Question 1 OR (a)
True or false: quasi contracts; wagering agreements; free consent
9 marks
- Time to write
- About 18 minutes
From an older CBCS paper
Question
Question 1 OR (a) · 9 marksGiving brief reasons, State whether each statement below is True or False:
Quasi contracts are contracts that are illegal.
Wagering agreements are void ab initio.
When it is not caused by coercion or undue influence only, consent is free.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- State whether…A verdict for each (True or False), then the reason that decides it.
Write it in this order
The parts stand alone: start with the one you are surest of.
- Read each statement; find the word that decides it 1 min
- 1 (i) Quasi contracts 3 marks 5 min
- 2 (ii) Wagering agreements 3 marks 5 min
- 3 (iii) Free consent (section 14) 3 marks 5 min
- Check: a verdict and a reason for every statement 2 min
Short on time? A few lines on every part beat a full answer to one: each part is capped at its own marks.
Try it first. About 18 minutes for 9 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
(i)False Quasi contracts are obligations the Contract Act creates without a contract: there is no offer, no acceptance and in fact neither agreement nor promise, yet the law imposes an obligation on one party and confers a right on the other. They are not contracts at all, and certainly not illegal ones; they are imposed by law to prevent unjust enrichment.
(ii)True A wagering agreement, a promise to pay money on the happening or non-happening of an uncertain event, is void and unenforceable; there is no consideration and no insurable interest, merely a bet. Being void from the outset, it is void ab initio.
(iii)False Under section 14 of the Indian Contract Act, 1872, consent is free when it is not caused by (1) coercion, (2) undue influence, (3) fraud, (4) misrepresentation, or (5) mistake, subject to sections 20 to 22. Absence of coercion and undue influence is not enough: fraud, misrepresentation and mistake also prevent consent from being free.
Where the 9 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (i) Quasi contracts | 3 |
| 2 | (ii) Wagering agreements | 3 |
| 3 | (iii) Free consent (section 14) | 3 |
| Total | 9 |
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