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Civil Law Questions Based on Previous Papers

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Civil Law Questions Based on Previous Papers

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1. Legal Principle: A taxi driver plying on road is invitation to offer. Factual Situation: Mr A stops a taxi and steps in to it and asks the driver to take him to a certain destination. The driver refuses on the ground that the trip is very short and not profitable for him. Issue: What can Mr A do? Decision:

Mr A can force the driver to take him to the destination, as a contract comes into existence between Mr A and taxi driver as soon as A steps into the taxi.A cannot do anything.It is a contract voidable at the option of driver.

2. Legal Principle: Once the letter for offer and letter for acceptance are posted the contract is complete and the parties are bound and liable. Factual Situation: A makes an offer to B by a letter wherein he mentions that acceptance can be made by B posting a letter to
A. A gives the letter to his peon for posting the same but the peon instead of posting it immediately, posts it after 7 days. In the meantime, on not receiving any reply from B, A sells the goods to C. But B as soon as he receives A’s letter, gives his acceptance by posting a letter. Issue: What are the legal remedies available to B, if any? Decision:

Neither (a) nor (b).There is contract between A and B. But since A has already sold the goods, B can recover damages from A.There is no contract between A and B because the letter was posted after the goods were sold so B cannot sue for damages.

3. Legal Principle: A minor is not competent to enter into a contract and the law will assume that the contract never happened and everything is returned to as it was. Factual Situation: P rendered services to D during his minority at D’s request, which were continued after D ceased to be a minor. After attaining majority D promised to pay an annuity to P for the services rendered in the past. Issue: What is the nature of contract and whether P can recover the money? Decision:

It was not a valid contract because the contract with the minor is void ab initio.It was a good contract and P can recover the money.It is voidable contract at the option of minor.

4. Legal Principle:
1. The act of using influence on another and taking undue advantage of that person is called undue influence.
2. In order to prove undue influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract. Factual Situation: A, is an illiterate old man of about 90 yrs, physically infirm and mentally in distress. He made a gift of his entire property in favor of B, his nearest relative who was looking after him (A) and his business. Issue: Can A subsequently avoid the contract of gift? If so, on what ground? Decision:

No, A cannot avoid the contract of gift because the gift has been made voluntarily.Neither (a) nor (c)Yes, A can avoid the contract of gift on the plea of undue influence, Sec 16 (2).

5. Legal Principle: ‘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’. Factual Situation: An old lady Laxmi Rani gifted her property to her own daughter Ramayya, with the direction to pay a certain sum of money annually to Chinayya, her maternal uncle. On the same day, Ramayya executed an agreement with Chinayya agreeing to pay the amount annually. Later on, Ramayya refused to honor the agreement on the ground that there is no consideration. Chinayya sued for the recovery of the annuity. Issue: What is the nature of contract? Decision:

There was sufficient consideration, that is, the property was given to her by the sister of Chinayya so Ramayya was liable to pay.There is no contract.There was no agreement between Chinayya and Ramayya so Ramayya is not liable.

6. Legal Principle: Auction/Sale of goods is an invitation to offer; not an offer. Factual Situation: N advertised in the newspaper to effect sale of his goods on a particular day at a particular place. H traveled a long distance to bid for the things. On arrival, he found that the sale was cancelled. He sued N for breach of contract. Issue: Is N liable? Decision:

N is not liable because advertisement was merely expression of an intention and not an offer which could be accepted by traveling to the place of intended sale.It is voidable at the option of H.N is liable for all the expenses incurred by H for traveling such a long distance.

7. Legal Principle: A contract obtained by misrepresentation is voidable at the option of the buyer. Factual Situation: A company’s prospectus contained a representation that the company had been authorized by a special Act of Parliament to run trans by steam or mechanical power. The authority to use steam was, in fact, subject to the approval of the board of trade, but no mention was made of this. The board refused consent and consequently the company was wound up. The plaintiff having bought some shares, sued the directors for fraud. Issue: Are the directors liable? Decision:

They are liable because misrepresentation is there whether it is intentional or unintentional.They are not liable because whatever they stated in their prospectus was not at all intended to misrepresent anybody.The plaintiff is equally liable.

8. Legal Principle: Agreements purely social and domestic in nature are not enforceable at law. Factual Situation: A invites B to dinner. B accepts the invitation but does not turn up at the dinner. Issue: Can A sue B for the loss he has suffered? Decision:

No, A cannot sue B because the agreement was purely social in nature and there was no intention to create legal relationship.It is a contract voidable at the option of A. it will be option available to A to sue B or not to sue B.A can sue because once A has offered and B has accepted, then B is legally bound, if he doesn’t turn up it amounts to breach of contract.

9. Legal Principle: 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. Factual Situation: A and B are friends. B treats A during A’s illness. B does not accept payment from A for the treatment and A promises B’s son X to pay him 1,000. A being in poor circumstances in unable to pay. X sues A for the money. Issue: Can X recover? Decision:

Yes, X can recover as his father B has already performed the conditions of contract for which the payment is to be made.X cannot recover amount from A because there is no agreement between X and A, because there is no consideration. Hence no consideration, no contract.Neither (a) nor (c).

