CLAT Exam  >  CLAT Questions  >   Direction: Apply the legal principles to the... Start Learning for Free
Direction: Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
Consideration is something that moves from the promise to the promisor, at the implied or express request of the latter, in return for his promise. The item that moves can be a right, interest, profit, loss, responsibility given or suffered, forbearance or a benefit which is of some value in the eyes of law.
  • An offer may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards
    Factual Situation: MXM Co. is a building contractor who entered into an agreement with Star Heights Housing Association to refurbish a block of 27 flats. This contract was subject to a liquidated damages clause if they did not complete the contract on time. The MXM Co. engaged Hasan to do the carpentry work for an agreed price of `20,000. After six months of commencing the work, Hasan realised he had priced the job too low and would be unable to complete at the originally agreed price. He approached MXM Co. who recognised that the price was particularly low and was concerned about completing the contract on time. MXM Co. agreed to make additional payments to Hasan in return for his promise to carry out his existing obligations.
    MXM Co. agreed to pay Hasan an additional `575 per flat. Hasan continued work on the flats for a further period of 6 weeks but only received an additional n5,000. He then ran out of money and refused to continue unless payment was made. MXM Co. engaged another carpenter to complete the contract and refused to pay Hasan any further sums. Hasan sued for payment under the original agreement and the subsequent agreement. MXM Co. argued that the agreement to make additional payments was unenforceable as Hasan has not provided any consideration to make this agreement a valid contract. Decide.
    • a)
      The agreement to pay extra was unenforceable as Hasan had provided no consideration as he was already under an existing contractual duty to complete the work.
    • b)
      Consideration was provided by Hasan in the form of conferring a benefit on the MXM Co. by helping them to avoid the penalty clause. Therefore, MXM Co. was liable to make the extra payments promised.
    • c)
      There was no consideration provided by Hasan as to avoid the penalty clause was the main object of the contract. Therefore, MXM Co. was not liable to make the extra payments promised.
    • d)
      MXM Co. is liable to pay compensation to Hasan as they have committed a breach of contract by employing another carpenter.
    Correct answer is option 'B'. Can you explain this answer?
    Most Upvoted Answer
    Direction: Apply the legal principles to the facts given below and se...
    As per principle no. 1, the statement of Hassan amounts to consideration for extra payment, as he was conferring the benefit to MXM company, which was prevention against the loss of liquidated damages, which they have decided with Star Heights Housing Association, so it has value in the eyes of law. It is pertinent to note that in case the contract had not been completed on time, MXM Co. would have been liable to pay the liquidated damages to Star Heights Hotel Association. Though Hasan initially refused to carry out the work due to the low amount being paid to him, he agreed subsequently on the condition that he will be paid extra for resuming the work. This actually enabled MXM Co. to avoid the penalty clause and formed the consideration for the subsequent contract in the form of a benefit accrued to MXM Co. Thus, MXM Co. was liable to make the extra payments promised.
    Hence, the correct option is (B).
    Attention CLAT Students!
    To make sure you are not studying endlessly, EduRev has designed CLAT study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CLAT.
