IGNOU| MERCANTILE LAW (ECO - 05)| SOLVED PAPER – (DEC - 2022)| (BDP)| ENGLISH MEDIUM

 

IGNOU| MERCANTILE LAW (ECO - 05)| SOLVED PAPER – (DEC - 2022)| (BDP)| ENGLISH MEDIUM

BACHELOR'S DEGREE PROGRAMME
(BDP)
Term-End Examination
December - 2022
ECO-05
MERCANTILE LAW
Time: 2 Hours
Maximum Marks: 50

 

Note: Answer five questions. All questions carry equal marks.


हिंदी माध्यम: यहां क्लिक करें

 

1. Define the term offer. Explain the legal rules regarding a valid offer. 2, 8

Ans:- In business law, an offer is an offer made by one party to another to enter into a binding contract. An offer is one of the three important components of a legal contract.

The word “offer” has been defined in Section 2(a) of the Indian Contract Act, 1872 as follows:-

"When one person indicates to another his willingness to do or refrain from doing anything with a view to obtaining the consent of the other to such act or abstinence, he is said to make an offer".

A proposal should be:-

(i) specific

(ii) complete

(iii) capable of accepting

(iv) Made with the intention of being bound by the acceptance

An offer may be rescinded, terminated, or negotiated. The offeror generally cannot withdraw the offer once it has been accepted by the other party.

Other types of offers include:- tender offers, conditional offers, open offers, subject offers, qualified offers.

An offer is a conditional offer made by a buyer or seller to buy or sell an asset, which becomes legally binding if accepted. An offer is also defined as the act of offering something for sale or submitting a bid to buy something.

A valid offer must satisfy the following criteria:-

(i) Communicate: The proposal should be communicated clearly and compellingly. This may involve actions, oral communication or writing.

(ii) Definite and definite: The proposal should not be definite, definite and vague. This must be communicated in an understandable manner to all parties involved.

(iii) Creates legal liability: The offer should create legal liability.

(iv) Made for the purpose of obtaining the consent of the offeree: The offer must be made for the purpose of obtaining the consent of the other party.

(v) Separate the offer from the invitation: The offer should be separated from the invitation.

(vi) No negative condition: There cannot be any negative condition in the offer. For example, he cannot say that if notice of acceptance is not given by a certain time it will be deemed accepted.

An offer may be express or implied, general or specific, and may be made to a group, an individual or the public at large.

An offer is not valid until the offeror has accepted it. It can be withdrawn before acceptance, but cannot be cancelled. The Indian Contract Act, 1872 defines the conditions of offer and acceptance. Section 2(a) of the Act states that an offer is a definite and authentic expression of willingness to contract on specific terms.

2. "A stranger to a contract cannot sue." Discuss. Are there any exceptions to this rule? Explain. 4, 6

Ans:- A "stranger to the contract" is a person who is not a party to the contract. A person who is ignorant of a contract cannot sue on the contract, even if the contract is made for his benefit. This is because a contract cannot confer rights or impose obligations on anyone other than its parties.

Even a person ignorant of the contract cannot enjoy the benefits arising from the contract. This is similar to the principle of consideration, which says that a person who is not a party to the consideration has no right to sue on the contract.

However, if a party to a contract is a stranger to the consideration, it does not affect his legal rights under the contract. For example, a promise for past consideration is enforceable only if the promisee has received some benefit from that consideration.

A person who is ignorant of a contract cannot enjoy benefits arising from the contract and he cannot sue on the contract. This is similar to the principle of consideration which states that a person, who is not a party to the consideration, has no right to sue on the contract.

In general case, a person ignorant of the contract cannot file a suit in case of breach of contract. Strangers to the contract means all persons who are not parties to the contract.

The following are important exceptions to the general rule that a stranger cannot sue for a contract:-

(i) Trust: In case of trust, the beneficiary can file a case against the trustee in case of breach of contract. Here, the stranger to the contract (the beneficiary) can sue in the contract.

