Question:medium

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.

Show Hint

An agreement can be formed through the conduct of the parties, such as offering payment through cheque.
Updated On: Jul 15, 2026
  • A entered into an agreement with B.
  • A did not enter into an agreement with B.
  • Payment of tooth brush cannot be made through a cheque.
  • A should have carried a currency note of Rupees twenty to make the payment.
Show Solution

The Correct Option is A

Approach Solution - 1

Break the principle into its three recognized modes of forming an agreement: orally, in writing, or by conduct. Then identify which mode, if any, appears in the facts.

  1. Oral mode: The facts do not mention any spoken words exchanged between A and B, so this mode is not directly present.
  2. Written mode: There is no written contract described either, only the physical acts of picking up an item and issuing a cheque.
  3. Conduct mode: A picked up the toothbrush, an act showing intent to buy, and handed over a cheque, an act showing intent to pay, then left the shop. These actions together form a complete transaction through conduct, which the principle expressly recognizes as valid.
  4. Ruling out the other options: Since conduct is enough to form the agreement, claims that no agreement was formed, or that the payment method itself was invalid, do not follow from the principle, which is silent on the form of payment.

Because conduct alone is a recognized way to form an agreement, A's actions of taking the toothbrush and paying by cheque show that an agreement was formed with B.

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

Was this answer helpful?
0
Show Solution

Approach Solution -2

We can test each option by assuming it is true and checking it against the plain fact that A picked up the toothbrush and handed B a cheque before leaving, conduct the principle expressly recognizes as capable of forming an agreement.

  1. A did not enter into an agreement with B: Assuming this true is contradicted directly, since picking up an item and paying by cheque before leaving is conduct, and the principle recognizes conduct as sufficient on its own to form an agreement.
  2. Payment of tooth brush cannot be made through a cheque: Assuming this true is contradicted by the principle's silence on payment mode; there is no stated rule against a cheque for this to violate.
  3. A should have carried a currency note of Rupees twenty: Assuming this true runs into the same contradiction, the principle imposes no requirement about the form of payment at all.
  4. A entered into an agreement with B: Assuming this true is consistent with the facts and the principle without any contradiction, since A's conduct fits squarely within the recognized mode of forming an agreement by conduct.

Only the assumption that an agreement was formed survives, since A's conduct at the shop matches exactly what the principle accepts as a valid way of entering into an agreement.

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

Was this answer helpful?
0

Top Questions on Contract Law


Questions Asked in CLAT exam