    Explore Courses for CLAT exam

    Similar CLAT Doubts

    Directions: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.The Specific Relief Act provides for specific reliefs. Specific relief means relief of certain species, i.e. an exact or particular, a named, fixed or determined relief. The term is generally understood as providing relief of a specific kind rather than a general relief or damages or compensation. It is a remedy which aims at the exact fulfilment of an obligation or specific performance of the contract, i.e if some body unlawfully dispossesses someone of his property, the general relief may be requiring the defendant to pay the other party compensation equivalent to the loss suffered by him due to dispossession. Specific relief may enable to have the possession of the same property over again by requiring the defendant to restore possession of the property. Specific performance is generally granted when there exists no standard for ascertaining actual damage, say, there is sale of picture by the dead painter, or where compensation in money will not provide adequate relief to the plaintiff. S. 10 of the Act provides the conditions where the specific performance of contract is enforceable. According to it, the specific performance of any contract may, in the discretion of the court, be enforced when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done or when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. But in the exercise of this discretion, the court is governed by certain principles. The explanation to the section states that the court in case of immovable property shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and that the breach of a contract to transfer movable property can be so relieved except in the cases where the property is not an ordinary article of commerce, or is of special value or interest to the person, or consists of goods which are not easily obtainable in the market; or where the property is held by the defendant as the agent or trustee of the plaintiff. It would be burden of defendants to demonstrate that the breach can be adequately compensated. Section 11(2) of the Specific Relief Act, 1963 provides that a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. Also, the contract to be specifically enforced must be mutual. The doctrine of mutuality means that the contract must be mutually enforceable by each party against the other. It does not, however, mean that for every right there must be corresponding clause. A contract may contain series of clauses and covenants which form the total bargain between the parties, and each of them is the consideration for the other. It means each party to the contract must have the freedom to enforce his right under the contract against each other.Q.X appointed Y as the trustee of his school as X was moving abroad for a month. He instructed Y to lease the playgrounds to PQR Academy during summers. The director of PQR Academy had a talk with X before X left the country regarding leasing of 10 classrooms, to be used as dressing rooms. X was willing for it but wanted time for consideration citing reason that those classrooms were under repairs. On the time of execution of lease deed, the director of PQR Academy discussed it with Y and asked him to include the classrooms as well, as repairs were over. Y got the lease deed registered with required addition. On his return, X took the possession of the classrooms. PQR Academy sued X for specific performance of the lease deed. Decide.

    Directions: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.The Specific Relief Act provides for specific reliefs. Specific relief means relief of certain species, i.e. an exact or particular, a named, fixed or determined relief. The term is generally understood as providing relief of a specific kind rather than a general relief or damages or compensation. It is a remedy which aims at the exact fulfilment of an obligation or specific performance of the contract, i.e if some body unlawfully dispossesses someone of his property, the general relief may be requiring the defendant to pay the other party compensation equivalent to the loss suffered by him due to dispossession. Specific relief may enable to have the possession of the same property over again by requiring the defendant to restore possession of the property. Specific performance is generally granted when there exists no standard for ascertaining actual damage, say, there is sale of picture by the dead painter, or where compensation in money will not provide adequate relief to the plaintiff. S. 10 of the Act provides the conditions where the specific performance of contract is enforceable. According to it, the specific performance of any contract may, in the discretion of the court, be enforced when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done or when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. But in the exercise of this discretion, the court is governed by certain principles. The explanation to the section states that the court in case of immovable property shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and that the breach of a contract to transfer movable property can be so relieved except in the cases where the property is not an ordinary article of commerce, or is of special value or interest to the person, or consists of goods which are not easily obtainable in the market; or where the property is held by the defendant as the agent or trustee of the plaintiff. It would be burden of defendants to demonstrate that the breach can be adequately compensated. Section 11(2) of the Specific Relief Act, 1963 provides that a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. Also, the contract to be specifically enforced must be mutual. The doctrine of mutuality means that the contract must be mutually enforceable by each party against the other. It does not, however, mean that for every right there must be corresponding clause. A contract may contain series of clauses and covenants which form the total bargain between the parties, and each of them is the consideration for the other. It means each party to the contract must have the freedom to enforce his right under the contract against each other.Q.X contracted to sell his 10 acres land to Y and also promised to pay Y $50,000 in default, to which Y agreed. X got a better deal from Z [a multimillionaire], who wanted to set up an industry on 4 acres of land of X for the same amount Y was paying for the whole of land. X did not reveal the same to Y and sold 4 acres to Z. Y demanded for specific performance of the contract between X and Y.

    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.Chetan lends money to Ashu. Chetan while signing the contract asks Ashu if she has a guarantor. Ashu without any intimation to Anuj gave his name as the guarantor. Ashu later on convinced Anuj to be the guarantor, but upon Ashus default, Anuj refused to pay. 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.

