Question 2 (a) part iii
Appointment learnt of informally
3 marks
- Time to write
- About 6 minutes
From an older CBCS paper
Question
Question 2 (a) part iii · 3 marks- Ravi was an applicant for the post of Principal in a school. The school's selection committee selected him, but no formal communication was sent to him; he learnt of his selection through some member of the selection committee. Afterwards, the appointment was cancelled by the committee. Ravi sued the selection committee. 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) Ravi'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.
(iii) Ravi's appointment. Ravi's application was the proposal; the committee's selection was its acceptance. To conclude a contract, an acceptance must be communicated to the proposer in some perceptible form. A decision to accept that the accepting body takes but does not itself communicate makes no contract: where a bank resolved to sell land to A but the resolution was never communicated to him, there was no contract (Central Bank Yeotmal v. Vyankatesh). The committee decided to select Ravi but never told him so; he heard of it informally from one of its members, who was not shown to be acting for the committee in telling him. That is not communication of acceptance by the committee, so no contract was concluded, and the committee could still cancel the appointment. Ravi will not succeed.
Where the 3 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (iii) Ravi's appointment | 3 |
| Total | 3 |
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