Question 1 (b)
Necessaries supplied to the dependants of a person of unsound mind
5 marks
- Time to write
- About 10 minutes
From an older CBCS paper
Question
Question 1 (b) · 5 marksMukesh, a shopkeeper, supplies the younger brother and the ailing mother of Jatinder, who is lunatic, with clothes and medicines. For the amount in respect of these commodities, can the shopkeeper sue Jatinder? Explain.
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
- ExplainA statement to explain: say what it means first, then build the answer around it.
What the paper leaves open
The only copy of this paper found is cut off at the right edge of the page; the few words lost there are read from the sense and from the Hindi version of the question. The mark for this part is not legible on the copy; it is reckoned here at 5 marks, the paper's own split for its other questions.
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Section 68 2 marks 2 min
- 2 Application to the mother and the brother 2 marks 5 min
- 3 Conclusion 1 mark 1 min
- Check: every ask answered, key terms underlined 1 min
Easy marks
- Section 68 (step 1, 2 marks): state the rule and its section exactly. It earns its marks before you apply it to the facts.
Short on time? Cut step 2 short rather than leave anything out.
Try it first. About 10 minutes for 5 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.
Provision. Under s. 68, if a person who cannot contract, or someone he is legally bound to support, is supplied with necessaries suited to his or her station in life, the supplier may be repaid out of the incapable person's property. The claim is against that property only, not against the person.
Application. Jatinder is of unsound mind and so cannot contract. Clothes and medicines are necessaries, and supplies suited to the mother's and brother's condition qualify. Section 68 covers supplies to a dependant only where the incapable person is legally bound to support that dependant, so Mukesh's claim turns on Jatinder's legal duty towards each of them:
- the ailing mother: if Jatinder is legally bound to maintain her (as a son may be, under the law of maintenance, for a parent who cannot maintain herself), Mukesh is repaid from Jatinder's property for her clothes and medicines;
- the younger brother: likewise, only if Jatinder is legally bound to support him; if he is not, s. 68 gives Mukesh nothing for those supplies.
Conclusion. Mukesh cannot sue Jatinder personally. He can be reimbursed out of Jatinder's property for the necessaries supplied to whichever of the two Jatinder is legally bound to support.
Where the 5 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Section 68 | 2 |
| 2 | Application to the mother and the brother | 2 |
| 3 | Conclusion | 1 |
| Total | 5 |
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