COVER

0001

IN THE

LEARNED JODHPUR DISTRICT COURT

AT JODHPUR

IN THE MATTERS OF

MR. KARAN,…………………………………………PLAINTIFF

( REPRESENTED BY HIMSELF)

v.

RELIANCE INC. ,……………………………………………………DEFENDANT

(REPRESENTED BY THE PURCHASE MANAGER OF RELIANCE INC.)

[UNDER SECTION OF THE CODE OF CIVIL PROCEDURE,1908]

MEMORIAL ON BEHALF OF THE DEFENDANT

i
 TABLE OF CONTENTS

INDEX OF AUTHORITIES..................................................................................................iii

STATEMENT OF JURISDICTION....................................................................................iiv

STATEMENT OF FACTS........................................................Error! Bookmark not defined.

ISSUES FOR CONSIDERATION........................................................................................vi

SUMMARY OF ARGUMENTS...........................................................................................vii

ARGUMENTS ADVANCED...............................................................................................viii

PRAYER FOR RELIEF..........................................................................................................x

ii
 INDEX OF AUTHORITIES

Books

. Pollock & mulla’s , 'India contract and specific relief acts' (thirteenth edition)

………………………..............vii

Cases

FISHER V BELL [1961] 1 QB 394 (DC),

…………………………………………………………………………..viii

Pharmaceutical society of great britain v Boots cash chemists [1953] 1 ALL ER 482 (CA) ]
………………………………….. …..………………………………………………………………………...viii

Harvey v facey 1893 AC 5521………………………………………………………………………………………viii.

Statutes

Section 2(a), The Indian Contracts Act,1872………………………………………………viii

1
Harvey v facey 1893 AC 552
iii
 STATEMENT OF JURISDICTION

The Petitioners most humbly submit that this Learned district Court of jodhpur has the

jurisdiction to hear the present matters of :

Civil Petition No. 000I OF 2022 filed under Section IX of the Code of Civil Procedure,1908

All of which is urged in detail in the written submission and is submitted most respectfully

iv
 STATEMENT OF FACTS

I. Reliance fresh store, mandore road Kishore bagh, has a section named “reli-med”

that sells medicines and emergency pharmaceutical products , and displays the

medicines in stock on shelves available for customer’s purchase.

II. Karan who stays in Kishore bag visits the store to purchase nitroglycerin capsules for

his father who suffers from heart attack condition known as Angina.

III. Karan’s father suddenly had pain in his chest , karan saw that he run out of capsule.

IV. He went Reli -med picked up only remaining bottle of tablets and kept the amount on

the desk .

V. The bottle could not be punched due to bar code issue. He quickly rushed to the

nearest hospital and got a bottle. It was too late as his father has succumbed to the

pain.

VI. Karan files a suit against Reliance inc. claiming that a contract was in existence the

moment he offered to pay , thus refusal is breach of contract and claimed damages for

the loss of his father.

Hence, the present matter before this Learned Court.

v
 ISSUES FOR CONSIDERATION

1. Whether the display of goods constitutes a valid offer or an invitation to offer?

2. Whether the refusal to sell a displayed product amounts to breach of contract ?

vi
 I. THERE IS NO VALID OFFER BUT MERE INVITATION OF OFFER.

There was no valid offer as defined in section 2(a),Indian contract act1 its a mere

invitation to offer as defined in Pollock & mulla’s , 'India contract and specific relief

acts' (thirteenth edition) as neither quotation of prices nor a letter asking for terms

are offers . where orders are invited a contract comes into being only when the invitee

places an order and the acceptor accepts the same , here in our case the staff politely

replied that he would not be able to sell the tablets on prudent grounds such as the

bottle could not be punched into billing system due to bar code issue.

II. THE INVITATION TO OFFER COULD NOT TRANSFORM INTO A

CONTRACT . HENCE NO BREACH.

As a general rule these are not offers but invitations , HOW DO WE DECIDE

THAT? the test lies in the intention of the maker . the statement is an offer if person

making the statement shows the intention to be bound immediately on acceptance it is

conditional on several factors i.e. barcode must scan, price tag must be clear, expiry

date of product, that didn’t reach the stage,

vii
 ARGUMENTS ADVANCED

1. THE DISPLAY OF GOODS IN A SHOP WITH PRICE CHITS ATTACHED IS

INVITATION AND NOT AN OFFER EVEN IF THERE IS SELF SEVICE.

1.1According to Fisher v bell [1961] 1 QB 394 (DC)2 the court held that in accordance with

the general principles of contract law , the display of knife was not an offer merely an

invitation to treat in ordinary language it might not seem so in legal terms its position in

window is inviting customers to offer to buy it, thus no liability arose .

1.2 This was so held in Pharmaceutical society of great britian v boots cash chemists

[1953] 1 ALL ER 482 (CA)3. LORD GODDARG CJ said it would be wrong to say that the

shopkeeper is making an offer to sell every article in the shop to any person who might come

in and can insist on buying any article by saying ‘I accept your offer’. Similarly , in our case

the staff refused to sell the tablets .

2. THE INVITOR DID NOT ACCEPT THE SAME.

2.1 the privy council in Harvey v facey 1893 AC 552 4 . where a party without expressing

his willingness , proposes certain terms and conditions on which he is willing to negotiate , he

Fisher v bell [1960] 3 ALL ER 731

3
Pharmaceutical society of great britian v boots cash chemists [1953] 1 ALL ER 482 (CA)
4
Harvey v facey 1893 AC 552
viii
does not make an offer but only invites the other parties to make an offer on those terms and

then he can accept or reject the claim. Similarly staff member rejected karan’s offer due to

incompletion of terms and conditions.

ix
eld by the supreme

PRAYER FOR RELIEF

Wherefore, in the light of facts stated, issues raised, arguments advanced, and authorities

cited, it is most humbly and respectfully prayed before this Learned Civil Court of Jodhpur,

that it may be pleased to declare that –

1. The goods displayed in the medical store were an invitation to offer and not an offer

hence it’s not binding.

2. There has been no acceptance so the invitation could not transform into contract.

declare that plaintiff`s claim are not admissible.

And further, grant any other relief or pass any order in favour of the Defendant, which

this Learned Civil Court may deem fit in the ends of justice and good conscience.

All of which is most humbly and respectfully submitted before this Court.

Date: 16th August, 2022 Counsel No. XYZ006

Place: jodhpur (Counsel for the

Defendant)