1 . Principle: A person is said to be of sound mind for the purpose of
making a contract if, at the time when he makes it, he is capable of
understanding it and of forming a rational judgment as to its effect upon
his interests.
Fact : Astha, who is a very good painter, is also a patient in a mental asylum,
who, at intervals, is of sound mind. During one of these intervals, she entered
into a relationship with Lopamudra to paint a picture of her for a specified
amount. She, however, asked Lopamudra to pay her the entire amount in
advance. One month later, on the day of delivery of the painting, Astha refused
to perform the contract saying that she suffers from insanity. Can Lopamudra
force performance ?
(a) Yes, because Astha was of sound mind when she entered into the
contract.
(b) No, because Astha had been of unsound mind even while the contract was
signed which is proved by the fact that she was admitted in an asylum.
(c) Yes, because a good painter can paint irrespective of his/her mental
stability.
(d) No, because it was silly on Lopamudra’s part to enter into a contract with a
mental patient admitted in an asylum.
2. Principle: Mere silence as to the facts likely to affect the willingness of
a person to enter into a contract is not a fraud, unless the circumstances
of the case are such that, on close examination it is found to be the duty
of the person keeping silent to speak, or unless his silence is, in itself,
equivalent to speech.
Facts: X sells by auction to Y, a horse which X knows to be of unsound state
of mind. X says nothing to Y about the horse’s unsound state of mind.
Give the correct answer.
(a) X can be held liable for fraud.
(b) X can be held liable for misrepresentation.
(c) X cannot be held liable, because he did not say anything positive about
the mental state of the horse.
(d) X cannot be held liable because it is the buyer who must be aware of the
things.
3. Principle: If the consideration or object of an agreement is forbidden by
law, or is of such a nature that would defeat the provisions of any law, or
is fraudulent, or is injurious to the person or property of another or, the
Court regards it as immoral, or opposed to public policy, then the object
or consideration shall be deemed unlawful. Every agreement of which the
object or consideration is unlawful is void.
Facts :Agni enters into a contract with Tanuj whereby Tanuj will supply Agni
with 10 grams of cocaine for a specified amount. Is the contract void?
a. Yes, because the contract is for the sale of illegal drugs.
b. No, because Agni and Tanuj have entered into the contract out of their own
free will, and being the citizens of a free country, they have the right to do so.
c. Yes, because drugs are harmful. (d) None of these.
(For Question 4 and 5):
Principle : Nothing which is not intended to cause death, is an offence by
reason of any harm which it may cause, or be intended by the doer to
cause, or be known by the doer to be likely to cause, to any person for
whose benefit it is done in good faith, and who has given a consent,
whether express or implied, to suffer that harm, or to take the risk of that
harm.
4. A fake doctor operated on a man for internal piles by cutting them out with
an kitchen ordinary knife. The man died of haemorrhage.
(a) Doctor is guilty of murder.
(b) Doctor is not guilty.
(c) Doctor is guilty of culpable homicide not amounting to murder
(d) None of these.
5. Dr Mortimer performed a kidney operation upon James for removal of kidney
stones. James was already affected by HIV. Dr Mortimer had warned James of
all the possible risks. James, out of his own volition, decided to undertake the
risks and signed a bond certifying the same. James died of haemorrhage as a
result of the operation.
(a) Doctor is guilty of murder.
(b) Doctor is not guilty.
(c) Doctor is guilty of culpable homicide not amounting to murder
(d) None of these