    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.Chetna advances loan of Rs 1 lakh to Chitra. Palak, boss of Chitra, promises that in case Chitra fails to repay the loan, she will repay the same. Chitra fails to repay the loan upon being declared bankrupt. Chetna filed a case against Palak for default. Decide.

    Top Courses for CLAT

    Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principles: Consideration is something that moves from the promise to the promisor, at the implied or express request of the latter, in return for his promise. The item that moves can be a right, interest, profit, loss, responsibility given or suffered, forbearance or a benefit which is of some value in the eyes of law. An offer may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards Factual Situation: MXM Co. is a building contractor who entered into an agreement with Star Heights Housing Association to refurbish a block of 27 flats. This contract was subject to a liquidated damages clause if they did not complete the contract on time. The MXM Co. engaged Hasan to do the carpentry work for an agreed price of `20,000. After six months of commencing the work, Hasan realised he had priced the job too low and would be unable to complete at the originally agreed price. He approached MXM Co. who recognised that the price was particularly low and was concerned about completing the contract on time. MXM Co. agreed to make additional payments to Hasan in return for his promise to carry out his existing obligations.MXM Co. agreed to pay Hasan an additional `575 per flat. Hasan continued work on the flats for a further period of 6 weeks but only received an additional n5,000. He then ran out of money and refused to continue unless payment was made. MXM Co. engaged another carpenter to complete the contract and refused to pay Hasan any further sums. Hasan sued for payment under the original agreement and the subsequent agreement. MXM Co. argued that the agreement to make additional payments was unenforceable as Hasan has not provided any consideration to make this agreement a valid contract. Decide.a)The agreement to pay extra was unenforceable as Hasan had provided no consideration as he was already under an existing contractual duty to complete the work.b)Consideration was provided by Hasan in the form of conferring a benefit on the MXM Co. by helping them to avoid the penalty clause. Therefore, MXM Co. was liable to make the extra payments promised.c)There was no consideration provided by Hasan as to avoid the penalty clause was the main object of the contract. Therefore, MXM Co. was not liable to make the extra payments promised.d)MXM Co. is liable to pay compensation to Hasan as they have committed a breach of contract by employing another carpenter.Correct answer is option 'B'. Can you explain this answer?
    Question Description
    Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principles: Consideration is something that moves from the promise to the promisor, at the implied or express request of the latter, in return for his promise. The item that moves can be a right, interest, profit, loss, responsibility given or suffered, forbearance or a benefit which is of some value in the eyes of law. An offer may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards Factual Situation: MXM Co. is a building contractor who entered into an agreement with Star Heights Housing Association to refurbish a block of 27 flats. This contract was subject to a liquidated damages clause if they did not complete the contract on time. The MXM Co. engaged Hasan to do the carpentry work for an agreed price of `20,000. After six months of commencing the work, Hasan realised he had priced the job too low and would be unable to complete at the originally agreed price. He approached MXM Co. who recognised that the price was particularly low and was concerned about completing the contract on time. MXM Co. agreed to make additional payments to Hasan in return for his promise to carry out his existing obligations.MXM Co. agreed to pay Hasan an additional `575 per flat. Hasan continued work on the flats for a further period of 6 weeks but only received an additional n5,000. He then ran out of money and refused to continue unless payment was made. MXM Co. engaged another carpenter to complete the contract and refused to pay Hasan any further sums. Hasan sued for payment under the original agreement and the subsequent agreement. MXM Co. argued that the agreement to make additional payments was unenforceable as Hasan has not provided any consideration to make this agreement a valid contract. Decide.a)The agreement to pay extra was unenforceable as Hasan had provided no consideration as he was already under an existing contractual duty to complete the work.b)Consideration was provided by Hasan in the form of conferring a benefit on the MXM Co. by helping them to avoid the penalty clause. Therefore, MXM Co. was liable to make the extra payments promised.c)There was no consideration provided by Hasan as to avoid the penalty clause was the main object of the contract. Therefore, MXM Co. was not liable to make the extra payments promised.d)MXM Co. is liable to pay compensation to Hasan as they have committed a breach of contract by employing another carpenter.