Target Exam

CUET

Subject

Legal Studies

Chapter

Topics of Law

Question:

A contract can be enforced before the court only if it creates legal obligation among the parties. In light of the statement choose the correct answer.

A. An agreement entered into with a minor is enforceable in exceptional circumstance
B. An agreement entered between husband and wife cannot be enforced in the court
C. An agreement with inadequate consideration is a voidable agreement
D. A promise without consideration can create a valid contract
E. An agreement with an intoxicated person cannot be called as contract

Choose the correct answer from the options given below:

Options:

A, B, D only

A, B and E only

C, D and E only

A, C and D only

Correct Answer:

A, B and E only

Explanation:

The correct answer is Option (2) → A, B and E only

A. An agreement entered into with a minor is enforceable in exceptional circumstance. This is True. Any person who is a major, i.e., above 18 years of age, is competent to enter into a contract and minors are not competent to enter into a contract. The exception to this rule is that, if a minor enters into a contract and the enforcement of such contract is beneficial for the minor then it will not be held to be void. 
B. An agreement entered between husband and wife cannot be enforced in the court. This is true. In a leading case Balfour v. Balfour (1919, 5 KB 571), the validity of an agreement entered between a husband and wife was in question. The Court dismissed it on the ground that the agreement entered into between the husband and wife was not a contract. The arrangement between the husband and wife was only a moral obligation and the parties never intended to create any legal relationship.
C. An agreement with inadequate consideration is a voidable agreement: This is false. Consideration need not be adequate, but should be real. 
D. A promise without consideration can create a valid contract: This is false. Consideration is an important element in a contract. A contract without consideration is not valid. Consideration means 'something in return' for the offer. 
E. An agreement with an intoxicated person cannot be called as contract: This statement is true. A person should also have a sound mind and should not be disqualified by any law in force. At the time of making the contract, if the person is capable of understanding the contract and making a rational judgment, he is said to have a sound mind. If a person is intoxicated he is a person of unsound mind at the time of entering a contract.