THE SCHOOL OF LAW

UNIVERSITY OF KASHMIR

SUBJECT.MOOT COURT
SUPERVISED BY Dr.Farhatul Aen
_________________________________
___

Submitted by: Faizan Farooq

Roll No: 18042122014
Semester: 7th(BALLB)
 BEFORE THE HONOURABLE
COURT OF MUNSIF, SRINAGAR,
UNION TERRITORY OF JAMMMU
AND KASHMIR

IN THE MATTER OF
Mr. Mohan Sarkar
(Plaintiff)
VERSUS
Mr. Sohan Das
(Defendant)
Memorial on the Behalf of the
Plaintiff or Respondent

1. STATEMENT OF JUSRISDICTION
2.SYNOPSIS OF FACTS
3.ISSUES RELATED
4. SUMMARY OF ARGUMENTS
5. BODY OF ARGUMENTS
 “STATEMENT OF JURISDICTION”
The Plaintiff in the present case has approached the
Hon’ble District Court of Srinagar under Section 73,
and Section 75 of the Indian Contract Act 1872.
The Respondent respectfully submits to this jurisdiction
invoked by the Plaintiff"

“STATEMENT OF FACTS”

Fact NO. 1
Sohan and Mohan are the two parties in the case and they
were the best friends as well as best business dealing
person. Mohan is actually from Hyderabad and Sohan is
belonging from the Bihar.

Fact NO. 2
On 1st November 2018 Mohan from his home addressed at
Hyderabad, wrote to Sohan at his addressed at Bhillai,
offering to sell him his customized Volkswagen Polo Motor
car, (which he has long admired) for Rs 5,00,000 the offer
to remain open until 5th November, 2018.

Fact NO. 3
On 2nd November Sohan received the offer and he went
Lucknow for some Business Purpose his letter was
delivered to Sohan’s Bhillai address on 3rd November,
2018. On 4th November, 2018, Sohan posted an
acceptance of the offer from Lucknow, addressed to
Mohan at his business address, (which was the address
from which Mohan usually conducted dealings with
Sohan) in Kondapur, Hyderabad.

Fact NO. 4
It was delivered there on 5th November, 2018 but as
Mohan was absent from his office on that day, and it
wasn’t read by him until 6th November, 2018. On 7th
November, 2018 Sohan returned home and read the letter
of revocation.

Fact NO. 5
Sohan claimed that a contract had been formed between
himself and Mohan, in that he had accepted the offer
either on 4th November, 2018 through the application of
the postal, or on the 5th November, 2018 when the letter
was delivered to Mohan’s place of business.

“ISSUES RAISED”
A. WHETHER THERE WAS ACONTRACT BETWEEN MOHAN
AND SOHAN.
B. WHETHER POSTAL CONTRACT IS VALID AS PER
THE INDIAN CONTRACT ACT 1872?
C. WHETHER THIS REVOCATION IS VALID AS PER THE
INDIAN CONTRACT ACT 1872?
D. WHETHER MOHAN BREACHED THE CONTRACT?
E. WHETHER MOHAN IS LIABLE FOR PAY COMPENSATION
FOR BREACH OF CONTRACT?
 “SUMMARY OF ARGUMENTS”
1. NO THERE WAS NO CONTRACT OR AGGREMENT
BETWEEN THEM.
Because as per the Indian contract act if one party agree to
sell something to someone this is not a contract or
agreement. In this case Mohan on 1st November what
happened on 1st November, 2018, Mohan, from his home
addressed at Hyderabad, wrote to Sohan at his addressed
at Bhillai, offering to sell him his customized Volkswagen
Polo Motor Car, (which he has long admired), for Rs. 5,
00,000 the offer to remain open until 5th November,
2018. But before the acceptance of offer by Sohan, Mohan
Revoke it.

2. YES, POSTAL CONTRACT ALSO VALID IF BOTH

PARTY AGREE FOR MAKING A CONTRACT WITH
POSTAL SYESTEM
According to the Indian Contract Act, When the person to
whom the proposal is made, signifies his assent thereto,
the proposal is said to be accepted. Thus, when a proposal
is assented to by the offeree, he is said to have accepted
the proposal. The communication of proposals, the
acceptance of proposals, and the revocation of proposals
and acceptance, respectively, are deemed to be made by
any act or omission of the party proposing, accepting or
revoking, by which he intends to communicate such
proposal, acceptance or revocation, or which has the
effect of communicating it.[2] The communication of an
acceptance is complete – as against the proposer when it
is put in a course of transmission to him so as to be out of
the power of the acceptor; as against the acceptor, when
it comes to the knowledge of the proposer.
The communication of an Acceptance is only complete
when the knowledge of the acceptance reaches the
proposer, the proposer receives i.e., the letter containing
the absolute and unqualified acceptance to the terms of
the offer. Here the words "Put in the course of
transmission "implies the Postal or telegram services can
be used.
Since the proposal has been communicated using the
postal service, any means of communication which is
faster than or at least equally efficient can be used to
communicate the acceptance. These methods are,
however, contingent to the provisions of the offer. If the
proposal specifies a particular method, then that method
should be followed. Also, if there is and urgency or the
time-period is limited, an appropriate method should be
used.

