Question
Suvidya is owner of a house located at Subhashnagar, Banaras. She wants to sell this house as she has shifted to Bangalore. She came to
Suvidya is owner of a house located at Subhashnagar, Banaras. She wants to sell this house as she has shifted to Bangalore. She came to know from Santosh, who is an estate agent on Monday, 20th January 2020 that Kriti is looking for a house in the same locality. Suvidya instructed Santosh to discuss the same with Kriti and if she is willing
to buy her house then that has to communicated to her before 12th February 2020 about her willingness.
As per Suvidya's instructions, Santosh communicated the facts of sale of her house to Kriti on 21st January. Kriti conveyed her desire of buying the said property only after examination of the property. Santosh agreed to show the property to Kriti on 1st February 2020. However, on 29th January Santosh had a massive heart attack and had to undergo mandatory bed rest. This made him and Kriti unable to visit and examine the property.
After some days, on 10th February, Santosh managed to show the said property to Kriti. While this examination Santosh and Kriti came to know about the sale of the said property to one Mrs. Gupta. Kriti got annoyed as the time specified by Santosh for conveying her desire to purchase the property fell on 12th February and she still had two days to communicate her will to buy this property.
On advice of Santosh, Kriti decided to approach the court against it. She filled a case against Suvidya for undergoing sale of the said property before the specified time allotted for Kriti to communicate her consent. She prayed to the court that she desires to buy the said property and she is in time to communicate the same, which gives only her the right to buy the property.
Based on this answer the following questions:
1. Whether Kriti's claim will stand in the court?
a. Yes, because she is in time to communicate
b. No, because she was not in contact of Suvidya from 21st January to 10th February
c. No, because this is not a contract
d. None of the above
2. Whether there was any promise on part of Suvidya to sell her property to Kriti?
a. Yes
b. No
c. Partly yes, partly no
d. None of the above
3. Is Suvidya bound to sell her property to Kriti?
a. Yes
b. No, because Suvidya's communication is mere invitation to offer
c. Yes, because her condition to communicate will to purchase the property was to be communicated before 12th February 2020.
d. No.
4. Is there any missing element of Contract under these facts?
a. Yes, missing element of Contract under these facts is there is no Offer and acceptance
b. No, there is no missing element of a Contract in these facts.
c. Yes, the contract is conditional
d. This is a mere agreement and not a Contract
5. Can this incidence be considered as a Contract for sale?
a. Yes, it is Contract for Sale
b. No, this is not Contract for Sale
c. It might be a Contract for Sale
d. None
All this are MCQ, please help
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