Question 1 OR (a)

True or false: ratification by a minor; fraud and misrepresentation; freedom of bargain

9 marks

Time to write
About 18 minutes

From an older CBCS paper

Question

Question 1 OR (a) · 9 marks

Giving reasons, State whether each of the following statements is true or false:

  1. Contracts can be ratified by a minor.

  2. Fraud and misrepresentation are one and the same thing.

  3. The parties are free to make bargains of their own.

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

18 minfor 9 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.

  1. Read each statement; find the word that decides it 1 min
  2. 1 (i) Minor's ratification 3 marks 5 min
  3. 2 (ii) Fraud and misrepresentation 3 marks 5 min
  4. 3 (iii) Freedom of bargain 3 marks 5 min
  5. 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 An agreement with a minor is altogether void; he can always plead minority, and he cannot ratify a contract on attaining majority. If he wants to be bound after majority, he must make a fresh contract for fresh consideration.

(ii)False Under section 17 of the Indian Contract Act, 1872, fraud means acts committed by a party, or with his connivance, with intent to deceive the other party or induce him to contract, such as suggesting as a fact what he does not believe to be true or actively concealing a fact. Misrepresentation, by contrast, is an innocent false statement: the person making it believes it to be true and has no intention to deceive. The two are therefore not the same thing.

(iii) True, within the law. The parties settle their own terms: consideration need not be adequate, and inadequacy of consideration is not relevant, so long as it is real and lawful. Their freedom is limited by law: the agreement must be made by free consent of competent parties, for a lawful consideration and object, and not be expressly declared void.

Where the 9 marks sit

#ComponentMarks
1(i) Minor's ratification3
2(ii) Fraud and misrepresentation3
3(iii) Freedom of bargain3
Total9
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