3. AS PER SECTION 5 OF INDIA CONTRACT ACT 1872

REVOCATION IS VALID.
Section 5 define revocation of its acceptance is complete
as against the proposal, but now afterwards. An
acceptance may be revoked at any time before its
acceptance is complete as against the acceptor, but not
afterwards. THERE WAS NO BREACH OF CONTRACT BY
MOHAN. Because no contract is made between Mohan
and Sohan.
Mohan already revokes the contract before its acceptance.
MOHAN IS ALSO NOT LIABLE TO PAY ANY COMPENSATION

“BODY OF ARGUMENTS/WRITTEN
PLEADINGS”
1. NO THERE WAS NO CONTRACT OR AGREEMENT
BETWEEN THEM.
Because as per the Indian contract act if one party agree
to sell something to someone this is not a contract or
agreement. In this case Mohan on 1st November what
happened on 1st November, 2018, Mohan, from his
home addressed at Hyderabad, wrote to Sohan at his
addressed at Bhillai, offering to sell him his customized
Volkswagen Polo Motor Car, (which he has long
admired), for Rs. 5, 00,000 the offer to remain open
until 5th November, 2018. But before the acceptance of
offer by Sohan, Mohan Revoke it. Now we can define a
contract and more importantly, understand what is
“Not” a contract. A contract is an accepted
proposal(agreement) that is fully understood by the law
and is legally defined or enforceable by the law. So, a
contract is a legal document that bestows upon the
parties’ special rights (defined by the contract itself)
and also obligations which are introduced, defined
and agreed upon by all the parties of the contract.

2. YES, POSTAL CONTRACT ALSO VALID IF BOOTH PARTY

AGREE FOR MAKING A CONTRACT WITH POSTAL
SYESTEM.
According to the Indian Contract Act, When the person to
whom the proposal is made, signifies his assent thereto,
the proposal is said to be accepted. Thus, when a
proposal is assented to by the offeree, he is said to have
accepted the proposal. The communication of proposals,
the acceptance of proposals, and the revocation of
proposals and acceptance, respectively, are deemed to
be made by any act or omission of the party proposing,
accepting or revoking, by which he intends to
communicate such proposal, acceptance or revocation,
or which has the effect of communicating it.
[2] The communication of an acceptance is complete – as
against the" "proposer when it is put in a course of
transmission to him so as to be out of the power of the
acceptor; as against the acceptor, when it comes to the
knowledge of the proposer.
The communication of an Acceptance is only complete
when the knowledge of the acceptance reaches the
proposer, the proposer receives i.e., the letter
containing the absolute and unqualified acceptance to
the terms of the offer. Here the words “put in the
course of transmission” implies that postal or
telegram services can be used.
Since the proposal has been communicated using the
postal service, any means of communication which is
faster than or at least equally efficient can be used to
communicate the acceptance. These methods are,
however, contingent to the provisions of the offer. If
the proposal specifies a particular method, then that
method should be followed. Also, if there is and urgency
or the time-period is limited, an appropriate method
should be used.

3. AS PER SECTION 5 OF INDIA CONTRACT ACT

1872 REVOCATION IS VALID.
Section 5 define revocation of its acceptance is complete
as against the proposal, but now afterwards. An
acceptance may be revoked at any time before its
acceptance is complete as against the acceptor, but not
afterwards.
The Indian Contract Act lays out the rules of revocation of
an offer in Section 5. It says the offer may be revoked any
time before the communication of the
acceptance is complete against the proposer/
offeror. Once the acceptance is communicated to
the proposer; revocation of the offer is now not possible.
Let us take the same example of before. A
accepts the offer and posts the letter on 10th July. B
gets the letter on 14th July. But for B (the proposer) the
acceptance has been communicated on
10th July itself. So, the revocation of
offer can only happen before the 10th of July."

Section 5 also states that acceptance can be

revoked until the communication of the acceptance is
completed against the acceptor. No revocation of
acceptance can happen after such date.
Again, from the above example, the communication of
the acceptance is complete against A(acceptor) on 14th
July. So, till that date, A can revoke his/her acceptance,
but not after such date. So technically between 10th and
14th July, A can decide to revoke the acceptance.
There was no breach of contract by Mohan.
Because no contract is made between Mohan
and Sohan. Mohan already revokes the
contract before its acceptance. So, Mohan is also
not liable to any compensation.
Because no contract is made between Mohan and Sohan.
Mohan already revokes the contract before its acceptance
We know that two very important aspects of a contract
are the offer and the acceptance of the offer.
However, in the practical world of business and
economics, the communication of the offer and the
acceptance and the timings of these are also very
important factors. Let us look at this communication
timeline and also learn about the revocation of an offer."