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Case Discussion-2

Note: This being an open book case discussion, therefore the students are required to
mention the exact section with proper interpretation relevant in the particular case to
analyze.
Case no.1: X advertises in a newspaper that he would pay Rs.1, 000/- to anyone who
traces his missing son. Y traced that boy and claimed the amount of reward. State
whether Y is entitled to receive the amount of reward if (a) he did not know about the
reward, (b) if he knew about the reward?
Case no 2 : Good Girl soap co. advertised that it would give a reward of Rs.1,000/who developed skin disease after using Good Girl soap of the company for a certain
period according to the printed directions. Rakhi purchased the advertised Good Girl
soap and developed skin disease in spite of using the same according to the printed
instructions. She claimed reward of Rs.1,000/- . The company refused the reward on
the ground that offer was not made to her and that in any case she had not
communicated her acceptance of the offer. Decide whether Rakhi can claim the reward
or not.
Case no 3. Give reasons whether the following contract are valid, void or voidable
contract:
1. Kamla promises Ramesh to lend Rs.50,000/- in lieu of consideration that
Ramesh gets Kamlas marriage dissolved and he himself marries her.
2. Sohan agrees with Mohan to sell his black horse. Unknown to both the parties,
the horse was dead at the time of agreement.
3. Ram sells the goodwill of his shop to Shyam for Rs.4,00,000/- and promises not
to carry on such business forever and anywhere in India.
4. In an agreement between Prakash and Girish, there is a condition that they will
not institute legal proceeding against each other without consent.
Case 4: A, a merchant of Delhi, delivered goods to a public carrier for delivery to B,
the purchaser at Mumbai. On arrival of the goods at Mumbai, B paid the freight
and left the goods with the carrier with the instructions to deliver it to C, a
purchaser of the goods from B. In the meanwhile, the carrier received a
telephone message from A for stoppage of the goods in transit as B had become
insolvent. Can the carrier refuse to deliver the goods to C? Decide.

Case No.5: A minor falsely representing himself to be of age, entered into an


agreement to sell his house to B and received an advance of Rs.50,000/-.
Out of this sum, minor bought a motor cycle for Rs.30,000/- and spent the
rest of the money on pleasure trip to a hill station. After the minor has
attained majority, B sued him for conveyance of the property or refund of
Rs.50,000/- and damages. Will he succeed?
Case No.6: A, who is trying to sell an unsound horse, forges a veterinary surgeons
certificate, stating that the horse is sound and pins it on the stable door. B
comes to examine the horse but the certificate goes unnoticed by him. He
buys the horse and finds later on the horse to be unsound. He wants to avoid
the agreement under the plea that he has been defrauded. Will he succeed?
Case No.7

X sells a car by auction to Y, who is the highest bidder. Y offers to pay for
the car by a cheque and he is allowed to do so provided he signs a
document stating that the property in the car would not pass to him until the
amount of the cheque has been credited to the sellers account. The
cheque is subsequently dishonored. X asks Y to return back the car, as he
has not become the owner of the car because the cheque given by him
has been dishonored . Is X s contention justified?

Case 8:.X sells 150 bales of cotton to Y and sends 50 bales by motorcar and 100 bales
by railway. Y receives delivery of the bales sent by motorcar, but before he
receives the delivery of the bales by railway, he becomes insolvent. X, being still
unpaid, stops the goods in transit. The Official Receiver in Y's insolvency claims
the goods. Decide.
Case No.9 X Supplies rice and wheat to the wife and children of Y who is a idiot Y
has assets worth one lakh rupees. On non-payment can X proceed against
the assets of Y.
Case No.10 A advances Rs.50000/- to M, a Hindu married woman, to enable her to
obtain divorce from her husband. In return M agrees to marry A as soon as
she gets divorce. She obtains divorce but refuses to marry A. Can A recover
the money?
Case No.11: A was suffering from some disease and was in great pain. A doctor
agreed to treat him provided he signed a promissory note for Rs.10,000/- A
did so. After recovery he refused to honour the note. Decide whether he can
refuse.

Case No.12: A sold to B a tin of disinfectant powder. He knew that it would be


dangerous to open the tin without special care but he did not warn B, B
without the knowledge of the danger, opened the tin whereupon the power
flew into his eyes and injured him. B filed a suit for damages for the injury.
Will he succeed?
Case No.13: X delivers some jewellery to Y on sale or return without specifying any
time for its return in case of no-acceptance. Y allows the jewellery to remain
with himself without signifying his approval or refusal. After a month a
burglary takes place in Ys house and the jewellery is stolen. Can X sue Y
for the price of the jewellery?
Case No.14 A sells to B a certain quantity of sugar at A s warehouse. It is agreed that
B shall get two months credit. B allows the sugar to remain in As
warehouse. B becomes insolvent before the expiry of two months and the
official receiver demands delivery of the sugar without offering to pay. What
are the rights of A?
Case no 15:
Raman sold 100 quintals of rice to Suman, who paid by cheque. The
cheque was dishonoured upon presentation. Raman had given a delivery
order to Suman. Suman resold it to Gagan, a buyer in good faith, for
consideration, endorsing the delivery order to him. Raman refuses to deliver
the goods to Gagan, on the plea of non-payment. Advice Gagan

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