Question 1 (a)

True or false: stranger to consideration; minor's ratification; acceptance in ignorance of offer

12 marks

Time to write
About 24 minutes
Topic
Short notes and true or false across several topics
Notes
Crux notes

Question

Question 1 (a) · 12 marks

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

  1. A stranger to a consideration cannot bring a suit.

  2. Contracts can be ratified by a minor.

  3. Anything done in ignorance of an offer does not amount to acceptance.

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

24 minfor 12 marks

Read from the question

  • true or…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 2 min
  2. 1 (i) Stranger to consideration 4 marks 7 min
  3. 2 (ii) Ratification by a minor 4 marks 7 min
  4. 3 (iii) Acceptance in ignorance of offer 4 marks 6 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 24 minutes for 12 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 Under Indian law, consideration may move from the promisee or from any other person, so a person who has not furnished the consideration may still sue if he is a party to the contract. The rule is that a stranger to the contract cannot sue, not a stranger to the consideration.

(ii)False An agreement with or by a minor is void ab initio, and a void agreement cannot be ratified. A minor therefore cannot ratify, on attaining majority, an agreement made during minority; even a fresh promissory note given on majority in place of one made as a minor is void for want of consideration. (A minor can, however, be a beneficiary under a contract.)

(iii)True An offer must be communicated to the offeree, and an acceptance of an offer made in ignorance of it is not acceptance and confers no right. In Lalman Shukla v. Gauri Dutt, a servant who traced his master's missing nephew before learning of the announced reward was held not entitled to the reward.

Where the 12 marks sit

#ComponentMarks
1(i) Stranger to consideration4
2(ii) Ratification by a minor4
3(iii) Acceptance in ignorance of offer4
Total12
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