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BA.LL.B 5 YEARS PROGRAMME

BA.LL.B (3) 2021-2022

MOOT COURT PROBLEM:-02

ON SUBMISSION TO THE HON’BLE DISTRICT COURT OF DELHI

IN THE CIVIL SUIT NO. ________ 2021

Mr. AJAY. Plaintiff

V.

MS. KAJAL.. Defendant

MEMORIAL FOR THE PLANTIFF

GITARATTAN INTERNATIONAL BUSINESS SCHOOL.

Drawn and filed by the Counsel for the Plantiff

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MEMORANDUM ON BEHALF OF PLANTIFF
 TABLE OF CONTENT

SL.NO. TITLE

1. Table of cases

2. List abbreviations

3. Index of authorities

4. Statement of facts

5. Statement of jurisdiction

6. Statement of issues

7. Statement of arguments

8. Arguments advance

9. Prayer

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MEMORANDUM ON BEHALF OF PLANTIFF
 TABLE OF CASES

1. Leslie Ltd. V Sheill (1914) 3K.B.607

2.  Mohri Bibee V/S Dharmodas Ghose [1] 1903

3. Khan Gul Vs. Lakha Singh AIR 1928 Lah 609

4. Ajudhua Prasad vs Chandan Lal Case (1937 All

HC)

5.TR. Appaswami Aiyangar vs Naryanaswami Aiyer And Ors. 28 March 1930

6. Batchu Veetaiah vs Chepuri Sarraju on 7 August ,1958

7.Vaikuntra Pillai Minor By... vs Athimoolam Chettiar 2 April, 1914

8.

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MEMORANDUM ON BEHALF OF PLANTIFF
 LIST OF ABBREVIATIONS

Rs. Rupees

req. Request

const Construction

compen. Compensation

aggr Agreement

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MEMORANDUM ON BEHALF OF PLANTIFF
 INDEX OF AUTHORITIES

BOOKS:
1. R.K. BANGIA: INDIAN CONTRACT ACT
2. . AVATAR SINGH: CONTRACT AND SPECIFIC RELIEF
3.SURENDRA SAHAI SRIVASTAVA: LAW OF CONTACT- I AND II

STATUTARY COMPILATIONS:
 INDIAN CONTRACT ACT, 1872

WEBSITES:-

Sr. No Research Database

1 www.indiankanoon.con

2 www.manupatra.com

3 www.legalserviceindia.com

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MEMORANDUM ON BEHALF OF PLANTIFF
 STATEMENT OF FACTS

1. Ms. Kajal (Defendant), a minor, who was renowned film star of sixteen years
of age, wanted a small party house and a swimming pool in her garden. By
misrepresenting that she is a major, she put the task out to tender and accepted
the offer of Mr. Ajay, a building contractor, who agreed to do the work for
Rs.5,00,000/-.

2.Both the parties knew that this was an unrealistically low price contract and
there is no change that const can be completed in this much amount but still Mr.
Ajay began the construction work.

3.After the completion of party house, Mr. Ajay began const of the swimming
pool and ran out of money & materials for further const. Kajal told Ajay that he
can continue to work with his own money because she had arranged a poolside
party to which she had invited top film directors from whom she hoped to win
new leading roles and was desperate to have the pool completed as stipulated.
She will return the amount when she secures her next contract of movie.

4.Mr. Ajay accepted defendant req. and complete the const by spending Rs.
3,00,000/- from his own pocket.

5.The party was a success and Kajalwas awarded the starring role in the new
movie and new film was a complete flop. She then found herself unable to pay
the amount of Rs.3,00,000/- to Mr. Ajay.

6. Mr. Ajay compelled Kajal to dance for which he will release Kajal from her
debt in the party which he organized in which he invited rich people, relatives,
and friends in order to secure contracts regarding building const. Defendant

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agreed for this but before the party she got sprain in her legs during the
rehearsals. Then she didn’t perform in the party.

7.On the eighteenth birthday of Kajal both the parties to alter the contract that
defendant will repay the amount in EMIs of 10,000/per month. Defendant later
found that the const of party house and swimming pool was done very badly;
low quality material was used in the constr.

8.She estimated that the const would not have cost more than 3,50,000, to Mr.
Ajay. Kajal dispose-off the property in Rs.9,00,000 without giving single penny
to Plaintiff because of his foul play in construction. Plaintiff started to put
enormous pressure on Defendant to recover the money. But he couldn’t recover
after waiting for reasonable time, so Mr. Ajay gave notice for repayment within
15 days, but no reply was given by Kajal and hence this suit.

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MEMORANDUM ON BEHALF OF PLANTIFF
 STATEMENT OF JURISDICTION

The Learned Civil Judge of the District Court of Delhi has the inherent
jurisdiction to try, entertain and dispose the present case by virtue of its
pecuniary jurisdiction, where in Delhi the Court of Learned Civil Judge has the
jurisdiction to try suit in which the amount claimed does not exceed a sum of
Rupees 3 lakhs.

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MEMORANDUM ON BEHALF OF PLANTIFF
 STATEMENT OF ISSUES

ISSUE 1: Whether the 1st and 2nd contract is valid or not?

ISSUE 2: Whether there is a breach of contract under Indian Contact Act 1872
or not??

ISSUE 3: Whether Plaintiff can recover money from Defendant?

