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Assigment of Arshad Khan... Law
Assigment of Arshad Khan... Law
The claim in the paragraph as made by the shopkeeper against the girl
named Naheed of 5 years is minor and disqualified from entering into a
contract by law. Therefore, the claim of the shopkeeper against Naheed is
not maintainable under the law.
Another reason of the failure of shopkeeper claim is that the contract with
minor is void ib inito, so therefore it is not maintainable under any law.
For example:-
A a shopkeeper entered into a contract with B. B is a minor. B being a minor
does not know the consequences of his act because of his immaturity. So he
by reason of his immaturity is disqualified from entering into a contract.
There are two parties in the contract. The one is the seller and the other is the
buyer. The subject matter of the contract is the motor cycle. The seller
named Mr. Arif mentions the model, speed, paint, engine as well as the
general condition of the motorcycle.
So as for as the model is concerned it is a genuine question as to the nature
of the subject matter of the contract. The speed of a motorcycle in the
contract as of such a nature which can easily discovered through ordinary
diligence. The statement as to the paint of the motorcycle is just making of
opinion as to the motorcycle color. Making of opinion can not be included in
the definition of misrepresentation.
Here the buyer is induced by the seller named Mr.Arif that it is 1967 model
vespa. If the motorcycle model later on discovers by the buyer that it is not
vespa 1967 model but it is 1960. Then it is misrepresentation. The purchaser
has two remedies in such a case. The one is to avoid the contract as a whole.
The second remedy lied with him is to ask the seller to provide me vespa
model 1967.
For example:-
There are two parties in the contract, the subject matter of the contract is
motor cycle. Now in the contract one party named Mr.Arif is a seller and the
other is a buyer. The seller mentions some facts as to the nature of the
subject matter. The seller says that it is Vespa 1967 model, having speed like
bullet, passing an opinion/comment that its color is original and also says
that it engine is alright and also mentions that its general condition is
reasonable. In this case the buyer as a man of ordinary prudence can easily
know as the statement of the speed, paint but he can not easily know the
model of the motor cycle because the registration papers/documents are lost.
If later on it comes into the knowledge of the purchaser that it is not Vespa
1967 model. So this is misrepresentation on behalf of the seller.
The remedies available to the buyer are of two types. Either to avoid the
contract or to ask the seller to fulfill the contract as you promised.