10. Legal Principle: 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. Factual Situation: When A is out of station on holiday, a storm damages the roof his house. B his neighbor and friend carries out the necessary repairs. On coming back, A promises to pay to B 10,000 for the expenses incurred and time spent. Issue: Can B recover the amount if A does not pay it later on? Decision:

It will be the discretion of the court.Yes, B can recover the amount from A as per conditions being fulfilled of Sec 25 (2).B cannot recover because there is no valid contract.

11. Legal Principle: Where both parties to an agreement are under a mistake as to matter of fact essential to the agreement, the agreement is void. Factual Situation: A agrees to buy certain horse from B for 10,000 and pays 5,000 as advances. It turns out that the horse was dead at the time of bargain, though neither party knew this fact. Issue: Can A recover the advance money given? Decision:

Yes, A can get the money paid in advance because in this case there is bilateral mistake as to the subject matter.A cannot get the money back because the rule of caveat emptor applies on him.No, A cannot get the money back because money advanced is not returnable.

12. Factual Situation: Two firms entered into a written contract for the sale and purchase of tissue paper. The agreement contained a clause to the effect that ‘this agreement is not entered into, nor is this memorandum written, as a formal or a legal document, and shall not be subject to legal jurisdiction in the law courts’. Since the goods were not delivered, the buyers brought an action for non-delivery. Issue: Are the sellers liable? Decision:

The seller are not liable as there was no contract as the parties never intended to create legal relationship because they had clearly mentioned that their agreement is not a legal document nor a memorandum nor subject to the jurisdiction of law courts.The firms may make mutual adjudication.The sellers are liable as they had entered into a written agreement.

13. Legal Principle: The act of using influence on another and taking undue advantage of that person is called undue influence. Factual Situation: A solicitor sold certain property to one of his clients. The client subsequently alleged that the property was considerably overvalued and his consent was obtained by undue influence. Issue: Is it a case of imposing undue influence and what is the nature of contract? Decision:

It is a valid contract because it cannot be presumed that such a learned solicitor can resort to any illegal means.The contract is not valid since the relationship of solicitor and client is of fiduciary nature, the existence of undue influence can be presumed to exist and the client will be entitled to the recovery of property.It will be the discretion of the court to decide on the basis of available evidence and circumstances.

14. Legal Principle: A contract procured by coercion is bad under Indian Contract Act. Coercion is defined as committing or threatening to commit any act forbidden by Indian Penal Code. Attempt to commit suicide is an offence under Indian Penal Code. Factual Situation: By threat of suicide, a Hindu induced his wife and son to execute a release in favor of his brother in respect of certain properties which they claimed as their own. Issue: Is the deed valid? Decision:

The threat of suicide amounted to coercion within Section 15 and the release dead was voidable.The deed is valid and can be executed.Neither (a) nor (b).

15. Legal Principle: A contract requires a proposal and an acceptance of the proposal. It is necessary to make a binding contract, not only that the proposal be accepted, but also that the acceptance is notified to the proposer. Factual Situation: X gives to Y 300 to be given to Z. Y informs Z that he is holding the money for him. But afterwards Y refuses to pay the money. Z sues Y for the money. Y contends that Z cannot sue as he was not a party to the contract. Issue: Will the contention of Y be upheld? Decision:

Neither (a) nor (b).Y’s contention will be upheld because he was not party to the contract.Y’s contention will not be upheld because X has created privity of contract by his conduct.

16. Legal Principle: An agreement, the meaning of which is not certain, or capable of being made certain, is void. Factual Situation: A purchased a horse from B and promised that if the horse was lucky to him, he would give 50 more or he would purchase another horse. Issue: Is there a valid contract between A and B? Decision:

Yes, there is a valid contract and B will be liable if the horse didn’t prove lucky.There is no valid contract as the terms of contract are so vague and loose.It is voidable contract at the option of A.

17. Legal Principle: The acceptance of the offer will be valid only and only if it is accepted in the way it had been made to be. Factual Situation: An offer was made in the following terms. ‘I intend to sell my house for 1,000. If you are willing to have it, write to F at his address’. Instead of writing to F, the purchaser sent an agent to F and agreed to the purchase. Issue: What is the nature of contract and liability of the seller? Decision:

It is a contract void ab initio.It is a valid contract because the purchaser has communicated his acceptance in person.It is not a valid contract because seller had clearly written that if the offer is acceptable then the acceptance should be communicated through writing.

18. Factual Situation: Mr Mukesh invites Mr Vijay to a dinner at a hotel. Mr Vijay accepts the invitation. It is purely a social agreement. Mr Vijay fails to arrive at the dinner and finds out that Mr Mukesh has to go out and is not available at his place at the dinner time due to some important work. Issue: Is Mr Vijay liable for the non-performance of contract with Mr Mukesh. Decision:

Mr Vijay’s liable because he has not performed the contract.Mr Vijay is not liable because there was no contract; it was just a social agreement.It will be the discretion of the court.

