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Mr. X undertake to put life into the dead wife of Mr Y and takes fees of Rs 10,000. Mr X failed to do so. Mr Y claims his money back. Is Mr Y’s claim valid? Write appropriate provisions of Indian Contract Act 1872 appliable to this situation.?
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Mr. X undertake to put life into the dead wife of Mr Y and takes fees ...
Validity of Mr Y's Claim under Indian Contract Act 1872
Provisions of Indian Contract Act 1872
The Indian Contract Act 1872 governs the legality and enforceability of contracts in India. The following provisions of the Act are applicable to the situation:
1. Section 2(h) defines a contract as an agreement enforceable by law.
2. Section 10 states that an agreement is a contract only when it is made with the free consent of both the parties.
3. Section 11 lays down that an agreement is void if it is impossible to perform.
4. Section 13 specifies that a contract should be lawful in order to be enforceable.
Validity of Mr Y's Claim
In the given situation, Mr X undertook to put life into the dead wife of Mr Y and took a fee of Rs 10,000. However, Mr X failed to do so. This agreement is void for the following reasons:
1. Free Consent: Mr Y might have entered into the agreement under duress or coercion, as the agreement is absurd and impossible to perform. Hence, there was no free consent of Mr Y.
2. Impossibility to Perform: The agreement is impossible to perform as it is beyond the scope of human ability to bring back the dead to life.
3. Unlawful Agreement: The agreement is unlawful as it is against the public policy and morals of society.
Therefore, Mr Y's claim for refund of the fee paid to Mr X is valid under the Indian Contract Act 1872.
Provisions of Indian Contract Act 1872
The Indian Contract Act 1872 governs the legality and enforceability of contracts in India. The following provisions of the Act are applicable to the situation:
1. Section 2(h) defines a contract as an agreement enforceable by law.
2. Section 10 states that an agreement is a contract only when it is made with the free consent of both the parties.
3. Section 11 lays down that an agreement is void if it is impossible to perform.
4. Section 13 specifies that a contract should be lawful in order to be enforceable.
Validity of Mr Y's Claim
In the given situation, Mr X undertook to put life into the dead wife of Mr Y and took a fee of Rs 10,000. However, Mr X failed to do so. This agreement is void for the following reasons:
1. Free Consent: Mr Y might have entered into the agreement under duress or coercion, as the agreement is absurd and impossible to perform. Hence, there was no free consent of Mr Y.
2. Impossibility to Perform: The agreement is impossible to perform as it is beyond the scope of human ability to bring back the dead to life.
3. Unlawful Agreement: The agreement is unlawful as it is against the public policy and morals of society.
Therefore, Mr Y's claim for refund of the fee paid to Mr X is valid under the Indian Contract Act 1872.
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Mr. X undertake to put life into the dead wife of Mr Y and takes fees of Rs 10,000. Mr X failed to do so. Mr Y claims his money back. Is Mr Y’s claim valid? Write appropriate provisions of Indian Contract Act 1872 appliable to this situation.?
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Mr. X undertake to put life into the dead wife of Mr Y and takes fees of Rs 10,000. Mr X failed to do so. Mr Y claims his money back. Is Mr Y’s claim valid? Write appropriate provisions of Indian Contract Act 1872 appliable to this situation.? for B Com 2024 is part of B Com preparation. The Question and answers have been prepared according to the B Com exam syllabus. Information about Mr. X undertake to put life into the dead wife of Mr Y and takes fees of Rs 10,000. Mr X failed to do so. Mr Y claims his money back. Is Mr Y’s claim valid? Write appropriate provisions of Indian Contract Act 1872 appliable to this situation.? covers all topics & solutions for B Com 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Mr. X undertake to put life into the dead wife of Mr Y and takes fees of Rs 10,000. Mr X failed to do so. Mr Y claims his money back. Is Mr Y’s claim valid? Write appropriate provisions of Indian Contract Act 1872 appliable to this situation.?.
Mr. X undertake to put life into the dead wife of Mr Y and takes fees of Rs 10,000. Mr X failed to do so. Mr Y claims his money back. Is Mr Y’s claim valid? Write appropriate provisions of Indian Contract Act 1872 appliable to this situation.? for B Com 2024 is part of B Com preparation. The Question and answers have been prepared according to the B Com exam syllabus. Information about Mr. X undertake to put life into the dead wife of Mr Y and takes fees of Rs 10,000. Mr X failed to do so. Mr Y claims his money back. Is Mr Y’s claim valid? Write appropriate provisions of Indian Contract Act 1872 appliable to this situation.? covers all topics & solutions for B Com 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Mr. X undertake to put life into the dead wife of Mr Y and takes fees of Rs 10,000. Mr X failed to do so. Mr Y claims his money back. Is Mr Y’s claim valid? Write appropriate provisions of Indian Contract Act 1872 appliable to this situation.?.
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