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Principle: An agreement is enforceable at law if parties who have attained majority and are competent to contract enter into it with free consent, for consideration. And the contract is not contrary to law and against public policy.
Facts: A, a boy of 16 years entered into an agreement to sell his flat at Bandra for a sum of Rs. 5 lakhs. A's father is very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.
  • a)
    the buyer will obtain relief because A freely entered into the contract
  • b)
    the buyer will obtain relief because the agreement is with consideration
  • c)
    the buyer will not succeed because A's father does not approve of the contract
  • d)
    the buyer will not succeed because A is below 18 years of age
Correct answer is option 'D'. Can you explain this answer?
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Principle: An agreement is enforceable at law if parties who have att...
The Indian Contract Act of 1872 clearly lays down any contract entered into by a minor i.e below 18 years of age, is a void agreement and hence cannot be enforced.
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Directions: Questions 21-24 are based on a common set of Principles and Facts. Answer accordingly.Principle 1 – An offer is made when one person signifies to another, his willingness to do or not do something, with a view to obtaining that person‘s assent.Principle 2 – When the person to whom the offer is made signifies his assent thereto, the offer is said to be accepted.Principle 3 - When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing something, such act or abstinence or promise is called a consideration for the promise.Principle 4 – An agreement without consideration is not enforceable under law.Principle 5 – Parties to a contract must agree upon the same thing in the same sense.Principle 6 – Parties competent to contract must be major, and of sound mind.Facts – Sonia is a gardener in the mansion of Mr. Kapoor. Mr. Kapoor is extremely fond of his pet dog, Cooper. One day, Kapoor realizes that Cooper is missing from his kennel. He is frantic with worry, and sends Sonia on a quest for the dog. Sonia sets out, pastes notices in public places and enquires about the dog. She has been instructed to return only if she finds the dog. In the meantime, Kapoor announces in the popular newspaper, The Statesman, that Cooperis missing, and that anybody who finds the Labrador and brings him back would be awarded a sum of Rs. 10,000. The next day, Kaza brings a brown Labrador with him and claims the reward. Mr. Kapoor immediately realizes that the dog is not Cooper, and refuses to pay the sum. Kaza asserts that the dog is named Cooper, is a brown Labrador resembling the picture in the newspaper, and since he has accepted the offer by bringing the dog, there is a valid contract formed, and Kapoor is bound to pay the consideration of Rs. 10,000. Three days later, Sonia manages to find Cooper in a nearby park, and brings him back home. Kapoor is overjoyed, and raises Sonia‘s salary from Rs. 12,000 per month to Rs. 20,000. Sonia then discovers the notice in the newspaper, goes to Kapoor, and claims the reward. Kapoor refuses to pay, as he as already given her an increment in salary.Q.Does Kaza‘s argument stand? Has there been a valid contract formed between Kazaand and Kapoor?

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 1872, which deals with the contract of guarantee, has defined it as a contract to perform the promise, or discharge the liability of a third person in case of his defaults. Contracts of guarantees may be classified into two types: specific guarantee and continuing guarantee. When a guarantee is given in respect of a single debt or specific transaction and is to come to an end when the guaranteed debt is paid or the promise is duly performed, it is called a specific or simple guarantee. However, a guarantee which extends to a series of transactions is called a continuing guarantee. The suretys liability, in this case, would continue till all the transactions are completed or till the guarantor revokes the guarantee as to the future transactions.A continuing guarantee is defined under Section 129 of the Indian Contract Act, 1872. A continuing guarantee is a type of guarantee which applies to a series of transactions. It applies to all the transactions entered into by the principal debtor until it is revoked by the surety. Therefore, bankers always prefer to have a continuing guarantee so that the guarantors liability is not limited to the original advances and would also extend to all subsequent debts.The most important feature of a continuing guarantee is that it applies to a series of separable, distinct transactions. Therefore, when a guarantee is given for an entire consideration, it cannot be termed as a continuing guarantee.So far as a guarantee given for an existing debt is concerned, it cannot be revoked, as once an offer is accepted it becomes final. However, a continuing guarantee can be revoked for future transactions. In that case, the surety shall be liable for those transactions which have already taken place.After making a payment and discharging the liability of the principal debtor, the surety gets various rights. These rights can be studied under three heads:Rights against the principal debtors: In every contract of guarantee, there is an implied promise by the principal debtor to indemnify the surety, and the surety is entitled to recover from the principal debtor whatever sum he has rightfully paid under the guarantee. This is because the surety has suffered a loss due to the non-fulfilment of promise by the principal debtor and therefore the surety has a right to be compensated by the debtorOn the default of payment by the principal debtor, when the surety pays off the debt of the principal debtor he becomes entitled to claim all the securities which were given by the principal debtor to the creditor. The surety has the right to all securities whether received before or after the creation of the guarantee and it is also immaterial whether the surety has knowledge of those securities or not.Q.Zavi, in consideration that Yuvi will employ Xya in collecting the rents of Yuvis zamindari, promises Yuvi to be responsible to the amount of Rs. 50,000, for the due collection and payment by Xya of those rents.

