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Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.
Principle: Where one of the parties to a contract is in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who is in a position to dominate the decision of the other party.
Facts: A businessman asked an engineer that he would make a payment of Rs. 2,50,000 for repair of machinery. The engineer received an amount of Rs. 1,25,000 and the businessman promised to pay the remaining amount after the repair. After maintenance, the businessman was satisfied with his work. The engineer demanded the remaining amount from the businessman, but he refused to pay.
Decide.
- a)The contract is enforceable against the engineer.
- b)The contract is not enforceable as the businessman was in dominating position.
- c)The contract is enforceable against the businessman by the engineer.
- d)The contract is not enforceable without the consent of the engineer.
Correct answer is option 'C'. Can you explain this answer?
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Directions: The question consists of two statements, one labelled as ...
Understanding the Principle
The principle states that when one party in a contract can dominate the decision-making of the other, the enforceability of the contract leans towards the dominated party's option. This is crucial in evaluating whether the contract remains valid or not.
Analysis of the Facts
1. Contract Overview:
- A businessman and an engineer enter into a contract for machinery repair, with a total payment of Rs. 2,50,000.
- The engineer has already received Rs. 1,25,000, and the balance is pending.
2. Performance and Satisfaction:
- The engineer completes the repair, and the businessman expresses satisfaction with the work done.
3. Demand and Refusal:
- Post-repair, the engineer demands the remaining amount, but the businessman refuses to pay.
Application of the Principle
- In this scenario, the businessman, being in a position of financial leverage, might try to dominate the decision regarding the payment.
- However, since the engineer has fulfilled his contractual obligations and the businessman is satisfied, the engineer has the right to enforce the contract for the remaining payment.
Conclusion
- The contract is enforceable against the businessman by the engineer because:
- The engineer has performed the service as agreed.
- The businessman’s refusal to pay, despite the engineer's fulfillment of the contract, highlights his dominant position but does not negate the engineer's right to claim the payment.
Thus, the correct option is C: The contract is enforceable against the businessman by the engineer.
The principle states that when one party in a contract can dominate the decision-making of the other, the enforceability of the contract leans towards the dominated party's option. This is crucial in evaluating whether the contract remains valid or not.
Analysis of the Facts
1. Contract Overview:
- A businessman and an engineer enter into a contract for machinery repair, with a total payment of Rs. 2,50,000.
- The engineer has already received Rs. 1,25,000, and the balance is pending.
2. Performance and Satisfaction:
- The engineer completes the repair, and the businessman expresses satisfaction with the work done.
3. Demand and Refusal:
- Post-repair, the engineer demands the remaining amount, but the businessman refuses to pay.
Application of the Principle
- In this scenario, the businessman, being in a position of financial leverage, might try to dominate the decision regarding the payment.
- However, since the engineer has fulfilled his contractual obligations and the businessman is satisfied, the engineer has the right to enforce the contract for the remaining payment.
Conclusion
- The contract is enforceable against the businessman by the engineer because:
- The engineer has performed the service as agreed.
- The businessman’s refusal to pay, despite the engineer's fulfillment of the contract, highlights his dominant position but does not negate the engineer's right to claim the payment.
Thus, the correct option is C: The contract is enforceable against the businessman by the engineer.
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Community Answer
Directions: The question consists of two statements, one labelled as ...
The contract is enforceable against the businessman by the engineer because he first promised and then refused later to pay the remaining amount; and where one of the parties to a contract is in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who is in a position to dominate the decision of the other party.
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Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Where one of the parties to a contract is in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who is in a position to dominate the decision of the other party.Facts: A businessman asked an engineer that he would make a payment of Rs. 2,50,000 for repair of machinery. The engineer received an amount of Rs. 1,25,000 and the businessman promised to pay the remaining amount after the repair. After maintenance, the businessman was satisfied with his work. The engineer demanded the remaining amount from the businessman, but he refused to pay.Decide.a)The contract is enforceable against the engineer.b)The contract is not enforceable as the businessman was in dominating position.c)The contract is enforceable against the businessman by the engineer.d)The contract is not enforceable without the consent of the engineer.Correct answer is option 'C'. Can you explain this answer?
