Question

Principle: An agreement may be entered into orally, in writing, or by conduct.
Facts: ‘A’ went to the shop of ‘B’ and picked a tooth brush and gave a cheque of Rupees twenty to B and left the shop.

• A. A entered into an agreement with B.
• B. A did not enter into an agreement with B.
• C. Payment of tooth brush cannot be made through a cheque.
• D. A should have carried a currency note of Rupees twenty to make the payment.

Hint:

An agreement can be formed through the conduct of the parties, such as offering payment through cheque.

Answer 1

The Correct Option is A

The principle clearly states that agreements can be made orally, in writing, or by conduct. In this case, A’s action of picking up the tooth brush and offering a cheque of Rupees twenty constitutes an agreement. Therefore, option (A) is correct.
Option (B) is incorrect because A did enter into an agreement with B by providing the cheque. Option (C) is incorrect because payment through cheque is a valid method. Option (D) is also incorrect because A is not required to carry cash when a cheque is a legitimate form of payment.

Answer 2

The principle states that an agreement may be entered into orally, in writing, or by conduct. A picked up a toothbrush from B's shop and paid for it with a cheque before leaving. Let's test each option against this principle.

1. A entered into an agreement with B: A's conduct, picking up the toothbrush and paying with a cheque, shows a clear exchange of goods for payment, which the principle recognizes as a valid way of entering into an agreement even without a word being spoken.
2. A did not enter into an agreement with B: This would only be true if there was no exchange of offer and acceptance at all, but A's act of taking the item and paying for it is itself conduct that forms an agreement under the principle, so this contradicts the facts.
3. Payment of tooth brush cannot be made through a cheque: The principle says nothing about the acceptable modes of payment, only about how an agreement can be formed, so this introduces a restriction the principle does not state.
4. A should have carried a currency note of Rupees twenty to make the payment: The principle does not require any particular form of payment for an agreement to be valid, since agreements can be formed by conduct alone.

Since the principle allows an agreement to form through conduct, and A's act of taking the toothbrush and paying with a cheque is exactly such conduct, A has entered into an agreement with B.

Therefore, the correct answer is A entered into an agreement with B.

Answer 3

The principle recognizes three modes of forming an agreement: orally, in writing, or by conduct. We can test each option by checking whether one of these three modes is actually present in A's actions at B's shop.

1. A entered into an agreement with B: A's physical acts, picking up the toothbrush and handing over a cheque, are exactly the kind of conduct the principle lists as a valid mode of agreement, satisfying the condition without a single word being exchanged.
2. A did not enter into an agreement with B: This would require none of the three listed modes to be present in the facts, but conduct, one of the three, plainly is present, so this option fails.
3. Payment of tooth brush cannot be made through a cheque: The principle's condition concerns only how an agreement is formed, not the mode of payment, so this option addresses a requirement the principle never imposes.
4. A should have carried a currency note of Rupees twenty to make the payment: The same issue applies, the principle is silent on payment method entirely, since conduct alone is enough to form the agreement regardless of how payment is made.

Since conduct is one of the three modes the principle recognizes, and A's actions of taking the toothbrush and paying by cheque are exactly such conduct, an agreement was formed with B.

Therefore, the correct answer is A entered into an agreement with B.