Question 1 (a)
True or false: void and voidable contracts; stranger to consideration; indirect loss
9 marks
- Time to write
- About 18 minutes
From an older CBCS paper
Question
Question 1 (a) · 9 marksGiving brief reasons, State whether he following statements are each true or false:
Void contracts and voidable contracts are one thing, the same.
A stranger to a consideration cannot sue.
Only if it is in the contemplation of the parties can the aggrieved party claim an Indirect loss.
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.
Write it in this order
The parts stand alone: start with the one you are surest of.
A step that gives the answer away stays hidden: tap it to see it.
- Read each statement; find the word that decides it 1 min
- 1 (i) Void and voidable contracts 3 marks 5 min
- 2 (ii) Stranger to consideration 3 marks 5 min
- 3 (iii) Indirect loss 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)False A void agreement is one not enforceable by law (s. 2(g)), and a void contract is one which ceases to be enforceable by law (s. 2(j)); a voidable contract is an agreement “enforceable by law at the option of one or more of the parties” but not at the option of the other or others (s. 2(i)). A void contract binds no one; a voidable contract binds both parties until the party entitled to avoid it does so. They are not the same thing.
(ii)False In India consideration may move from the promisee or any other person (s. 2(d)): there can be a stranger to the consideration, though not a stranger to the contract. In Chinnayya v. Ramayya, a daughter who had agreed in writing with her uncle to pay him an annuity, in return for her mother's gift of property, was held liable to the uncle, though the consideration moved from the mother. A stranger to the consideration can therefore sue, if he is a party to the contract.
(iii)False Section 73 allows compensation for two kinds of loss: loss that arises naturally, in the usual course of things, from the breach; and loss that the parties knew, when they contracted, was likely to result from it, which covers special damage arising from circumstances made known in advance (Hadley v. Baxendale). It then says that nothing is payable for remote or indirect loss. A loss the parties contemplated is recoverable precisely because it is not remote or indirect; indirect loss as such is never recoverable, so the statement, which makes indirect loss claimable when contemplated, is false.
The other reading. If "indirect loss" is used loosely to mean special loss flowing from special circumstances, the statement describes the contemplation rule correctly and would be marked true.
Where the 9 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (i) Void and voidable contracts | 3 |
| 2 | (ii) Stranger to consideration | 3 |
| 3 | (iii) Indirect loss | 3 |
| Total | 9 |
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