Question Description
Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Where one of the parties to a contract is in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who is in a position to dominate the decision of the other party.Facts: A businessman asked an engineer that he would make a payment of Rs. 2,50,000 for repair of machinery. The engineer received an amount of Rs. 1,25,000 and the businessman promised to pay the remaining amount after the repair. After maintenance, the businessman was satisfied with his work. The engineer demanded the remaining amount from the businessman, but he refused to pay.Decide.a)The contract is enforceable against the engineer.b)The contract is not enforceable as the businessman was in dominating position.c)The contract is enforceable against the businessman by the engineer.d)The contract is not enforceable without the consent of the engineer.Correct answer is option 'C'. 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 Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Where one of the parties to a contract is in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who is in a position to dominate the decision of the other party.Facts: A businessman asked an engineer that he would make a payment of Rs. 2,50,000 for repair of machinery. The engineer received an amount of Rs. 1,25,000 and the businessman promised to pay the remaining amount after the repair. After maintenance, the businessman was satisfied with his work. The engineer demanded the remaining amount from the businessman, but he refused to pay.Decide.a)The contract is enforceable against the engineer.b)The contract is not enforceable as the businessman was in dominating position.c)The contract is enforceable against the businessman by the engineer.d)The contract is not enforceable without the consent of the engineer.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Where one of the parties to a contract is in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who is in a position to dominate the decision of the other party.Facts: A businessman asked an engineer that he would make a payment of Rs. 2,50,000 for repair of machinery. The engineer received an amount of Rs. 1,25,000 and the businessman promised to pay the remaining amount after the repair. After maintenance, the businessman was satisfied with his work. The engineer demanded the remaining amount from the businessman, but he refused to pay.Decide.a)The contract is enforceable against the engineer.b)The contract is not enforceable as the businessman was in dominating position.c)The contract is enforceable against the businessman by the engineer.d)The contract is not enforceable without the consent of the engineer.Correct answer is option 'C'. Can you explain this answer?.
Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Where one of the parties to a contract is in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who is in a position to dominate the decision of the other party.Facts: A businessman asked an engineer that he would make a payment of Rs. 2,50,000 for repair of machinery. The engineer received an amount of Rs. 1,25,000 and the businessman promised to pay the remaining amount after the repair. After maintenance, the businessman was satisfied with his work. The engineer demanded the remaining amount from the businessman, but he refused to pay.Decide.a)The contract is enforceable against the engineer.b)The contract is not enforceable as the businessman was in dominating position.c)The contract is enforceable against the businessman by the engineer.d)The contract is not enforceable without the consent of the engineer.Correct answer is option 'C'. 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 Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Where one of the parties to a contract is in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who is in a position to dominate the decision of the other party.Facts: A businessman asked an engineer that he would make a payment of Rs. 2,50,000 for repair of machinery. The engineer received an amount of Rs. 1,25,000 and the businessman promised to pay the remaining amount after the repair. After maintenance, the businessman was satisfied with his work. The engineer demanded the remaining amount from the businessman, but he refused to pay.Decide.a)The contract is enforceable against the engineer.b)The contract is not enforceable as the businessman was in dominating position.c)The contract is enforceable against the businessman by the engineer.d)The contract is not enforceable without the consent of the engineer.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Where one of the parties to a contract is in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who is in a position to dominate the decision of the other party.Facts: A businessman asked an engineer that he would make a payment of Rs. 2,50,000 for repair of machinery. The engineer received an amount of Rs. 1,25,000 and the businessman promised to pay the remaining amount after the repair. After maintenance, the businessman was satisfied with his work. The engineer demanded the remaining amount from the businessman, but he refused to pay.Decide.a)The contract is enforceable against the engineer.b)The contract is not enforceable as the businessman was in dominating position.c)The contract is enforceable against the businessman by the engineer.d)The contract is not enforceable without the consent of the engineer.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Where one of the parties to a contract is in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who is in a position to dominate the decision of the other party.Facts: A businessman asked an engineer that he would make a payment of Rs. 2,50,000 for repair of machinery. The engineer received an amount of Rs. 1,25,000 and the businessman promised to pay the remaining amount after the repair. After maintenance, the businessman was satisfied with his work. The engineer demanded the remaining amount from the businessman, but he refused to pay.Decide.a)The contract is enforceable against the engineer.b)The contract is not enforceable as the businessman was in dominating position.c)The contract is enforceable against the businessman by the engineer.d)The contract is not enforceable without the consent of the engineer.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT.
