Principle: An agreement may be entered into orally or in writing, or b...
In the above case , there's an agreement as the price is paid for the item he purchased whether it's cash or cheque . The main element for an agreement is consideration , which is present in this case for the parties as the toothbrush for one party and cheque for another party . The practical consequence of integration is that its scattered parts , in their former and inchoate shape .
Principle: An agreement may be entered into orally or in writing, or b...
Understanding the Agreement between A and B
In the scenario provided, it is essential to recognize that an agreement can be formed through various means, including oral communication, written contracts, or even through conduct.
Key Elements of the Agreement
- A's Action: A entered B's shop, selected a toothbrush, and presented a cheque for payment. This action signifies A's intention to purchase the toothbrush.
- B's Acceptance: By accepting the cheque, B implicitly agreed to sell the toothbrush to A. Acceptance does not necessarily require a verbal confirmation; it can be inferred from actions.
Legal Validity of Payment Methods
- Cheque as Payment: The use of a cheque is a legally recognized method of payment in many jurisdictions. It demonstrates A's intention to pay for the toothbrush.
- Not Limited to Cash: The assertion that A should have used cash (currency note) to make the payment is misleading. Payment methods can vary, and a cheque is valid unless stated otherwise by the seller.
Conclusion: Existence of Agreement
- Mutual Consent: Both parties displayed mutual consent through their actions. A intended to purchase, and B accepted the payment method proposed by A.
- Final Determination: Therefore, despite the method of payment, there was indeed an agreement between A and B regarding the sale of the toothbrush.
In conclusion, the correct option is 'D', indicating that an agreement existed between A and B based on their conduct and acceptance of the payment method.