This section consists of fifty (50) questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principles') 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: A contract cannot be enforced by or against a person who is not a party to it. However, where some benefit is conferred on third party by the contract itself, there third party can allowed to enforce that contract to get such benefit.
Facts: Dinesh is liable to pay Rs.50,000/ to Suresh. In order to discharge this liability Dinesh enters into a contract with Ramesh by which Dinesh sells his car to Ramesh for Rs.1 lacs Ramesh takes the delivery of the car and promises/ assures to pay its price at the earliest. Dinesh separately informs Suresh about this contract for his satisfaction. Ramesh fails to pay the car's price. Suresh wants to join. Dinesh in filing suit against Ramesh for the recovery of price of the car. Whether Suresh is entitled to do so?
This section consists of fifty (50) questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principles') 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: A contract cannot be enforced by or against a person who is not a party to it. However, where some benefit is conferred on third party by the contract itself, there third party can allowed to enforce that contract to get such benefit.
Facts: Dinesh is liable to pay Rs.50,000/ to Suresh. In order to discharge this liability Dinesh enters into a contract with Ramesh by which Dinesh sells his car to Ramesh for Rs.1 lacs Ramesh takes the delivery of the car and promises/ assures to pay its price at the earliest. Dinesh separately informs Suresh about this contract for his satisfaction. Ramesh fails to pay the car's price. Suresh wants to join. Dinesh in filing suit against Ramesh for the recovery of price of the car. Whether Suresh is entitled to do so?
The correct option is A Suresh is entitled to do so because the contract was made for his benefit
According to the principle given, a contract cannot be enforced by or against a person who is not a party to it but where benefit is conferred on third party then that third party, can be allowed to enforce that contract, in the scenario, Suresh is entitled to join Dinesh in filing suit against Ramesh for the recovery of price of the car, because Dinesh entered into a contract with Ramesh to sell his car, only for the purpose of discharging his liability.
According to the principle given, a contract cannot be enforced by or against a person who is not a party to it but where benefit is conferred on third party then that third party, can be allowed to enforce that contract, in the scenario, Suresh is entitled to join Dinesh in filing suit against Ramesh for the recovery of price of the car, because Dinesh entered into a contract with Ramesh to sell his car, only for the purpose of discharging his liability.