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 1872, which deals with the contract of guarantee, has defined it as a contract to perform the promise, or discharge the liability of a third person in case of his defaults. Contracts of guarantees may be classified into two types: specific guarantee and continuing guarantee. When a guarantee is given in respect of a single debt or specific transaction and is to come to an end when the guaranteed debt is paid or the promise is duly performed, it is called a specific or simple guarantee. However, a guarantee which extends to a series of transactions is called a continuing guarantee. The suretys liability, in this case, would continue till all the transactions are completed or till the guarantor revokes the guarantee as to the future transactions.A continuing guarantee is defined under Section 129 of the Indian Contract Act, 1872. A continuing guarantee is a type of guarantee which applies to a series of transactions. It applies to all the transactions entered into by the principal debtor until it is revoked by the surety. Therefore, bankers always prefer to have a continuing guarantee so that the guarantors liability is not limited to the original advances and would also extend to all subsequent debts.The most important feature of a continuing guarantee is that it applies to a series of separable, distinct transactions. Therefore, when a guarantee is given for an entire consideration, it cannot be termed as a continuing guarantee.So far as a guarantee given for an existing debt is concerned, it cannot be revoked, as once an offer is accepted it becomes final. However, a continuing guarantee can be revoked for future transactions. In that case, the surety shall be liable for those transactions which have already taken place.After making a payment and discharging the liability of the principal debtor, the surety gets various rights. These rights can be studied under three heads:Rights against the principal debtors: In every contract of guarantee, there is an implied promise by the principal debtor to indemnify the surety, and the surety is entitled to recover from the principal debtor whatever sum he has rightfully paid under the guarantee. This is because the surety has suffered a loss due to the non-fulfilment of promise by the principal debtor and therefore the surety has a right to be compensated by the debtorOn the default of payment by the principal debtor, when the surety pays off the debt of the principal debtor he becomes entitled to claim all the securities which were given by the principal debtor to the creditor. The surety has the right to all securities whether received before or after the creation of the guarantee and it is also immaterial whether the surety has knowledge of those securities or not.Q.Ashna is a bookseller who supplies a set of books to Parag, under the contract that if Parag does not pay for the books, his friend Riya would make the payment.

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.

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Principle: An agreement is enforceable at law if parties who have attained majority and are competent to contract enter into it with free consent, for consideration. And the contract is not contrary to law and against public policy.Facts: A, a boy of 16 years entered into an agreement to sell his flat at Bandra for a sum of Rs. 5 lakhs. A's father is very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)the buyer will obtain relief because A freely entered into the contractb)the buyer will obtain relief because the agreement is with considerationc)the buyer will not succeed because A's father does not approve of the contractd)the buyer will not succeed because A is below 18 years of ageCorrect answer is option 'D'. Can you explain this answer?
