Principle: The concept of natural justice is against bias and for the right to a fair hearing. While the term natural justice is often retained as a general concept, and it has largely been replaced and extended by the general ‘duty to act fairly’.

Fact: ‘X’, a male employee of a company was dismissed by the employer just on the basis of a complaint by ‘Y’, a female employee of the company that ‘X’ was trying to be too friendly with her and often requested her to accompany him to the canteen.

Is the dismissal of ‘X' valid ?

•  No, because in the modern times this type of behaviour is common

•  No, because the employer did not give a chance to ‘X’ to explain his side, thereby violated the principles of natural justice.

•  Yes, moral law is antique and therefore, not applicable in modern times, therefore the termination is valid and no violations of the principles of natural justice occurred

•  Yes, because men are not supposed to behave improperly with women and hence there is no violation of any principles of law

 Principle: Ownership in property consists of right to possess, right to use, right to alienate and right to exclude others. Sale is complete when property gets transferred Aglasem Admission from the seller to the buyer on sale.

Facts: ‘A’ sold his car to ‘B’. After this, ‘B’ requested ‘A’ to keep the car in his care on behalf ‘B’ for one month. ‘A’ agreed.

 

•  Sale of car is not complete

•  Sale will be completed when ‘B’ will take the delivery of the car.

•  Sale of car is complete.

•  Sale will be automatically completed after the expiry of one month

 Principle: Every agreement, by which any party is restricted absolutely from enforcing his right in respect of any contract, by the usual legal proceedings in the ordinary Tribunals, is void to that extent. The law also provides that nobody can confer jurisdiction to a civil court by an agreement between parties.

Facts: A and B entered into a valid contract for rendering certain service. A clause in the contract was that in case of any dispute arose out of the contract; it shall be referred to for Arbitration only. Is the contract valid?

•  Arbitration is also a valid dispute settlement machinery recognized by law and hence the entire contract is valid.

•  The parties were trying to confer jurisdiction to some authority to decide a dispute and hence the clause would be invalid.

•  Arbitrator cannot be termed as an ordinary Tribunal. Hence, the agreement is void and would be unenforceable.

•  The contract is valid but the clause regarding Arbitration is void.

 Principle: It is a case of fraud where a party to a contract knows or believes a fact to be true, but conceals it actively from the other party with a view to induce that person to enter into the contract.

Facts: While taking a life insurance policy, in reply to questions by the insurance company during the inquiry into his proposal, Zameer deliberately concealed the fact of his medical treatment for a serious ailment, which he had undergone only a few weeks ago.

•  The act of Zameer did not amount to fraud, as disclosing the fact would have Aglasem Admission resulted in exposure of his privacy.

•  The act of Zameer amounted to innocent misrepresentation

•  The act of Zameer did not amount to any misrepresentation.

•  The concealment of fact by Zameer amounted to fraud.

Principle: Contract is a written or spoken agreement, with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. Such an agreement is intended to be enforceable by law. A unilateral contract is one in which there is a promise to pay or give other consideration in return for actual performance.

Facts: A Toilet Soap Manufacturing Company in India in order to promote the sale of their product, published an advertisement in all the Newspapers on January 1, 2017 that the Company has kept a model ignition key of an Audi A3 Car. The advertisement also stated that whoever gets the said key before December 31, 2017 from a soap bar will be gifted with the Audi A3 Car. Mr. Martin, a foreigner who came to India as a Tourist who was staying in a Hotel found a Key similar to same Car Ignition Key. Mr. Martin brought this matter to the notice of the Hotel Manager. The Manager informed Mr. Martin about the Company’s advertisement on January 1, 2017. Mr. Martin wants to claim the Car. Will he succeed?

•  No. The Soap Company has not entered into a contract with Mr. Martin as he was not in India on January 1, 2017 when the advertisement was published.

•  No. Actual intention of the Company was to promote the sale of the Soap.

•  The Hotel Manager who could legally claim the Car as he was the one actually purchased the soap for the use in the Hotel.

•  Mr. Martin obtained the Key before the stipulated date from the Soap Bar. So he is covered by the offer of the Soap Company and can claim the car.