illegal:
If the agreement falls under section 23 of the Indian Contract Act, then it may be considered illegal. Section 23 states that agreements that are considered immoral or illegal are void. In this case, paying a bribe to a Government servant is considered illegal, and therefore, the agreement may be considered void.
Conclusion:
The recovery of ` 5000 paid to the Government servant by A depends on the legality of the agreement and whether it is considered against public policy or voidable. However, considering the circumstances, it is likely that the agreement is illegal and void, making it possible for A to recover the ` 5000 paid to the Government servant.
Community Answer
A paid ` 5000 to a Government servant to get him a contract for the ca...
The correct answer is option D
Agreements in which the consideration is unlawful are declared to be Void.
Section 23 of Indian Contract Act,1872 provides that the consideration is unlawful when
1.it is prohibited by law
2.the approval of which would defy the provisions of any other law
3. it is of fraudulent in nature
4.involving injury to a person or his property
5. the court regards it as immoral
6.opposing public policy
An agreement for the post of government servant is opposing public policy and hence void as per section 23
Agreements in which the consideration is unlawful are declared to be Void.
Section 23 of Indian Contract Act,1872 provides that the consideration is unlawful when
1.it is prohibited by law
2.the approval of which would defy the provisions of any other law
3. it is of fraudulent in nature
4.involving injury to a person or his property
5. the court regards it as immoral
6.opposing public policy
An agreement for the post of government servant is opposing public policy and hence void as per section 23
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A paid ` 5000 to a Government servant to get him a contract for the canteen. The Government servant could not get the contract. Can A recover ` 5000 paid by him to the Government servant? (a) Yes, the agreement is opposed to public policy (b) No, the agreement is opposed to public policy (c) No, the agreements are a voidable agreement and can be avoided by A (d) No, the agreement falls under section 23 and hence illegal?
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A paid ` 5000 to a Government servant to get him a contract for the canteen. The Government servant could not get the contract. Can A recover ` 5000 paid by him to the Government servant? (a) Yes, the agreement is opposed to public policy (b) No, the agreement is opposed to public policy (c) No, the agreements are a voidable agreement and can be avoided by A (d) No, the agreement falls under section 23 and hence illegal? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about A paid ` 5000 to a Government servant to get him a contract for the canteen. The Government servant could not get the contract. Can A recover ` 5000 paid by him to the Government servant? (a) Yes, the agreement is opposed to public policy (b) No, the agreement is opposed to public policy (c) No, the agreements are a voidable agreement and can be avoided by A (d) No, the agreement falls under section 23 and hence illegal? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for A paid ` 5000 to a Government servant to get him a contract for the canteen. The Government servant could not get the contract. Can A recover ` 5000 paid by him to the Government servant? (a) Yes, the agreement is opposed to public policy (b) No, the agreement is opposed to public policy (c) No, the agreements are a voidable agreement and can be avoided by A (d) No, the agreement falls under section 23 and hence illegal?.
A paid ` 5000 to a Government servant to get him a contract for the canteen. The Government servant could not get the contract. Can A recover ` 5000 paid by him to the Government servant? (a) Yes, the agreement is opposed to public policy (b) No, the agreement is opposed to public policy (c) No, the agreements are a voidable agreement and can be avoided by A (d) No, the agreement falls under section 23 and hence illegal? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about A paid ` 5000 to a Government servant to get him a contract for the canteen. The Government servant could not get the contract. Can A recover ` 5000 paid by him to the Government servant? (a) Yes, the agreement is opposed to public policy (b) No, the agreement is opposed to public policy (c) No, the agreements are a voidable agreement and can be avoided by A (d) No, the agreement falls under section 23 and hence illegal? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for A paid ` 5000 to a Government servant to get him a contract for the canteen. The Government servant could not get the contract. Can A recover ` 5000 paid by him to the Government servant? (a) Yes, the agreement is opposed to public policy (b) No, the agreement is opposed to public policy (c) No, the agreements are a voidable agreement and can be avoided by A (d) No, the agreement falls under section 23 and hence illegal?.
Solutions for A paid ` 5000 to a Government servant to get him a contract for the canteen. The Government servant could not get the contract. Can A recover ` 5000 paid by him to the Government servant? (a) Yes, the agreement is opposed to public policy (b) No, the agreement is opposed to public policy (c) No, the agreements are a voidable agreement and can be avoided by A (d) No, the agreement falls under section 23 and hence illegal? in English & in Hindi are available as part of our courses for CA Foundation.
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A paid ` 5000 to a Government servant to get him a contract for the canteen. The Government servant could not get the contract. Can A recover ` 5000 paid by him to the Government servant? (a) Yes, the agreement is opposed to public policy (b) No, the agreement is opposed to public policy (c) No, the agreements are a voidable agreement and can be avoided by A (d) No, the agreement falls under section 23 and hence illegal?, a detailed solution for A paid ` 5000 to a Government servant to get him a contract for the canteen. The Government servant could not get the contract. Can A recover ` 5000 paid by him to the Government servant? (a) Yes, the agreement is opposed to public policy (b) No, the agreement is opposed to public policy (c) No, the agreements are a voidable agreement and can be avoided by A (d) No, the agreement falls under section 23 and hence illegal? has been provided alongside types of A paid ` 5000 to a Government servant to get him a contract for the canteen. The Government servant could not get the contract. Can A recover ` 5000 paid by him to the Government servant? (a) Yes, the agreement is opposed to public policy (b) No, the agreement is opposed to public policy (c) No, the agreements are a voidable agreement and can be avoided by A (d) No, the agreement falls under section 23 and hence illegal? theory, EduRev gives you an
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