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Here you can find the meaning of Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Where one of the parties to a contract is in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who is in a position to dominate the decision of the other party.Facts: A businessman asked an engineer that he would make a payment of Rs. 2,50,000 for repair of machinery. The engineer received an amount of Rs. 1,25,000 and the businessman promised to pay the remaining amount after the repair. After maintenance, the businessman was satisfied with his work. The engineer demanded the remaining amount from the businessman, but he refused to pay.Decide.a)The contract is enforceable against the engineer.b)The contract is not enforceable as the businessman was in dominating position.c)The contract is enforceable against the businessman by the engineer.d)The contract is not enforceable without the consent of the engineer.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Where one of the parties to a contract is in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who is in a position to dominate the decision of the other party.Facts: A businessman asked an engineer that he would make a payment of Rs. 2,50,000 for repair of machinery. The engineer received an amount of Rs. 1,25,000 and the businessman promised to pay the remaining amount after the repair. After maintenance, the businessman was satisfied with his work. The engineer demanded the remaining amount from the businessman, but he refused to pay.Decide.a)The contract is enforceable against the engineer.b)The contract is not enforceable as the businessman was in dominating position.c)The contract is enforceable against the businessman by the engineer.d)The contract is not enforceable without the consent of the engineer.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Where one of the parties to a contract is in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who is in a position to dominate the decision of the other party.Facts: A businessman asked an engineer that he would make a payment of Rs. 2,50,000 for repair of machinery. The engineer received an amount of Rs. 1,25,000 and the businessman promised to pay the remaining amount after the repair. After maintenance, the businessman was satisfied with his work. The engineer demanded the remaining amount from the businessman, but he refused to pay.Decide.a)The contract is enforceable against the engineer.b)The contract is not enforceable as the businessman was in dominating position.c)The contract is enforceable against the businessman by the engineer.d)The contract is not enforceable without the consent of the engineer.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Where one of the parties to a contract is in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who is in a position to dominate the decision of the other party.Facts: A businessman asked an engineer that he would make a payment of Rs. 2,50,000 for repair of machinery. The engineer received an amount of Rs. 1,25,000 and the businessman promised to pay the remaining amount after the repair. After maintenance, the businessman was satisfied with his work. The engineer demanded the remaining amount from the businessman, but he refused to pay.Decide.a)The contract is enforceable against the engineer.b)The contract is not enforceable as the businessman was in dominating position.c)The contract is enforceable against the businessman by the engineer.d)The contract is not enforceable without the consent of the engineer.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the Principle(s) and apply it/them to the given Facts carefully, and select the best option.Principle: Where one of the parties to a contract is in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who is in a position to dominate the decision of the other party.Facts: A businessman asked an engineer that he would make a payment of Rs. 2,50,000 for repair of machinery. The engineer received an amount of Rs. 1,25,000 and the businessman promised to pay the remaining amount after the repair. After maintenance, the businessman was satisfied with his work. The engineer demanded the remaining amount from the businessman, but he refused to pay.Decide.a)The contract is enforceable against the engineer.b)The contract is not enforceable as the businessman was in dominating position.c)The contract is enforceable against the businessman by the engineer.d)The contract is not enforceable without the consent of the engineer.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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