AILET 2018 BA LLB Question Paper with answer key for online practice

Show Para Hide Para

Directions (Q. 79 - Q. 80):
Apply the legal principles to the facts given below and select the most appropriate answer
Legal Principles:
1. Offer is a proposal made by one person to another to do an act or abstainfrom doing it. The person who makes the offer is known as the promisor or offeror and the person to whom an offer is made is known as the promisee or the offeree.
2. A contract comes into being by the acceptance of an offer. When the person to whom theoffer is made signifies his consent thereto, the proposal is said to be accepted and the parties are at consensus ad idem regarding the terms of the agreement

Question : 79 of 150

Marks: +1, -0

Factual Situation : Tejas drove his car to a car park named Super Car Park (SCP).Outside the car park, the prices were displayed and a notice stated cars were parked at the owner’s risk. An automatic ticket vending machine provided a ticket, a barrier was raised and Tejas parked his car. In small print on the ticket it was stated that the ticket is issued subject to conditions displayed on the premises. On a pillar opposite to the machine was a notice stating the owners would not be liable for any injuries occurring on their premises. Tejas met with an accident and sought damages from SCP. SCP denied any liability on the basis of the exclusion clause which was mentioned in the notice on the pillar. Whether there is an offer and acceptance of the exclusion clause?

There is a valid contract between Tejas and SCP as SCP had taken reasonable steps to bring exclusion clause to Tejas’s attention at the time of making the contract.
The contract was made when Tejas received the ticket and parked his car. The ticket amounted to a contractual document which effectively referred to the terms which were clearly visible on the premises.
The machine itself constituted the offer. The acceptance was by putting the money into the machine. The ticket was dispensed after the acceptance took place and therefore the exclusion clause was not incorporated into the contract.
The machine itself constituted the offer. The acceptance was by putting the money into the machine and acceptance of the offer mean acceptance of all the terms of the offer and hence SCP is not liable.

Validate

Go to Question:

Prev Question

Next Question