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principles: Consideration is something that moves from the promise to the promisor, at the implied or express request of the latter, in return for his promise. The item that moves can be a right, interest, profit, loss, responsibility given or suffered, forbearance or a benefit which is of some value in the eyes of law. An offer may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards Factual Situation: MXM Co. is a building contractor who entered into an agreement with Star Heights Housing Association to refurbish a block of 27 flats. This contract was subject to a liquidated damages clause if they did not complete the contract on time. The MXM Co. engaged Hasan to do the carpentry work for an agreed price of `20,000. After six months of commencing the work, Hasan realised he had priced the job too low and would be unable to complete at the originally agreed price. He approached MXM Co. who recognised that the price was particularly low and was concerned about completing the contract on time. MXM Co. agreed to make additional payments to Hasan in return for his promise to carry out his existing obligations.MXM Co. agreed to pay Hasan an additional `575 per flat. Hasan continued work on the flats for a further period of 6 weeks but only received an additional n5,000. He then ran out of money and refused to continue unless payment was made. MXM Co. engaged another carpenter to complete the contract and refused to pay Hasan any further sums. Hasan sued for payment under the original agreement and the subsequent agreement. MXM Co. argued that the agreement to make additional payments was unenforceable as Hasan has not provided any consideration to make this agreement a valid contract. Decide.a)The agreement to pay extra was unenforceable as Hasan had provided no consideration as he was already under an existing contractual duty to complete the work.b)Consideration was provided by Hasan in the form of conferring a benefit on the MXM Co. by helping them to avoid the penalty clause. Therefore, MXM Co. was liable to make the extra payments promised.c)There was no consideration provided by Hasan as to avoid the penalty clause was the main object of the contract. Therefore, MXM Co. was not liable to make the extra payments promised.d)MXM Co. is liable to pay compensation to Hasan as they have committed a breach of contract by employing another carpenter.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principles: Consideration is something that moves from the promise to the promisor, at the implied or express request of the latter, in return for his promise. The item that moves can be a right, interest, profit, loss, responsibility given or suffered, forbearance or a benefit which is of some value in the eyes of law. An offer may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards Factual Situation: MXM Co. is a building contractor who entered into an agreement with Star Heights Housing Association to refurbish a block of 27 flats. This contract was subject to a liquidated damages clause if they did not complete the contract on time. The MXM Co. engaged Hasan to do the carpentry work for an agreed price of `20,000. After six months of commencing the work, Hasan realised he had priced the job too low and would be unable to complete at the originally agreed price. He approached MXM Co. who recognised that the price was particularly low and was concerned about completing the contract on time. MXM Co. agreed to make additional payments to Hasan in return for his promise to carry out his existing obligations.MXM Co. agreed to pay Hasan an additional `575 per flat. Hasan continued work on the flats for a further period of 6 weeks but only received an additional n5,000. He then ran out of money and refused to continue unless payment was made. MXM Co. engaged another carpenter to complete the contract and refused to pay Hasan any further sums. Hasan sued for payment under the original agreement and the subsequent agreement. MXM Co. argued that the agreement to make additional payments was unenforceable as Hasan has not provided any consideration to make this agreement a valid contract. Decide.a)The agreement to pay extra was unenforceable as Hasan had provided no consideration as he was already under an existing contractual duty to complete the work.b)Consideration was provided by Hasan in the form of conferring a benefit on the MXM Co. by helping them to avoid the penalty clause. Therefore, MXM Co. was liable to make the extra payments promised.c)There was no consideration provided by Hasan as to avoid the penalty clause was the main object of the contract. Therefore, MXM Co. was not liable to make the extra payments promised.d)MXM Co. is liable to pay compensation to Hasan as they have committed a breach of contract by employing another carpenter.Correct answer is option 'B'. Can you explain this answer?.
