In case of anticipatory breach, the aggrieved party may treat the contract
Important Questions on Legal Aptitude
Principle: When, at the desire of one person, any other person has done or abstained from doing something, such act or abstinence or promise is called a consideration for the promise.
Facts: 'X' the uncle of 'Y', made a promise to pay him an amount of as reward if 'Y' quits smoking and drinking within one year. 'Y' quit smoking and drinking within six months.
Principle: An agreement without free consent can be enforced only at the option of the party whose consent was not free.
Facts: 'A' obtains the consent of 'B' to enter into an agreement by putting a gun on the head of B's girlfriend.
Principle: The sale of liquor is illegal. All agreements relating to prohibited items do not exist in the eyes of law.
Facts: 'A' entered into an agreement with 'B' for the sale of liquor. 'A' failed to supply the agreed quantity of liquor to 'B'.
Principle: Property consists of the right to possess, right to use, right to alienate and right to exclude others. Sale is complete when a property gets transferred from the seller to the buyer.
Facts 'A' sold his car to 'B'. 'B' requested 'A' to keep the car in his care on behalf of 'B' for one month. 'A' agreed.
Principle: Acceptance of the proposal must be the exact mirror image of the proposal.
Facts: 'A' made a proposal to 'B' to sell a chair for . 'B' is desirous of buying the said chair for .
Principle: A person, who is usually mad, but occasionally not mad, may make a contract when he is not mad.
Facts: 'A' generally remains in the state of madness and rarely becomes capable of understanding anything.
Principle: An agreement may be entered into orally, in writing, or by conduct.
Facts: 'A' went to the shop of 'B' and picked a toothbrush and gave a cheque of to 'B' and left the shop.
Principle: The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.
Facts: 'A' sent a letter making a proposal to 'B' to purchase the house of 'B'.
Principle: An agreement with a boy below the age of eighteen years is not enforceable by law.
Facts: A man entered into an agreement with a girl of seventeen years of age.
Principle: 'A' condition must be complied in order to claim the benefit of an agreement.
Facts 'A' agrees to transfer a farm to 'B'.If 'B' shall not go to England within three years after the date of the agreement, his interest in the farm shall cease. 'B' does not go to England within the term prescribed.
Principle Law never enforces an impossible promise.
Facts 'A' made a promise to 'B' to discover treasure by magic.
Principle When a party to a contract has refused to perform or disabled himself from performing, his promise in its entirety, the other party shall not put an end to the contract.
Facts 'A' engaged 'B' on April to enter his service on 1st June but on May 'A' wrote to 'B' that his services would not be needed. On May 'B' joined 'C' for employment.
Principle: Where one of the parties to a contract was in a position to dominate the decision of the other party, the contract is enforceable only at the option of the party who was in a position to dominate the decision of the other party.
Facts: 'A' doctor asked his patient to make a payment of (Ten Lakh Only) for treatment of his fever. The patient paid an amount of (Five Lakh Only) and promised to pay the remaining amount after the treatment. After treatment, the patient recovered from fever. The doctor demanded the remaining amount from the patient. The patient refused to pay.
Principle 'A' condition must be complied with after the happening of the event to which such a condition is attached.
Facts 'A' promises to pay to 'B' on the condition that he shall marry with the consent of 'C', 'D' and 'E'. 'B' marries without the consent of 'C', 'D' and 'E' but obtains their consent after the marriage.
Principle Mere silence as to facts likely to affect the decísion of a person to enter into a contract is not fraud.
Facts 'A' sells to 'B' (A's daughter who is a minor) a horse which 'A' knows to be unsound. 'A' says nothing to 'B' about the unsoundness of the horse.
Principle When a person who has made a promise to another person to do something does not fulfill his promise, another person becomes entitled to receive, from the person who did not fulfill his promise, compensation in the form of money.
Facts 'X' made a promise to ' Y to repair his car engine. 'Y' made the payment for repair. After the repair, 'Y' went for a drive in the same car. While driving the car, 'Y' met with an accident due to bursting of the tyre.