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MEMORANDUM ON BEHALF OF PLANTIFF
 STATEMENT OF ARGUMENTS
ISSUE 1.Whether the 1st and 2nd contract are valid or not?

The first contract is a case of misrepresentation and Mr. Ajay on humanity

ground altered the contract and agreed to a new contract and amount to be paid
with Ms Kajal. The contract entered on Ms. Kajal’s 18th birthday is valid and
should be honoured. It has all the essential elements of being a valid contract.
And the defendant has achieved majority and is legally bound to pay the money
as agreed. There is no case for lack of funds since she disposed the property and
has enough money to pay the plaintiff.

ISSUE2. Whether there is a breach of contract under Indian Contact Act

1872 or not?

A breach of contract occurs when a party to a contract fails to fullfill its

obligations, whether partially or wholly, as described in the contract, or
communicates an intent to fail the obligation or otherwise appears not to be able to
perform its obligation under the contract. Where there is a breach of contract, the
resulting damages will have to be paid by the party breaching the contract to the
aggrieved party. In the above case kajal failed to fulfill the contract three times,
first, when she failed to pay the sum of Rs. 3,00,000/- after the completion of her
film which she promised to Mr. Ajay. Second, when Mr. Ajay agreed on to finish
her debt if she agrees on to dance in her party in which she failed again.And at last
when both agreed on humanity grounds agreed to alter the contract with Rs.
10,000/- Easy Monthly Installments (EMIs) summing up to the original debt of Rs.
300000/- but kajal failed to do the same and also decided to dispose of the
property without notifying to Mr. Ajay and also decided not to give a single penny
to him and resulting in breach of the contract. So clearly, there was a breach of
contract by the plantiff (Ms. Kajal) According to section 37 of the Indian
Contract Act.

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MEMORANDUM ON BEHALF OF PLANTIFF
ISSUE3. Whether Plaintiff can recover money from Defendant?

ARGUMENTS ADVANCED
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MEMORANDUM ON BEHALF OF PLANTIFF
ISSUE 1. Whether the 1st and 2nd contract is valid or not?

ISSUE 2.Whether there is a breach of contract under Indian Contact Act

1872 or not?

A breach of contract occurs when the aggr is not kept, because one party to the
contract does not fulfill their obligation according to its terms.

A breach can occur if a party fails to perform within the time frame specified in
the contract, does not perform in accordance with the terms of the aggr, or fails to
perform whatsoever.

If one party fails to perform while the other party fulfills her duties under the
contract, the performing party is entitled to legal remedies for breach of contract.

In the above case kajal failed to fulfill the contract three times:-

first, when she failed to pay the sum of Rs. 3,00,000/- after the completion of her
film which she promised to Mr. Ajay.

Second, when Mr. Ajay agreed on to finish her debt if she agrees on to dance in
her party in which she failed again.

And at last when both agreed on humanity grounds agreed to alter the contract
with Rs. 10,000/- Easy Monthly Installments (EMIs) summing up to the original
debt of Rs. 300000/- but kajal failed to do the same and also decided to dispose of
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MEMORANDUM ON BEHALF OF PLANTIFF
 the property without notifying to Mr. Ajay and also decided not to give a single
penny to him and resulting in breach of the contract.

The defendant is liable to pay the compen. to the plaintiff under section 73 of
Indian Contract Act, 1872 :-

Compen. for loss or damage caused by breach of contract.—When a contract has

been broken, the party who suffers by such breach is entitled to receive, from the
party who has broken the contract, compen. for any loss or damage caused to him
thereby, which naturally arose in the usual course of things from such breach, or
which the parties knew, when they made the contract, to be likely to result from
the breach of it.

Explanation - In estimating the loss or damage arising from a breach of contract,

the means which existed of remedying the inconvenience caused by the non-
performance of the contract must be taken into account

RELATED CASE

. Leslie Ltd. V Sheill (1914) 3K.B.607

In this case, defendant obtained loans of 200$ from plantiff by

fraudulently misrepresenting that he has attained the age of
majority at the time of the contract and then refused to pay the
money by taking the advantage of being a minor. So the defendent
sued him to recover the money. Court later held that the minor is
entitled to repudiate the tractions on attaining the age of majority.

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MEMORANDUM ON BEHALF OF PLANTIFF
GIVEN CASE

In this case, defendant entred into a contract with a plantiff by falsly representing
her age as majority and obtained loan of Rs. 30,00,000/- from the plantiff with a
promise of repaying it later but was not able to repay it. Also both the parties on
humanity ground altered the contract when the defendant attaines the age of
majority and again she promised to pay the amount but later refuses. So , the
defendant here is liable to pay the amount as now she has attained the age of
majority and therefore the court held that the minor is entitled to repudiate the
tractions on attaining the age of majority.

RELATED CASES

1. Mohri Bibee V/S Dharmodas Ghose [1] 1903

2. Khan Gul Vs. Lakha Singh AIR 1928 Lah 609

ISSUE3.Whether Plaintiff can recover money from Defendant?

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MEMORANDUM ON BEHALF OF PLANTIFF
 PRAYER

In the light of the facts, stated, issues raised and arguments advanced, it is
therefore humbly prayed that the honourable court may be pleaded to
pass a judgement and a decree against the defendant and in favour of the
plaintiff and graciously adjudge and declare:

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MEMORANDUM ON BEHALF OF PLANTIFF