Tutorial 5

Case 1
• A proposes by a letter sent by post to sell his
house to B. The letter is posted on the 1st of
the month. B accepts the proposal by a letter
sent by a post on the 4th. The letter reaches A
on the 6th.
• When A can revoke his offer?
• When A and B can revoke their acceptance?
 Answer
• A may revoke his offer at any time before it is
accepted by B
• B can revoke the acceptance before 6th and A
can revoke the acceptance before 4th.
 Case 2
• A gifted the whole of his property to his son
on the condition that she should pay Rs. 200
p.m. to his uncle (father’s brother). On the
same day, the Son entered into an agreement
with his uncle to pay Rs. 200 p.m. Later he
refused to pay on the ground that she did not
receive any consideration from his uncle.
Advise him.
 Answer
• Son has to give Rs. 200 to his uncle as he is
receiving consideration from his father for
this. Consideration may move from the
promisee or any other person.
 Case 3
• A is aged 15 years. He enters into an
agreement with B for hiring out certain
machinery belonging to B. After the
agreement was signed, a backs out of the
agreement and b wants to enforce the same.
• Discuss with reasons whether B will succeed
or not.
 Answer
• B will not succeed. A is a minor and a contract
with and by a minor is void.
 Case 4
• A advances money to his son B during his
minority. Upon B’s coming of age, A obtains by
misuse of parental influence, a bond from B
for a greater amount that the sum due in
respect of the advance. Is B bound by Bond?
 Answer
• No, the contract is voidable at the option of B
as it is induced by undue influence.
 Case 5
• A tells his wife that he would commit suicide,
if she did not transfer her personal assets to
him. She does so. Can wife avoid contract?
Give reasons
 Answer
• Ans . Yes, consent is not free it is obtained by
coercion
 Case 6
• A, intends to make an offer to B and tells
about the offer to C. C communicated the
offer to B. B accepted the offer and informs
about his acceptance to A.
• Is there any valid contract between A and B?
Give reasons.
 Answer
• No, Offer must be communicated to the
offree
 Case 7
• Sneha was badly in need of money so she
sold her piano of Rs.15000 for Rs. 1000.
• Afterwards Sneha seeks to set aside the
contract on the grounds of inadequacy of
consideration..
• Will Sneha succeed ? Give reasons.
 Answer
• No, consideration need not to be adequate
 Case 8
• Jeevan, a minor, entered into a contract with
Rohit, a noted billiards player, to pay him a
certain sum of money to learn the game and
play matches. Rohit gave him coaching for
the same. Can Rohit claim the fees from
Jeevan? Explain.
 Answer
• Yes, but Jeevan’s estate is liable as contract is
beneficial for the minor
 Case 9
• Ravish offered by a letter to buy Sahir’s
motorbike for Rs 50,000/, adding “If I hear no
answer from you. I shall consider the
motorbike as mine”. No answer was given by
Sahir. Is there any contract? Give reasons.
 Case 10
• Alisha picks up a packet of sugar with a label
stating the price as Rs.30/- at Best Price store,
but the cashier tells her that the correct price
for the packet of sugar is Rs.52/- and takes it
back from Alisha. Is the seller liable to sell that
packet of sugar at the price of Rs. 30/-? Give
reasons in support of your answer.
 Case 11
• Mr. Dev, an agent of Kanjhi Bhai & Co refused
to hand over the account books to Mr. Raj, the
new agent sent in his place, unless Kanjhi Bhai
& Co released him from all his liabilities. Kanjhi
Bhai & Co had to give a release deed as
demanded. Is this release deed a valid
contract? Give reasons in support of your
answer.
 Case 12
• Mr. Maninder agrees to build a house for Mr. Arijit
in six months from the date of the contract for Rs.
50 Lacs. But after he started the work the rate of
raw materials increased. Now, it is not profitable
for Mr. Maninder to build the house for Rs. 50 lacs?
Mr. Maninder claimed to discharge the contract by
supervening Impossibility of performance. Will he
succeed? Give full reasons for your answer
 Case 13
• For a loan of 15,000 to be received in three annual
installments, A (the borrower) executed a simple
mortgage of his property in favour of B (the lender) the
borrower receiving 5,000 towards the first installment,
at the time of executing the mortgage deed. Examine
the rights of A on the mortgage deed, and respecting
the money paid over to A: (i) If B did not know that A
was a minor. (ii) If B knew that A was a minor. (iii) If A
fraudulently misrepresented his age. (iv) If the moneys
paid to A were required for advanced studies abroad.
 Case 14
• A knows that the car he was buying from B
was ten years old although B has represented
that he had purchased it new only four years
ago. Can A cancel the contract on the ground
of fraud ? Give reason
 Case 15
• A husband promised to pay his wife a
household allowance of Rs. 3000 every
month. Later the parties separated and the
husband failed to pay the amount. The wife
sued for the allowance. Would she win the
case ? Give reason
 Case 16
A, being in dire need of money, sells his new car
purchased two months ago at a cost of
Rs.1,72,000 for Rs.11,000. Afterwards A seeks
to set aside the contract on the ground of
inadequacy of consideration. Will he succeed ?
Give reason
 Case 17
• X tells Y in the course of a conversation with
him that he will give Rs 10,000 to anyone who
marries his daughter with his consent. Y
marries with the daughter of X with X's
consent. Is he entitled to recover this
amount ? Give reason
 Case 18
• A sees a rate book displayed in a shop. It is
labelled “First Edition “ `Rs. 55'. A enters the
shop and puts Rs 55 on the counter and asks
for the book. The bookseller does not agree to
sell saying that the real price of the book is Rs.
95 and that it had been marked as Rs 55 by
mistake.Is the bookseller bound to sell the
book for Rs.55? Give reason
 Case 19
• An artist undertook to perform at a concert
for certain price . Before she could do so , She
was taken seriously ill . Is the contract
discharged ? Give reason.
 Case 20
• A agreed to supply to B certain goods to be
procured from Algeria . The goods could not
be produced due to roits and civil disturbance
in that country . Is the contract discharged ?
Give reason.
 Case 21
• A , wholesaler , entered into a contract with B
for the sale of certain types of goods to be
produced by C , a manufacturer of that cloth
but C did not manufacture that cloth . Is the
contract between A and B discharged ?
 Case 22
• X polished Y’s shoes without being asked by Y
to do so. Y does not make any attempt to stop
X from polishing the shoes. Is Y bound to make
payment to X?
 Case 23
• X agrees to pay Rs 100000 to Y if Y does not
marry throughout his life. Y promises not to
marry at all but later on refuses to pay Rs
100000. Advise