NATIONAL LAW UNIVERSITY, DELHI

B.A.LL.B.(HONS.), I-YEAR, II-SEMESTER (Batch of 2019)

Online Open Book Assessment (End-Semester), July/August-2020

Paper 2.1: Law of Contracts-I

Time: 72 Hours Total Marks: 20

Instructions:
1. Read the questions carefully and answer. No clarification can be sought on the question paper.
2. Do not write anything on the Question Paper except your Roll No.
3. The word limit should not be more than 2000 words.

Q1. (A) 10 Marks

During the Pandemic at his home, Kamal wanted to buy the book series of Amish Teepath, the famous
author. He searched at the Book Walla, a popular website for books, which was offering a set of the
complete series of 8 books at the price of Rs. 1500. As per the information on the site, Kamal
immediately sent an email to Book Walla ordering a set of the book series, and provided his credit card
details. He continued to search for further such series, and About one hour later he found another site,
Kitab Walla, which was offering the same book series for Rs. 900. He selected this set and moved to the
website's 'checkout' page, where he was asked to fill out a form, giving his details, including his credit
card number. He was then presented with a page with details of his order asking him to click on the
'confirm order' icon if he wished to proceed. Kamal did so. He then immediately sent a second email to
Book Walla cancelling his previous order. Five minutes later he received an email from Book Walla in
response to his original email, confirming that his order was being processed.
The next day Kamal received an email from Kitab Walla explaining that the price of Rs. 900 had been
posted in error, and that the real price was Rs. 1700. He also received a further email from Book Walla
stating that his second email had come too late; the processing of his order was continuing, and his
credit card would be charged with Rs. 1500.
Advise Kamal, (i) who wants to hold Kitab Walla to the price stated by it on the website, and (ii) does
not want to proceed with the transaction with Book Walla.
(B) 10 Marks
Prakash owns Tulip, a popular farmhouse for private parties and weddings. He contracts with Naturezz
Landscaping Ltd to landscape and beautify the farmhouse. The cost of the work will be Rs. 10 lacs.
Prakash makes it clear to Naturezz that it is important that the work is completed by 1st October, which
is the beginning of the wedding season. In addition, Prakash has told Naturezz that he has a contract to
host the auditions of a popular TV dance show at the Tulip farmhouse in the week beginning 15
October. He expects to make a profit of Rs. One Lakh out of this event.
The work is not completed until 7th October, which has the effect that Prakash is unable to open the
farmhouse for bookings until 11th October. On inspecting the work, Prakash discovers that a wooden
bridge built to cross a small lake, which was used for boating, has not been built to the correct
specification. While safe to carry ordinary cars, it will not take the weight of the vans and commercial
vehicles which will need to come on to the grounds for the dance show auditions. The event would have
to be cancelled. The cost of demolishing the bridge and rebuilding it to the correct specification is
estimated at Rs. 3 lacs.
Prakash is very upset by all these problems and has been diagnosed with a severe stress issue by his
doctor.
Advise Prakash as to the damages he may be able to recover as a result of Naturezz's breaches of
contract.