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When an inferior right accruing to a party in a contract merges into a superior right accruing to the same party, then :
- a)The contract conferring the superior right is discharged
- b)The contract conferring the inferior right is discharged
- c)Both contracts are not discharged
- d)Both contracts are discharged
Correct answer is option 'B'. Can you explain this answer?
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When an inferior right accruing to a party in a contract merges into a...
When an inferior right accruing to a party in a contract merges into a superior right accruing to the same party, the contract conferring the inferior right is discharged. This means that the party no longer has the right or obligation associated with the inferior right.
Explanation:
1. What is an inferior right?
- An inferior right in a contract is a lesser or subordinate right compared to another right in the same contract.
- It is usually a right that is contingent upon the occurrence of certain conditions or events.
2. What is a superior right?
- A superior right in a contract is a higher or dominant right compared to another right in the same contract.
- It is usually a right that is more comprehensive, enforceable, or valuable.
3. Merger of rights:
- When an inferior right merges into a superior right, it means that the superior right encompasses or supersedes the inferior right.
- This can happen when the conditions or events necessary for the inferior right to be exercised are fulfilled, and the superior right comes into effect.
4. Discharge of the contract conferring the inferior right:
- As the superior right replaces or absorbs the inferior right, the contract that confers the inferior right becomes discharged.
- This means that the party no longer has any rights or obligations under that particular contract.
- The discharge of the contract conferring the inferior right is a natural consequence of the merger of rights.
5. Effect on the other contract:
- The contract conferring the superior right remains valid and enforceable.
- It is not discharged because it is the superior right that has merged with the inferior right, not the entire contract.
- Therefore, the party still has rights and obligations under the contract conferring the superior right.
In conclusion, when an inferior right accruing to a party in a contract merges into a superior right accruing to the same party, the contract conferring the inferior right is discharged. The party no longer has any rights or obligations under that contract. However, the contract conferring the superior right remains valid and enforceable.
Explanation:
1. What is an inferior right?
- An inferior right in a contract is a lesser or subordinate right compared to another right in the same contract.
- It is usually a right that is contingent upon the occurrence of certain conditions or events.
2. What is a superior right?
- A superior right in a contract is a higher or dominant right compared to another right in the same contract.
- It is usually a right that is more comprehensive, enforceable, or valuable.
3. Merger of rights:
- When an inferior right merges into a superior right, it means that the superior right encompasses or supersedes the inferior right.
- This can happen when the conditions or events necessary for the inferior right to be exercised are fulfilled, and the superior right comes into effect.
4. Discharge of the contract conferring the inferior right:
- As the superior right replaces or absorbs the inferior right, the contract that confers the inferior right becomes discharged.
- This means that the party no longer has any rights or obligations under that particular contract.
- The discharge of the contract conferring the inferior right is a natural consequence of the merger of rights.
5. Effect on the other contract:
- The contract conferring the superior right remains valid and enforceable.
- It is not discharged because it is the superior right that has merged with the inferior right, not the entire contract.
- Therefore, the party still has rights and obligations under the contract conferring the superior right.
In conclusion, when an inferior right accruing to a party in a contract merges into a superior right accruing to the same party, the contract conferring the inferior right is discharged. The party no longer has any rights or obligations under that contract. However, the contract conferring the superior right remains valid and enforceable.
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Community Answer
When an inferior right accruing to a party in a contract merges into a...
Take a common example for this case.
Mr.A is living in a house owned by Mr.B for rent. In this case, Mr.A is liable to pay rent
Mr.A has bought the house from Mr.B. Now he becomes the owner of the house in which he was living as tenant previously.
Now, Mr.A has got the right of ownership which is a superior right. His right as a tenant is an inferior right now. Because of merger of superior right (ownership) and inferior right (tenant), his right as a tenant.i.e.to pay rent gets discharged
Mr.A is living in a house owned by Mr.B for rent. In this case, Mr.A is liable to pay rent
Mr.A has bought the house from Mr.B. Now he becomes the owner of the house in which he was living as tenant previously.
Now, Mr.A has got the right of ownership which is a superior right. His right as a tenant is an inferior right now. Because of merger of superior right (ownership) and inferior right (tenant), his right as a tenant.i.e.to pay rent gets discharged
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When an inferior right accruing to a party in a contract merges into a superior right accruing to the same party, then :a)The contract conferring the superior right is dischargedb)The contract conferring the inferior right is dischargedc)Both contracts are not dischargedd)Both contracts are dischargedCorrect answer is option 'B'. Can you explain this answer?
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When an inferior right accruing to a party in a contract merges into a superior right accruing to the same party, then :a)The contract conferring the superior right is dischargedb)The contract conferring the inferior right is dischargedc)Both contracts are not dischargedd)Both contracts are dischargedCorrect answer is option 'B'. Can you explain this answer? 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 When an inferior right accruing to a party in a contract merges into a superior right accruing to the same party, then :a)The contract conferring the superior right is dischargedb)The contract conferring the inferior right is dischargedc)Both contracts are not dischargedd)Both contracts are dischargedCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for When an inferior right accruing to a party in a contract merges into a superior right accruing to the same party, then :a)The contract conferring the superior right is dischargedb)The contract conferring the inferior right is dischargedc)Both contracts are not dischargedd)Both contracts are dischargedCorrect answer is option 'B'. Can you explain this answer?.
When an inferior right accruing to a party in a contract merges into a superior right accruing to the same party, then :a)The contract conferring the superior right is dischargedb)The contract conferring the inferior right is dischargedc)Both contracts are not dischargedd)Both contracts are dischargedCorrect answer is option 'B'. Can you explain this answer? 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 When an inferior right accruing to a party in a contract merges into a superior right accruing to the same party, then :a)The contract conferring the superior right is dischargedb)The contract conferring the inferior right is dischargedc)Both contracts are not dischargedd)Both contracts are dischargedCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for When an inferior right accruing to a party in a contract merges into a superior right accruing to the same party, then :a)The contract conferring the superior right is dischargedb)The contract conferring the inferior right is dischargedc)Both contracts are not dischargedd)Both contracts are dischargedCorrect answer is option 'B'. Can you explain this answer?.
Solutions for When an inferior right accruing to a party in a contract merges into a superior right accruing to the same party, then :a)The contract conferring the superior right is dischargedb)The contract conferring the inferior right is dischargedc)Both contracts are not dischargedd)Both contracts are dischargedCorrect answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CA Foundation.
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When an inferior right accruing to a party in a contract merges into a superior right accruing to the same party, then :a)The contract conferring the superior right is dischargedb)The contract conferring the inferior right is dischargedc)Both contracts are not dischargedd)Both contracts are dischargedCorrect answer is option 'B'. Can you explain this answer?, a detailed solution for When an inferior right accruing to a party in a contract merges into a superior right accruing to the same party, then :a)The contract conferring the superior right is dischargedb)The contract conferring the inferior right is dischargedc)Both contracts are not dischargedd)Both contracts are dischargedCorrect answer is option 'B'. Can you explain this answer? has been provided alongside types of When an inferior right accruing to a party in a contract merges into a superior right accruing to the same party, then :a)The contract conferring the superior right is dischargedb)The contract conferring the inferior right is dischargedc)Both contracts are not dischargedd)Both contracts are dischargedCorrect answer is option 'B'. Can you explain this answer? theory, EduRev gives you an
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