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Principle: An agreement is enforceable at law if parties who have attained majority and are competent to contract enter into it with free consent, for consideration. And the contract is not contrary to law and against public policy.Facts: A, a boy of 16 years entered into an agreement to sell his flat at Bandra for a sum of Rs. 5 lakhs. A's father is very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)the buyer will obtain relief because A freely entered into the contractb)the buyer will obtain relief because the agreement is with considerationc)the buyer will not succeed because A's father does not approve of the contractd)the buyer will not succeed because A is below 18 years of ageCorrect answer is option 'D'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle: An agreement is enforceable at law if parties who have attained majority and are competent to contract enter into it with free consent, for consideration. And the contract is not contrary to law and against public policy.Facts: A, a boy of 16 years entered into an agreement to sell his flat at Bandra for a sum of Rs. 5 lakhs. A's father is very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)the buyer will obtain relief because A freely entered into the contractb)the buyer will obtain relief because the agreement is with considerationc)the buyer will not succeed because A's father does not approve of the contractd)the buyer will not succeed because A is below 18 years of ageCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: An agreement is enforceable at law if parties who have attained majority and are competent to contract enter into it with free consent, for consideration. And the contract is not contrary to law and against public policy.Facts: A, a boy of 16 years entered into an agreement to sell his flat at Bandra for a sum of Rs. 5 lakhs. A's father is very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)the buyer will obtain relief because A freely entered into the contractb)the buyer will obtain relief because the agreement is with considerationc)the buyer will not succeed because A's father does not approve of the contractd)the buyer will not succeed because A is below 18 years of ageCorrect answer is option 'D'. Can you explain this answer?.
Solutions for Principle: An agreement is enforceable at law if parties who have attained majority and are competent to contract enter into it with free consent, for consideration. And the contract is not contrary to law and against public policy.Facts: A, a boy of 16 years entered into an agreement to sell his flat at Bandra for a sum of Rs. 5 lakhs. A's father is very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)the buyer will obtain relief because A freely entered into the contractb)the buyer will obtain relief because the agreement is with considerationc)the buyer will not succeed because A's father does not approve of the contractd)the buyer will not succeed because A is below 18 years of ageCorrect answer is option 'D'. 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 Principle: An agreement is enforceable at law if parties who have attained majority and are competent to contract enter into it with free consent, for consideration. And the contract is not contrary to law and against public policy.Facts: A, a boy of 16 years entered into an agreement to sell his flat at Bandra for a sum of Rs. 5 lakhs. A's father is very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)the buyer will obtain relief because A freely entered into the contractb)the buyer will obtain relief because the agreement is with considerationc)the buyer will not succeed because A's father does not approve of the contractd)the buyer will not succeed because A is below 18 years of ageCorrect answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle: An agreement is enforceable at law if parties who have attained majority and are competent to contract enter into it with free consent, for consideration. And the contract is not contrary to law and against public policy.Facts: A, a boy of 16 years entered into an agreement to sell his flat at Bandra for a sum of Rs. 5 lakhs. A's father is very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)the buyer will obtain relief because A freely entered into the contractb)the buyer will obtain relief because the agreement is with considerationc)the buyer will not succeed because A's father does not approve of the contractd)the buyer will not succeed because A is below 18 years of ageCorrect answer is option 'D'. Can you explain this answer?, a detailed solution for Principle: An agreement is enforceable at law if parties who have attained majority and are competent to contract enter into it with free consent, for consideration. And the contract is not contrary to law and against public policy.Facts: A, a boy of 16 years entered into an agreement to sell his flat at Bandra for a sum of Rs. 5 lakhs. A's father is very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)the buyer will obtain relief because A freely entered into the contractb)the buyer will obtain relief because the agreement is with considerationc)the buyer will not succeed because A's father does not approve of the contractd)the buyer will not succeed because A is below 18 years of ageCorrect answer is option 'D'. Can you explain this answer? has been provided alongside types of Principle: An agreement is enforceable at law if parties who have attained majority and are competent to contract enter into it with free consent, for consideration. And the contract is not contrary to law and against public policy.Facts: A, a boy of 16 years entered into an agreement to sell his flat at Bandra for a sum of Rs. 5 lakhs. A's father is very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)the buyer will obtain relief because A freely entered into the contractb)the buyer will obtain relief because the agreement is with considerationc)the buyer will not succeed because A's father does not approve of the contractd)the buyer will not succeed because A is below 18 years of ageCorrect answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle: An agreement is enforceable at law if parties who have attained majority and are competent to contract enter into it with free consent, for consideration. And the contract is not contrary to law and against public policy.Facts: A, a boy of 16 years entered into an agreement to sell his flat at Bandra for a sum of Rs. 5 lakhs. A's father is very annoyed with A at the transaction and does not allow delivery. The buyer files a suit for a specific performance.a)the buyer will obtain relief because A freely entered into the contractb)the buyer will obtain relief because the agreement is with considerationc)the buyer will not succeed because A's father does not approve of the contractd)the buyer will not succeed because A is below 18 years of ageCorrect answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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