Professional Documents
Culture Documents
Assignment of Business Law: Nisa - Idrisi@g.bracu - Ac.bd
Assignment of Business Law: Nisa - Idrisi@g.bracu - Ac.bd
Prepared by:
Nisa Idrisi
Id:17305014
Email: nisa.idrisi@g.bracu.ac.bd
Takia Chowdhury
Id:19109002
Email: takia.chowdhury@g.bracu.ac.bd
Kawsar Jamil
Id:19104019
Email: asm.kawsar.jamil@g.bracu.ac.bd
Israt Jahan
Id:19104101
Email: israt.jahan3@g.bracu.ac.bd
Marufa Binta Mizan
Id: 20104019
Email: Marufamizan8@gmail.com
Md.Tahmid Rahman
Id: 19204067
Email: md.tahmid.rahman@g.bracu.ac.bd
Md Tanveer Al Faisal
ID: 19101392
Email: md.tanveer.al.faisal@g.bracu.ac.bd
Prepared for:
Barrister Md. Farid Uddin
Lecturer,Brac university
Submission date:01.01.21
Q1. Sa Re Ga Ma Pa Winner, Ms. Niharika Sen, agreed to sing for Bangla Lion wireless
internet in Bangladesh and entered in to a contract with them to sing in their day long
concert to be arranged for launching their 'Outdoor' product on January 07, 2020 and
accordingly, arrangements were made and singer also arrived at Dhaka little early.
Thus, Bangla Lion management became angry against Ms. Sen and like to take legal
action for breach of contract and issued show-cause notice asking why injunction
would not be asked from the court in order to restrain her to sing for the new sponsor.
But, the legal counsel for Ms. Sen replied saying, "since there was no negative
obligation in the contract which his client entered with the Bangla Lion Bangladesh"
there can't be an injunction in this particular situation, however, for breach of contract
his client is ready to pay damages.
Secondly, Ms Sen was supposed to sing for the concert on January 07, 2020, where there was a
reciprocal promise that Ms Sen would get her remuneration after her performance of the concert.
As there was no advance payment, the loss that Bangla Lion agency faced is nominal. However,
as Ms Sen refused to perform her obligation for which the management of Bangla Lion
Bangladesh suffered, he can get nominal damage and compensation, which is a usual remedy for
breaching the contract.
To conclude, after considering all the issues mentioned above, we can decide that as there were
no negative obligations in the contract done by Ms Sen and Bangla Lion agency, there will be no
injunction. Secondly, as Ms Sen breached the contract, she has to pay the nominal damage and
compensation. There are also some relevant cases for these issues such as Kanti Ram Shil vs
Sumitra Devi, Ahad Ali vs Enayentulla.
Q:2: Mr.A, an elderly descendant from the Laksam Nabab family, while in need of cash
fund handed over an old Longcase clock with ornamental engraved designs on it (in fact,
an antique) to an Auction House at Dhaka tosell the same in public auction for him and
informed them that the above clock should not be sold below an amount of Tk. 250,000.
One Mr. Rahman (an antique collector having good knowledge of antiques and their
values) became interested on it and followed the items on different auction dates and found
that nobody is bidding for the same for more than Tk. 1,00,000/-
or so (not understanding the real value of it). But he still keeps on waiting and finally
bought it for Tk. 150,000/-having knowledge of the 'reserved price' for the said item, which
was earlier fixed at Tk. 250,000/-.In terms of the auction, Mr. Rahman paid Tk. 150,000/-to
the Auction House and took delivery of the Longcase clock accordingly.While the Auction
House asks the owner of the Longcase clock(Mr. A) to take the sale proceeds of the auction
sell, he (Mr. A) refuses to accept the same from the Auction House saying that they cannot
sell the antique below the price set by him earlier (which is taka 250,000/-). However, the
Auction house verbally replied that they have done nothing illegal and as such, they are not
bound to give any formal reply to his allegations.
The antique owner (Mr. A) came to you for advice.
Advise him.
In this given case, Mr A needs to prove that Mr Rahman knew about the reserved price and knew
antique as Mr Rahman is an antique collector and knew about the reserved price. Still he tracked
that Longcase clock in so many auctions and observed that no one bids more than 1,00,000Tk.
So, he bid 1,50,000Tk in the auction and took the clock at a lower than reserved price. If all these
things get proved by Mr A, he can claim for only 1,00,000Tk as the sale is not binding and only
ask for the left reserved amount, or he can claim to return his property. On the other hand, if he
fails to prove that Mr Rahman was aware of the reserved price, the auctioneer can take him to
court as he is the double capacity according to law to have those left reservations.