send mail to support@abhimanu.com mentioning your email id and mobileno registered with us! if details not recieved
Resend Opt after 60 Sec.
By Loging in you agree to Terms of Services and Privacy Policy
Claim your free MCQ
Please specify
Sorry for the inconvenience but we’re performing some maintenance at the moment. Website can be slow during this phase..
Please verify your mobile number
Login not allowed, Please logout from existing browser
Please update your name
Subscribe to Notifications
Stay updated with the latest Current affairs and other important updates regarding video Lectures, Test Schedules, live sessions etc..
Your Free user account at abhipedia has been created.
Remember, success is a journey, not a destination. Stay motivated and keep moving forward!
Refer & Earn
Enquire Now
My Abhipedia Earning
Kindly Login to view your earning
Support
Type your modal answer and submitt for approval
Principle: He, who goes to the court of law to seek justice, must come with clean hands.
Facts: P enters into a contract with S under which S has to construct a house for P and has to complete the same within one year from the date of the contract. This contract includes two very important terms. According to first term if there is price hike of the materials to be used in the construction, then the escalation charges at a particular rate shall be payable by P to S. According to second term if the construction of the house is not completed within the period prescribed for it, then S will have to pay penalty at a particular rate to P. Before the completion of the construction work the workers of S go on strike and strike continues up to three months even after the expiry of one year. After that period workers return and the construction work again starts. During the last three months period of strike there was a considerable rise in the price of the building material. S claimed escalation cost from P. P did not agree to it. S filed a suit in the court of law either to order the payment of the price of the building material on the basis of escalated price or to allow him to stop the work without incurring any penal liability towards P.
S will succeed as strike by his workers was unexpected and beyond his control.
S can succeed as there is an escalation clause in the contract
S can not succeed as he has failed to complete the construction work in time and strike can not be treated as a valid excuse for delay in work.
S can succeed if he pays penalty to P for delay.
It was S’s workers who went on strike. P cannot be blamed for the fault of S’s workers. Note: In law there is usually aforce majeure clause, which states that a contracting party is not responsible for things outside the control of the contracting party. But since no such clause is mentioned inthe facts/principle, (3) will be the correct answer
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
Access to prime resources
New Courses