19. Legal Principle: A contract requires a proposal and an acceptance of the proposal. It is necessary to make a binding contract, not only that the proposal be accepted, but also that the acceptance is notified to the proposer. Factual Situation: Harvey sent a telegram to Facey stating ‘Will you sell us the estate of Bumber Hall Pen for £900’ Harvey sent another telegram to fancy stating ‘We agree to buy Bumper Hall Pen for a sum of £900 asked by you. Please send us your title deeds in order that we may get early of possession’. But Facie did not send any reply to the last telegram sent by Harvey. Hence Harvey filed a case against Facie claiming Bumber Hall Pen estate. Issue: Is there valid contract between Harvey and Facie? Decision:

There is not valid contract because there is no acceptance of the offer.It is voidable contract at the option of Harvey because Harvey had made repeated offers.Yes there is a valid contract because Harvey made an offer for three times and Facie didn’t respond which amounts to his acceptance.

20. Legal Principle: ‘An auction/bid is an invitation to offer not an offer. It does not bind the auctioneer.’ Factual Situation: A, an auctioneer gives advertisement in the newspaper wherein he mentions that certain furniture would be sold at Jaipur on a certain day. Mr B. a propective buyer of Delhi, on reading the advertisement reaches Jaipur on the fixed date. But the auctioneer cancels the auction sale. Issue: Can B sue A, for not conducting the auction sale and can he claim damages for loss of his time and expenses? Decision:

Neither (a) nor (b).Yes, he can because once the auctioneer gave an advertisement and B read it, the contract is complete.No, because advertisement was only an invitation to offer and not an offer.

21. Legal Principle: A counter offer doesn’t give rise to contractual binding. Factual Situation: A offered to sell a farm for £1,000, X said he would give £950. A refused and X then said he would give £1,000, and when A declined to adhere to his original offer tried to obtain specific performance. Issue: Is there a valid contract between A and X? Decision:

There is a valid contract and A is liable for specific performance.It is voidable contract at the option of X.There is not valid contract as X’s offer to pay £950 is a refusal of the offer and a counteroffer.

22. Legal Principle: The object of an agreement is lawful unless it is forbidden by law; is of such a nature that, if permitted, it would defeat the provisions of any law; is fraudulent; involves or implies injury to the person or property of another person; the court regards it as immoral; it is opposed to public policy. Factual Situation: A asks an editor of a newspaper to publish a defamatory article against B and promises to pay 4,000 for the work. Issue: Can the editor sue A? Decision:

The agreement is void as it involves injury to the person B and therefore, a suit cannot be brought to recover 4,000 by the editor.The agreement is valid and the editor can sue A for the recovery of 4,000.B can sue both A and the editor.

23. Legal Principle: The act of using influence on another and taking undue advantage of that person is called undue influence. Factual Situation: An arrangement was made between the fathers of a groom and a bride before their marriage that each would pay a certain sum of money to the husband. Father of the boy paid the promised amount but his wife’s father failed to pay the amount. The boy sued his father-in-law for the recovery of the promised amount of money. Issue: Whether the boy can recover the money. Decision:

Neither (a) nor (b)He cannot recover the amount, because no stranger to the consideration can take advantage of a contract made even for his benefit.He can recover because they had entered into a contract before the marriage.

24. Legal Principle:
1. The act of using influence on another and taking undue advantage of that person is called undue influence.
2. In order to prove undue influence, there has to be a pre-existing relationship between the parties to a contract. The relationship has to be of such a nature that one is in a position to influence the other. If it is proven that there has been undue influence, the party who has been so influenced need not enforce the contract or perform his obligations under the contract. Factual Situation: After a Vakil had accepted the case and the signed the Vakalatnama, the client says. ‘If you do your utmost to win the case, I will give you 1000 more’. The case is won. Issue: Can the Vakil claim 1,000? Decision:

Yes, Vakil can claim.Vakil cannot claim.It will be the discretion of the court to decide.

25. Legal Principle: A contract obtained by misrepresentation is voidable at the option of the buyer. Factual Situation: X falsely representing herself as the wife of a well-known millionaire and takes a ring from a jewelers shop for the approval of her husband. She pledges it with a pawn broker, who is in good faith and without notice of the first transaction pays her 10,000. Issue: Can the jeweler recover his ring? Decision:

The jeweler could recover the ring from the pawn broker as there was no contract between the jeweler and the lady.The jeweler can sue the lady.The jeweler could not recover the ring from the pawn broker

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❤ If you liked Fatskills, consider supporting us by checking out The Life Manuals You Never Got.

About | Explore | User Guide | Topics | Subjects | Doubt Solver | Career Aptitude Test | Answers | Free Tools | What Should We Know? Privacy | Terms |

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All trademarks, logos and brand names are the property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, trademarks and brands does not imply endorsement.

About | Explore | User Guide | Topics | Subjects | Doubt Solver | Career Aptitude Test | Answers | Free Tools | What Should We Know?
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Without work one finishes nothing. - Ralph Waldo Emerson
© 2026 Fatskills.com