    Solutions for Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principles: Consideration is something that moves from the promise to the promisor, at the implied or express request of the latter, in return for his promise. The item that moves can be a right, interest, profit, loss, responsibility given or suffered, forbearance or a benefit which is of some value in the eyes of law. An offer may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards Factual Situation: MXM Co. is a building contractor who entered into an agreement with Star Heights Housing Association to refurbish a block of 27 flats. This contract was subject to a liquidated damages clause if they did not complete the contract on time. The MXM Co. engaged Hasan to do the carpentry work for an agreed price of `20,000. After six months of commencing the work, Hasan realised he had priced the job too low and would be unable to complete at the originally agreed price. He approached MXM Co. who recognised that the price was particularly low and was concerned about completing the contract on time. MXM Co. agreed to make additional payments to Hasan in return for his promise to carry out his existing obligations.MXM Co. agreed to pay Hasan an additional `575 per flat. Hasan continued work on the flats for a further period of 6 weeks but only received an additional n5,000. He then ran out of money and refused to continue unless payment was made. MXM Co. engaged another carpenter to complete the contract and refused to pay Hasan any further sums. Hasan sued for payment under the original agreement and the subsequent agreement. MXM Co. argued that the agreement to make additional payments was unenforceable as Hasan has not provided any consideration to make this agreement a valid contract. Decide.a)The agreement to pay extra was unenforceable as Hasan had provided no consideration as he was already under an existing contractual duty to complete the work.b)Consideration was provided by Hasan in the form of conferring a benefit on the MXM Co. by helping them to avoid the penalty clause. Therefore, MXM Co. was liable to make the extra payments promised.c)There was no consideration provided by Hasan as to avoid the penalty clause was the main object of the contract. Therefore, MXM Co. was not liable to make the extra payments promised.d)MXM Co. is liable to pay compensation to Hasan as they have committed a breach of contract by employing another carpenter.Correct answer is option 'B'. 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 Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principles: Consideration is something that moves from the promise to the promisor, at the implied or express request of the latter, in return for his promise. The item that moves can be a right, interest, profit, loss, responsibility given or suffered, forbearance or a benefit which is of some value in the eyes of law. An offer may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards Factual Situation: MXM Co. is a building contractor who entered into an agreement with Star Heights Housing Association to refurbish a block of 27 flats. This contract was subject to a liquidated damages clause if they did not complete the contract on time. The MXM Co. engaged Hasan to do the carpentry work for an agreed price of `20,000. After six months of commencing the work, Hasan realised he had priced the job too low and would be unable to complete at the originally agreed price. He approached MXM Co. who recognised that the price was particularly low and was concerned about completing the contract on time. MXM Co. agreed to make additional payments to Hasan in return for his promise to carry out his existing obligations.MXM Co. agreed to pay Hasan an additional `575 per flat. Hasan continued work on the flats for a further period of 6 weeks but only received an additional n5,000. He then ran out of money and refused to continue unless payment was made. MXM Co. engaged another carpenter to complete the contract and refused to pay Hasan any further sums. Hasan sued for payment under the original agreement and the subsequent agreement. MXM Co. argued that the agreement to make additional payments was unenforceable as Hasan has not provided any consideration to make this agreement a valid contract. Decide.a)The agreement to pay extra was unenforceable as Hasan had provided no consideration as he was already under an existing contractual duty to complete the work.b)Consideration was provided by Hasan in the form of conferring a benefit on the MXM Co. by helping them to avoid the penalty clause. Therefore, MXM Co. was liable to make the extra payments promised.c)There was no consideration provided by Hasan as to avoid the penalty clause was the main object of the contract. Therefore, MXM Co. was not liable to make the extra payments promised.d)MXM Co. is liable to pay compensation to Hasan as they have committed a breach of contract by employing another carpenter.