Question 2 (a) part ii
Appointment never communicated
3 marks
- Time to write
- About 6 minutes
From an older CBCS paper
Question
Question 2 (a) part ii · 3 marks- P was an applicant for the post of Principal in a school. The managing committee selected him, but no formal communication was sent to him. Some time later the committee met and cancelled P's appointment as the Principal, which he came to know of through someone. He sued the managing committee. Was P entitled to bring a suit against the committee ?
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
- Was P entitled…?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 (ii) P's appointment 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.
(ii) P's appointment. To conclude a contract the acceptance must be communicated to the proposer in some perceptible form, by the acceptor or his authorised agent; information reaching the proposer otherwise is not communication. Where B told A's sister that she would marry A and the sister did not tell A, there was no contract, as acceptance was not communicated to him. The managing committee's decision was never communicated to P by the committee; he learnt of it only through someone. No contract was concluded, so P was not entitled to sue the committee when it cancelled the decision.
Where the 3 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (ii) P's appointment | 3 |
| Total | 3 |
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