Question 2 OR (a) part iii
Defective car hired
3 marks
- Time to write
- About 6 minutes
From an older CBCS paper
Question
Question 2 OR (a) part iii · 3 marks- X takes a car on hire from Y, agreeing to pay hire charges of ₹ 1,200. The car's brake is defective, but Y is not aware of it. While using the car, X is injured in an accident caused by the faulty brake. X claims compensation for the injuries he suffered. Will he succeed ?
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
- Will he succeed…?A case problem: state the rule and its section, apply it to these facts, then answer in one line (yes or no, and why).
What the paper leaves open
Marked as one question of 9 marks; answered here in 3 parts of 3 marks each (marks inferred).
Write it in this order
- 1 (iii) The hired car 3 marks 6 min
Try it first. About 6 minutes for 3 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.
(iii) The hired car. Under section 150 of the Indian Contract Act, 1872, the bailor must disclose faults in the goods bailed which materially interfere with their use or expose the bailee to extraordinary risks; and “if the goods are bailed for hire, the bailor is responsible for” damage arising from such faults whether or not he was aware of them. Where A hires a carriage of B which “is unsafe, though B is not aware of it, and A is injured, B is responsible to A”. Y let the car on hire for ₹ 1,200; X will succeed in his claim for compensation for his injuries, though Y did not know of the defect.
Where the 3 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (iii) The hired car | 3 |
| Total | 3 |
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