1. PRINCIPLE: Acceptance must be communicated to the party to the contract.
FACTS: Kavya came across a beautiful Ganesha idol made of sandalwood in an exhibition. After returning home, she sent an e-mail to the organizers of the exhibition asking them whether they would sell the Ganesha idol and what would be the price for the same. The organizers, replied, “We would not sell for anything less than Rs.10,000.” Kavya wrote back saying “I accept”. In the meantime, the organizers sold the same idol, for ` Rs.12,000 to another person. Kavya demanded the idol or Rupees two thousand, that is, the extra money taken by the organizers.
(a) Kavya cannot succeed because mere statement of the lowest price at which the offeror would sell does not contain an implied promise to sell at that price.
(b) Kavya cannot succeed because she did not pay immediately for the Ganesha idol.
(c) Kavya can succeed because she was the first to inform the organisers of the purchase
(d) Kavya can succeed because the seller sold above the price offered first by her.
2. PRINCIPLE: When the parties to an agreement agree on the same thing in the same sense i.e., there is consensus ad idem there arises a legally binding obligation between them.
FACTS: Ganesh Gallery was a well known antique shop in the city. Shakuntala who had penchant for collecting articles of rare beauty, was taken in by an intricately designed flower vase in the shop. The shopkeeper explained to her that the vase belonged to the Vijaynagar Empire period and although very delicate, it was quite strong and not easily breakable. Shakuntala said that she was attracted to it only for the aesthetic pleasure it gave her and its other characteristics were immaterial to her and brought the piece. She later discovered that it was not a period piece and noticed that it was developing cracks as well. She proceeds against the proprietor of Ganesh Gallery for monetary relief.
(a) Ganesh Gallery must compensate Shakuntala, since both the characteristics attributed to the article were proved wrong.
(b) Ganesh Gallery need not compensate since Shakuntala was unconcerned about what was attributed to the article.
(c) The proprietor must compensate her for irresponsible statements made by him.
(d) Ganesh Gallery need not compensate since there was no consensus ad idem between the parties, and therefore, no contract.
The answers are: 1. (a); 2. (d)
Directions (Qs. 1-5): Select the related letters/word/number/figure from the given alternatives.
1. Rice bowl of India : Andhra Pradesh :: Manchester of India: ?
2. 36 : 144 : : ? : 2304
3. 11529 : 72135: 152943 :
4. Flow : River : : Stagnant : ?
5. BDAC : FHEG : : NPMO : ?
The answers are: 1. (c); 2. (a); 3. (c); 4. (c); 5. (d)
1. Statement: Should women be given equal opportunities in the matter of employment in every field?
I. Yes, they are equally capable.
II. No, they have to shoulder household responsibilities.
III. Yes, they should also go into the outside world.
(a) Only I is strong
(b) I and II are strong
(c) II and III are strong
(d) I and III are strong.
2. Statement: A sentence in the letter to the candidates called for written exams—‘You have to bear your expenses on travel, etc.’
I. If not clarified, all the candidates may claim reimbursement of expenses.
II. Many organisations reimburse expenses on travel from candidates called for written examination.
(a) Only Assumption I is implicit
(b) Only Assumption II is implicit
(c) Neither I nor II is implicit
(d) Both I and II are implicit.
The answers are: 1. (d); 2. (c)