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principles: Consideration is something that moves from the promise to the promisor, at the implied or express request of the latter, in return for his promise. The item that moves can be a right, interest, profit, loss, responsibility given or suffered, forbearance or a benefit which is of some value in the eyes of law. An offer may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards Factual Situation: MXM Co. is a building contractor who entered into an agreement with Star Heights Housing Association to refurbish a block of 27 flats. This contract was subject to a liquidated damages clause if they did not complete the contract on time. The MXM Co. engaged Hasan to do the carpentry work for an agreed price of `20,000. After six months of commencing the work, Hasan realised he had priced the job too low and would be unable to complete at the originally agreed price. He approached MXM Co. who recognised that the price was particularly low and was concerned about completing the contract on time. MXM Co. agreed to make additional payments to Hasan in return for his promise to carry out his existing obligations.MXM Co. agreed to pay Hasan an additional `575 per flat. Hasan continued work on the flats for a further period of 6 weeks but only received an additional n5,000. He then ran out of money and refused to continue unless payment was made. MXM Co. engaged another carpenter to complete the contract and refused to pay Hasan any further sums. Hasan sued for payment under the original agreement and the subsequent agreement. MXM Co. argued that the agreement to make additional payments was unenforceable as Hasan has not provided any consideration to make this agreement a valid contract. Decide.a)The agreement to pay extra was unenforceable as Hasan had provided no consideration as he was already under an existing contractual duty to complete the work.b)Consideration was provided by Hasan in the form of conferring a benefit on the MXM Co. by helping them to avoid the penalty clause. Therefore, MXM Co. was liable to make the extra payments promised.c)There was no consideration provided by Hasan as to avoid the penalty clause was the main object of the contract. Therefore, MXM Co. was not liable to make the extra payments promised.d)MXM Co. is liable to pay compensation to Hasan as they have committed a breach of contract by employing another carpenter.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principles: Consideration is something that moves from the promise to the promisor, at the implied or express request of the latter, in return for his promise. The item that moves can be a right, interest, profit, loss, responsibility given or suffered, forbearance or a benefit which is of some value in the eyes of law. An offer may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards Factual Situation: MXM Co. is a building contractor who entered into an agreement with Star Heights Housing Association to refurbish a block of 27 flats. This contract was subject to a liquidated damages clause if they did not complete the contract on time. The MXM Co. engaged Hasan to do the carpentry work for an agreed price of `20,000. After six months of commencing the work, Hasan realised he had priced the job too low and would be unable to complete at the originally agreed price. He approached MXM Co. who recognised that the price was particularly low and was concerned about completing the contract on time. MXM Co. agreed to make additional payments to Hasan in return for his promise to carry out his existing obligations.MXM Co. agreed to pay Hasan an additional `575 per flat. Hasan continued work on the flats for a further period of 6 weeks but only received an additional n5,000. He then ran out of money and refused to continue unless payment was made. MXM Co. engaged another carpenter to complete the contract and refused to pay Hasan any further sums. Hasan sued for payment under the original agreement and the subsequent agreement. MXM Co. argued that the agreement to make additional payments was unenforceable as Hasan has not provided any consideration to make this agreement a valid contract. Decide.a)The agreement to pay extra was unenforceable as Hasan had provided no consideration as he was already under an existing contractual duty to complete the work.b)Consideration was provided by Hasan in the form of conferring a benefit on the MXM Co. by helping them to avoid the penalty clause. Therefore, MXM Co. was liable to make the extra payments promised.c)There was no consideration provided by Hasan as to avoid the penalty clause was the main object of the contract. Therefore, MXM Co. was not liable to make the extra payments promised.d)MXM Co. is liable to pay compensation to Hasan as they have committed a breach of contract by employing another carpenter.