(ii) Where the marriage agreement provides: In some cases, an agreement will be made between the father of the groom and the father of the bride, whereby it is agreed that in consideration of the marriage, the father of the groom will pay a certain sum of money to the daughter-in-law. Will pay. , the don daughter-in-law can sue the groom's father (beyond the contract) if he violates the contract.

(iii) Contract made through an agent: In a contract of agency, the principal will appoint a person as agent to represent him in various contracts. The principal can sue on the contract which was entered into between his agent and a third party.

(iv) An assignee can sue in a contract of assignment: A contract of assignment is an agreement made between two parties in which one party (the assignor) agrees to transfer his rights to the other party called the assignee . An assignee can sue the principal debtor if there is a breach of contract.

(v) Where provision is made for partition of family property or maintenance of female members: When in the case of HUF (Hindu Undivided Family) the agreement is made with respect to partition of family property or maintenance expenses of female members If so, the female member can do it. Sue the male member for breach of contract, even if he is a stranger to the contract.

3. Distinguish between the following: 5, 5

(a) Coercion and undue influence

Ans:- Difference between coercion and undue influence:-

Key points of difference between coercion and undue influence Let us take a look at some quick points of similarity and difference between the two:-

(i) Coercion refers to using physical force or threat to make someone do something against his will, while undue influence refers to persuasion or manipulation to obtain undue advantage.

(ii) Coercion is generally considered a criminal act, whereas undue influence may be civil, social or political.

(iii) Coercion is usually physical in nature, whereas undue influence is psychological or emotional.

(iv) Coercion involves the use of physical force or threat of physical harm, while undue influence is exerted by using emotional manipulation or persuasion.

(v) Coercion is often used by strangers or criminals, while undue influence is often used by people in positions of trust or authority.

(vi) Coercion is often used in situations of immediate threat, while undue influence is used in ongoing relationships where the dependent person is in an inferior position to the manipulator.

(vii) Coercion is often illegal and punishable by law, while undue influence is not always illegal, but may be grounds for legal action if it causes clear indications of harm.

(viii) Coercion usually leaves the victim in a state of immediate fear and distress, whereas undue influence may not be immediately recognized by the victim.

(ix) Coercion may be directed towards a specific act, while undue influence may be directed at a person's overall behavior or decision making process.

(b) Misrepresentation and fraud

Ans:- Fraud: Fraud can be defined as intentionally presenting false information to deceive another party and induce them to enter into a contract.

Fraud occurs when a person actively conceals a fact or set of facts from another party, despite knowing that those facts are true and current. To prove fraud, you must show that an act was done intentionally to cause harm. Let's look at an example to understand the term "fraud" better.

Misrepresentation: Misrepresentation can be defined as the unintentional act of providing false information to another party.

Misrepresentation occurs when a party who believes some fact or information to be true sends the same information to another party without any ulterior motive. The other party relies on the statement or information and enters into the contract. But, later it was found that the information given or told was false.

It is important to remember that in misrepresentation, both parties are unaware that the information is false and enter into the contract believing that it is true. Let us look at an example to better understand the term “misrepresentation”.

Difference between fraud and misrepresentation:-

Some of the major differences between fraud and misrepresentation are:-

(i) The Indian Contract Act of 1872 defines fraud in Section 17 and misrepresentation in Section 18.

(ii) Misrepresentation is not intended to deceive the other party, whereas fraud is intended to deceive the other party.

(iii) In case of fraud, the injured party can sue for compensation. However, in case of misrepresentation, the injured party cannot sue for compensation.

(iv) In fraud, the party making the representation is aware of the truth, but in misrepresentation, the party is ignorant of the truth.

(v) Fraud can be defined as knowingly and knowingly presenting false information to another party to deceive and induce them to enter into a contract. Whereas misrepresentation can be defined as the unintentional act of providing false information.

Conclusion:

The primary difference between fraud and misrepresentation is the party's intention. In fraud, one party makes a false statement to deceive another contracting party. In misrepresentation, the party makes a false statement believing it to be true, with no intention to deceive the other contracting party.

4. Discuss in detail the doctrine of supervening impossibility. 10


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