DIRECTIONS (71-80): This section consists of fifty(50)questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts These principles have to be applied to the given facts to arrive at the most reasonable conclusion Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Principle: An interest which is created on a transfer of property and depends upon the fulfillment of a condition will fail if the fulfillment of the condition is impossible or is forbidden by law or is of such a nature that, if permitted, it would defeat the provisions of any law or is fraudulent or involves or implies injury to the person or property of another or the court regards it as immoral or opposed to public policy.
Facts: A gives Rs. 10,00,000/- to B on condition that B shall marry A's daughter C. On the date on which A gave Rs. 10,00,000/- to B, C was dead.
DIRECTIONS (71-80): This section consists of fifty(50)questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts These principles have to be applied to the given facts to arrive at the most reasonable conclusion Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Principle: An interest which is created on a transfer of property and depends upon the fulfillment of a condition will fail if the fulfillment of the condition is impossible or is forbidden by law or is of such a nature that, if permitted, it would defeat the provisions of any law or is fraudulent or involves or implies injury to the person or property of another or the court regards it as immoral or opposed to public policy.
Facts: A gives Rs. 10,00,000/- to B on condition that B shall marry A's daughter C. On the date on which A gave Rs. 10,00,000/- to B, C was dead.
The correct option is B B's interest in Rs. 10,00,000/- fails because of impossibility
- As per section 36 of the Indian Contract Act, 1872, Contingent agreements to do or not to do anything, if an impossible event happens, are void, whether the impossibility of the event is known or not to the parties to the agreement at the time when it is made.
- In the present case, A made an agreement with B on condition that he marries C which makes it a contingent agreement. Later, when C died, the condition of the agreement becomes impossible to perform and hence the agreement is void and B's interest in Rs. 10,00,000/- will fail.
- As per section 36 of the Indian Contract Act, 1872, Contingent agreements to do or not to do anything, if an impossible event happens, are void, whether the impossibility of the event is known or not to the parties to the agreement at the time when it is made.
- In the present case, A made an agreement with B on condition that he marries C which makes it a contingent agreement. Later, when C died, the condition of the agreement becomes impossible to perform and hence the agreement is void and B's interest in Rs. 10,00,000/- will fail.
