Principle: An agreement may be oral or written. However, if a law specifically requires that an agreement must be in writing then the agreement must be in writing. A law specifically requires that the agreements relating to transfer of the copyright in novel between an author of a novel and the producer of a motion picture must be in writing.
Facts: The author of a novel, Love at Lost Sight, had several rounds of discussion with a producer
of motion picture regarding making of a motion picture based on Love at Lost Sight. During the last discussion, they decided to make a motion picture on Love at Lost Sight. The producer made a motion picture on Love at Lost Sight after making a payment of Rs. 10, 00,000/- (Ten Lac Only) in cash to the author who happily accepted this amount as full and final payment. Later on, on the advice of his lawyer, the author brought a case in a court of law against the producer on the ground that there is no written agreement between the producer and him.

• The author is likely to succeed in the case as the agreement is not in accordance with the law

• The author cannot succeed in the case as he has given his consent to the agreement

• The author is not likely to succeed in the case because he has already accepted the amount of Rs. 10,00,000/- as full an final payment

• The author is not likely to succeed in the case because he has already accepted the amount of Rs. 10,00,000/- as full an final payment

Principle: A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interest.
Facts: X who is usually of sound mind, but occasionally of unsound mind enters into a contract with Y when he (X) is of unsound mind. Y came to know about this fact afterwards and now wants to file a suit against X.

• X cannot enter into contract because he is of unsound mind when he entered into contract

• X can enter into contract but the burden is on the other party to prove that he was of unsound mind at the time of contract

• X can enter into contract but the burden is on X to prove that he was of sound mind at the time of contract

• X can enter into contract but the burden is on X to prove that he was of sound mind at the time of contract

Principle: Whosoever commits any act forbidden by the Indian Penal code with a view to obtain the consent of any person to enter into an agreement, he cannot get the agreement enforced by law but the person whose consent has been so obtained may get the agreement enforced by law. The Indian Penal code defines various offences and prescribes punishments therefor.
Facts: A obtains the consent of B to enter into an agreement by an act amounting to criminal intimidation under the Indian Penal Code. A brings a case against B for performance of agreement.

• A will succeed in the case

• A may succeed in the case

• B will succeed in the case

• B will succeed in the case

Principle: A contract between the father and his son is a contract of utmost good faith. In such a
type of contract law presumes that at the time of entering into the contract the father was in a position to dominate the will of his son. Where one of the parties was in position to dominate the will of the other party, the contract is enforceable only at the option of the party whose will was so dominated.
Facts: Ram had advanced a sum of Rs. 10,000/- to his minor son Shyam. When Shyam became major, his father Ram misused his parental position and entered into an agreement with Shyam and obtained a bond from him for a sum of Rs. 30,000 in respect of the advance. Whether this agreement is enforceable?

• The agreement is enforceable against Shyam only for Rs. 10,000/-, the actual amount of money advanced to him

• The agreement is enforceable against Shyam for Rs. 30,000/- because he has signed the bond

• The agreement is enforceable against Shyam because he was major at the time of agreement

• The agreement is enforceable against Shyam because he was major at the time of agreement

Principle: When at the desire of one person, any other person has done or abstained from doing something, such act or abstinence or promise is called a consideration for the promise. Only a promise coupled with consideration is enforceable by law.
Facts: X, the uncle of Y, made a promise to pay him an amount of Rs. 10,000/- as reward if Y quits smoking and drinking within one year. X also deposited the above mentioned amount in a bank and informed Y that the said amount will be paid to him if he quits smoking and drinking within one year. Within a period of six months of making the promise X died. After the expiry of one year of making the promise by X, Y made a request to the legal heirs of X demanding the promised money. The legal heirs of X declined the request of Y.

• The promise of X to Y is enforceable by law because Y has quitted smoking and drinking

• The promise of X to Y is not enforceable by law because Y has benefitted by quitting smoking and drinking

• The promise of X to Y is enforceable by law because the amount of Rs. 10, 000/- has been deposited in a bank

• The promise of X to Y is enforceable by law because the amount of Rs. 10, 000/- has been deposited in a bank

Principle: ‘Work’ means literary work, artistic work, dramatic work, musical work, cinematographic film and sound recording but does not include acting in a cinematographic film. Only the works, as enumerated above, can be protected under copyright law.
Facts: A very famous actor acted in a cinematographic film. The actor was also the producer and director of cinematographic film.

• The acting of the actor can be protected under copyright law

• The acting of the actor can be protected under copyright law only as an artistic work

• The acting of the actor cannot be protected under copyright law

• The acting of the actor cannot be protected under copyright law

Principle: In case where the government is a party, the government shall be the first owner of the copyright in the work unless there is an agreement to the contrary.
Facts: The Government of the State of X entered into an agreement with a retired Professor of Botany. The Professor agreed to write a text book on Botany. The Government agreed to pay a sum of Rs. Ten Lacs to the Professor for this work

• The Government of the State of X shall be first owner of copyright in the text book

• The Professor shall be first owner of copyright in the text book

• Both the Government of the State of X and the Professor shall be the joint owners of copyright in the text book

• Both the Government of the State of X and the Professor shall be the joint owners of copyright in the text book

Principle: Licence is an agreement whereby the owner of the copyright agrees to grant an interest in the copyright to the licencee. Assignment is an agreement whereby the owner of the copyright transfers all the property rights to the assignee. Property right is a bundle of rights consisting of right to possess, right to use, right to alienate, and the right to exclude others.
Facts: A, an owner of copyright in a cinematographic film enters into an agreement with B, a film distributer. B agrees to distribute the film only in Mumbai. A also enters into many such agreements with other distributers for distribution of his film in other cities

• The agreement between A and B is more in the nature of assignment than in the nature of licence

• The agreement between A and B is more in the nature of licence than in the nature of assignment

• The agreement between A and B is both in the nature of assignment and licence

• The agreement between A and B is both in the nature of assignment and licence

359.

Principle: Qui facit per alium facit per se, i.e. he who does things through others does it himself.
Facts: Nisha, the owner of a car, asked her friend Saurabh to take her car and drive the same to her office. As the car was near her office, it hit a pedestrian Srikant on account of Saurabh’s negligent driving and injured him seriously. Now Srikant files a suit for damages against Nisha.

• Nisha is not liable as it was the negligence of Saurabh.

• Saurabh is solely liable as Nisha was not driving the car

• Nisha is liable as Saurabh was driving under her authority and for her purpose

• Nisha is liable as Saurabh was driving under her authority and for her purpose

Principle: Words describing quality of things cannot be registered as trade mark. However, such words may be registered as trade mark if they acquire a secondary meaning. Words acquire secondary meaning when people start associating the descriptive words with a person specific.
Facts: A hatchery located in Raipur is owned by ‘X’. X has been using the slogan “new laid eggs sold here” since 1970 to describe the quality of eggs sold in his hatchery. Over a period of time because of continuous use of this slogan, people started associating this slogan with X. X filed an application for registration of the words “new laid eggs” as trade mark in the year 1970

• The words will be registered as trade mark

• The words will not be registered as trade mark

• The words may be registered as trade mark

• The words may be registered as trade mark