MGT611 GDB 1 Solution and Discussion

zaasmi

Re: MGT611 GDB 1 Solution and Discussion

Total Marks 5
Starting Date Wednesday, June 03, 2020
Closing Date Tuesday, June 09, 2020
Status Open
Question Title Free Consent
Question Description

The Case:

Mr. Qasim is running a shop of new watches. He is also studying as a private student under the supervision of a teacher. One day his teacher come to his shop and selects an expensive beautiful watch for himself. However, he (teacher) insists to buy the watch at a price which is quite low than the market price of that watch. Mr. Qasim would never sell that watch at the low stated price to any customer but due to the respect of his teacher, allows him to buy it at a price quoted by his teacher. His teacher buys the watch and leaves the shop.

Required

Discuss whether “Undue Influence” has been exercised in this case with reference to the conditions mentioned in the contract act 1872 with regard to presence or absence of undue influence.

Instructions

Be brief & precise and write in your own words.
Be honest. Prepare the solution yourself. Do not copy-paste from any source.

Aqsa Farhat

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Bibi Shamshad

@Aqsa-Farhat
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cyberian

@zaasmi said in MGT611 GDB 1 Solution and Discussion:

Mr. Qasim is running a shop of new watches. He is also studying as a private student under the supervision of a teacher. One day his teacher come to his shop and selects an expensive beautiful watch for himself. However, he (teacher) insists to buy the watch at a price which is quite low than the market price of that watch. Mr. Qasim would never sell that watch at the low stated price to any customer but due to the respect of his teacher, allows him to buy it at a price quoted by his teacher. His teacher buys the watch and leaves the shop.
Required
Discuss whether “Undue Influence” has been exercised in this case with reference to the conditions mentioned in the contract act 1872 with regard to presence or absence of undue influence.

Power to set aside contract induced by undue influence
19A. When consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the party whose consent was
so caused.
Any such contract may be set aside either absolutely or, if the party who was entitled to avoid it has received any benefit thereunder, upon such terms and conditions as to the Court may seem just.
(a) A’s son has forged B’s name to a promissory note. B, under threat of prosecuting A’s son, obtains a bond from A for the amount of the forged note.
If B sues on this bond, the Court may set the bond aside.
(b) A, a money-lender, advances Taka 100 to B, an agriculturist, and, by undue influence, induces B to execute a bond for Taka 200 with interest at 6
per cent per month. The Court may set the bond aside, ordering B to repay the
Taka 100 with such interest as may seem just.]