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principles: Consideration is something that moves from the promise to the promisor, at the implied or express request of the latter, in return for his promise. The item that moves can be a right, interest, profit, loss, responsibility given or suffered, forbearance or a benefit which is of some value in the eyes of law. An offer may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards Factual Situation: MXM Co. is a building contractor who entered into an agreement with Star Heights Housing Association to refurbish a block of 27 flats. This contract was subject to a liquidated damages clause if they did not complete the contract on time. The MXM Co. engaged Hasan to do the carpentry work for an agreed price of `20,000. After six months of commencing the work, Hasan realised he had priced the job too low and would be unable to complete at the originally agreed price. He approached MXM Co. who recognised that the price was particularly low and was concerned about completing the contract on time. MXM Co. agreed to make additional payments to Hasan in return for his promise to carry out his existing obligations.MXM Co. agreed to pay Hasan an additional `575 per flat. Hasan continued work on the flats for a further period of 6 weeks but only received an additional n5,000. He then ran out of money and refused to continue unless payment was made. MXM Co. engaged another carpenter to complete the contract and refused to pay Hasan any further sums. Hasan sued for payment under the original agreement and the subsequent agreement. MXM Co. argued that the agreement to make additional payments was unenforceable as Hasan has not provided any consideration to make this agreement a valid contract. Decide.a)The agreement to pay extra was unenforceable as Hasan had provided no consideration as he was already under an existing contractual duty to complete the work.b)Consideration was provided by Hasan in the form of conferring a benefit on the MXM Co. by helping them to avoid the penalty clause. Therefore, MXM Co. was liable to make the extra payments promised.c)There was no consideration provided by Hasan as to avoid the penalty clause was the main object of the contract. Therefore, MXM Co. was not liable to make the extra payments promised.d)MXM Co. is liable to pay compensation to Hasan as they have committed a breach of contract by employing another carpenter.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Direction: Apply the legal principles to the facts given below and select the most appropriate answer.Legal Principles: Consideration is something that moves from the promise to the promisor, at the implied or express request of the latter, in return for his promise. The item that moves can be a right, interest, profit, loss, responsibility given or suffered, forbearance or a benefit which is of some value in the eyes of law. An offer may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards Factual Situation: MXM Co. is a building contractor who entered into an agreement with Star Heights Housing Association to refurbish a block of 27 flats. This contract was subject to a liquidated damages clause if they did not complete the contract on time. The MXM Co. engaged Hasan to do the carpentry work for an agreed price of `20,000. After six months of commencing the work, Hasan realised he had priced the job too low and would be unable to complete at the originally agreed price. He approached MXM Co. who recognised that the price was particularly low and was concerned about completing the contract on time. MXM Co. agreed to make additional payments to Hasan in return for his promise to carry out his existing obligations.MXM Co. agreed to pay Hasan an additional `575 per flat. Hasan continued work on the flats for a further period of 6 weeks but only received an additional n5,000. He then ran out of money and refused to continue unless payment was made. MXM Co. engaged another carpenter to complete the contract and refused to pay Hasan any further sums. Hasan sued for payment under the original agreement and the subsequent agreement. MXM Co. argued that the agreement to make additional payments was unenforceable as Hasan has not provided any consideration to make this agreement a valid contract. Decide.a)The agreement to pay extra was unenforceable as Hasan had provided no consideration as he was already under an existing contractual duty to complete the work.b)Consideration was provided by Hasan in the form of conferring a benefit on the MXM Co. by helping them to avoid the penalty clause. Therefore, MXM Co. was liable to make the extra payments promised.c)There was no consideration provided by Hasan as to avoid the penalty clause was the main object of the contract. Therefore, MXM Co. was not liable to make the extra payments promised.d)MXM Co. is liable to pay compensation to Hasan as they have committed a breach of contract by employing another carpenter.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
    Explore Courses for CLAT exam

    Top Courses for CLAT

    Explore Courses
    Signup for Free!
    Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
    10M+ students study on EduRev