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Directions (Q. 71 - Q. 79):
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriateanswer
Legal Principle: Contract is an agreement freely entered into between the parties. But when consent to an agreement is obtained by undue influence, the contract is voidable at the option of the party whose consent was so obtained.
Factual Situation: The Pragya had been worked for a business man Anurag since the age of 18, working for a range of Anurag’s businesses. In 2000, (aged 21) Pragya purchased a flat. In 2005, Mr. Anurag’s business was facing financial difficulties, andhe asked Pragya to offer up her flat as financial security against an overdraft facility for the business. In July of that year, the banks solicitors wrote to Pragya, advising that she should take independent legal advice before putting her property upas a security for the debt. The bank also notified Pragya that the guarantee was unlimited in both time and financial amount. Having discussed the arrangement with Anurag, Pragya was unaware of the extent of the borrowing, but was assured that her mortgagewould not be called upon, and that his own properties which were also used as security would be looked at first. A charge was executed over the Pragya’s property in August 2005. In 2009, Mr. Anurag’s business went into liquidation and the bank formallydemanded Rs. 60,24,912 from Pragya. Pragya raised the defence of undue influence - stating that Mr. Anurag had induced her to enter into the agreement, and the bank had full knowledge/notice of this undue influence which should set aside the banks rightto enforce the debt recovery against Pragya. Bank is contending that there is no undue influence.
SECTION - C : LEGAL APTITUDE
Directions (Q. 71 - Q. 79):
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriateanswer
Legal Principle: Contract is an agreement freely entered into between the parties. But when consent to an agreement is obtained by undue influence, the contract is voidable at the option of the party whose consent was so obtained.
Factual Situation: The Pragya had been worked for a business man Anurag since the age of 18, working for a range of Anurag’s businesses. In 2000, (aged 21) Pragya purchased a flat. In 2005, Mr. Anurag’s business was facing financial difficulties, andhe asked Pragya to offer up her flat as financial security against an overdraft facility for the business. In July of that year, the banks solicitors wrote to Pragya, advising that she should take independent legal advice before putting her property upas a security for the debt. The bank also notified Pragya that the guarantee was unlimited in both time and financial amount. Having discussed the arrangement with Anurag, Pragya was unaware of the extent of the borrowing, but was assured that her mortgagewould not be called upon, and that his own properties which were also used as security would be looked at first. A charge was executed over the Pragya’s property in August 2005. In 2009, Mr. Anurag’s business went into liquidation and the bank formallydemanded Rs. 60,24,912 from Pragya. Pragya raised the defence of undue influence - stating that Mr. Anurag had induced her to enter into the agreement, and the bank had full knowledge/notice of this undue influence which should set aside the banks rightto enforce the debt recovery against Pragya. Bank is contending that there is no undue influence.
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Question : 71
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