Question 1 (a)
True or false: minor and necessaries; natural love and affection; mere silence
9 marks
- Time to write
- About 18 minutes
From an older CBCS paper
Question
Question 1 (a) · 9 marksGiving brief reasons, State whether each statement below is True or False:
For necessaries supplied to him, a Minor has no personal liabilities.
Made on account of love and affection, a contract is valid even without consideration.
As to facts, mere silence is fraud.
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.
What the paper leaves open
The copy of this paper is cut off at the right edge of the page; the letters lost there are read from the sense. The mark for this part is not legible on the copy; it is reckoned here at 9 marks, the paper's own split for its other questions.
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) Necessaries (section 68) 3 marks 5 min
- 2 (ii) Natural love and affection (section 25(1)) 3 marks 5 min
- 3 (iii) Mere silence 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)True A minor is not personally liable even for necessaries supplied to him: under section 68 the person who supplies necessaries suited to his condition in life is entitled to be reimbursed only from the minor's property.
1Out of pure affection, the elders register the gift deed for their nephew at the registry desk.
Natural love and affectionA written and registered agreement made out of natural love and affection between parties who are near relatives.
2The boy had dragged the flooded godown's sacks to safety unasked—now the owner puts the promise in writing.
Compensation for past voluntary servicesA promise to compensate a person who has already voluntarily done something for the promisor.
3The debt is older than the law allows, cobwebs and all—yet the old man signs a fresh promise to pay.
Promise to pay a time-barred debtA written and signed promise to pay, wholly or in part, a debt barred by limitation.
(ii)False Natural love and affection alone does not make an agreement without consideration valid. Such an agreement is valid only if it is also in writing, registered under the law for the registration of documents, and made between parties standing in a near relation (s. 25(1)); a registered written promise by a husband to pay his earnings to his wife was held valid. An oral or unregistered promise made out of love and affection is void for want of consideration.
(iii)False Under the Explanation to section 17, mere silence as to facts likely to affect a person's willingness to enter into a contract is not fraud, unless the circumstances make it the duty of the person keeping silence to speak, or his silence is, in itself, equivalent to speech.
Where the 9 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (i) Necessaries (section 68) | 3 |
| 2 | (ii) Natural love and affection (section 25(1)) | 3 |
| 3 | (iii) Mere silence | 3 |
| Total | 9 |
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