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i.

) Provide your judgement for the following cases: (10 marks)

(Co 1)
a. Aman has two visitors at his home, Dilip and Sahil. Aman had hired a taxi from Dilip the
previous week, for five days, at the rate of Rs. 1800 per day. Dilip has now come to
collect RS. 9000 for providing the taxi service. Sahil, Aman's friend, is jobless. He has
come to collect a donation to start out a small business. Aman had earlier said that he
would give him Rs. 40,000. Sahil had thanked him and was waiting to receive the
amount from him. Aman was short of funds and told both, Dilip and Sahil, that he could
not afford to give them the money and they should not come back again for the money.
There certainly is an agreement between Aman and Dilip, as wellas between Aman and
Sahil. Should Aman be made to respect both the agreements?
olreody
Amon showd egDeet Dilo's Aeereenout as he' hired
xi. And theve is ottey om Diip arceptne
qrom Aman a he hirod teiyi ronsideratlo o
Both oman t Diip
wnile with Sc hil, Anan hant any Consid oraon
goom a grearmat so he shouló not eg pet
Agraemat ith soahil

b.Abhayisin the business of making spurious.medicines, Mahim runs a shop and works
in consortto sell consignments supplied by Abhay. Mahim made an advance payment
of Rs. 5000 for a consignment. He was to pay the remaining Rs. 20,000 later. Soon after
Mahim received the goods, a raid was conducted by the law enforcement agency at his
premises. The agency confiscated the entire_stock sent by Abhay. Mahim is now
refusing to pay the remaining Rs. 20,000 to Abhay, while Abhay claimsthat there is a
contract between the parties and he must get his consideration. There is certainly a
contract between Abhay and Mahim. We have concluded so. far that contracts should be
enforced. Should this contract, however, be enforced?
The onbyoet is voi d &not entorceable by the
law becauge ? ilega aoodg

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ii) ldentify Offer &Acceptance: (10 marks)
(CO 1)
a. A person walked into a grocery store. A refrigerator,
mineral water, was kept next to the shopkeeper.Hestacked up with bottles of Kinley
pointed his finger towards the)
bottles. The shopkeeper picked up a bottle and gave it to
twenty Rupee note. The shopkeeper returned Rs. 10. In lesshimthanThe
a
person gave him a
walked out of the shop.quenching his thirst On a hot summer minute, the person
word was exchanged between the customer and the afternoon. Not a single
shopkeeper. Was an agreement
formed between the parties? Who offered and accepted?
Kcommunicate the offer and acceptance? How did the parties
yes Tmolied
Aeooptauo
otter.

b. An advertisement of an airline
3200. Call our airline at numberannounced on the bill
..." Ramesh called theboards: "Fly Mumbai-Delhi for Rs.
the next week. The airline refused to airline and asked for a ticket for
give a ticket for that fare.
airline had made an offer to sell the ticket and Ramesh insists that the
asking for a ticket. The airline disagrees. Is the he has accepted calling the airline and
by
this arrangement, who is making an offer? advertisement by the airline an offer? In

allire
(By rog
raling foy kicket )
N.P

Page 3 of 10
(10 marks)
iii.] Case study:
(CO1&2)

(Solve the case let providing adequate justification in the space below)
a) "A" the owner of four thoroughbred horses employed two trainers to look after them.Of
the pride of the stable. Being in dire
these horses "Toofan" a 3-year-old stallion wasaccordingly
financial straits, A decided to sell "Toofan" and informed his trainees to look
offered Rs. 150,000 for
out for prospective buyers. B approached the first trainer and that he won't
"Toofan", This price was telegraphed to A on 1.4.94. On 12.4.94 A sent a reply
telegraphed his
accept less than Rs 400,000 which was received on 15.4.94. On 17.4.944 B offer of Rs
another
acceptance of the price. Meanwhile on 12.4.94 the other trainer sent
425,000 which reached A on 19.4.94. A had already sent a letter of acceptance to B on
dated 19.4.94
18.4.94 which was received by B on the same day: so A sent a telegram offer. Now
revoking his acceptance and another to his other trainer accepting the second
both parties claim that they have a right to buy "Toofan.
ISSUE:
Which of the parties, B or the party brought by trainer 2 is entitled to get the horse Toofan?
Whose claim is valid?

12)4
BS Claim 9s vaid berauge A had 1514
afrondy Set le#eY o aoteptaee to B
1l4194 12
be'ng nad e on 18l419

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b) A Taxi service company operated on written
terms with its customers - "The taxi Service
willnot be responsible for any consequential or
for an airport drop. The taxi was to report at his indirect losses.". Acustomer bookeda taxi
office at 4:00PM. The taxi service failed to
turn up. The customer took a premium car costing Rs 500more to
his flight and got a refund of Rs 2,000. He bought another ticket for athe airport. He missed
later for Rs 7,000. flight leaving an hour
He claimed Rs 5,500 in damages from the taxi service. The taxi
had no liability to pay any damages. service maintained that they
1. Is the customer entitled to claim any damages?

ts (o00 - 900) sUoo s ndiset loss


Onnd tari Gezvite Cornpony s not reonsible tor th

2.Can the customer charge a penalty to the taxi service company?

Chonging peralty mfgt be di tarolt beye


on the'rongegueniy o7 Indhet lasses"
HoweveY, ogoin ,leg intoxpretation ond loa
lows ill de tezmine weates the uome

Con Sueastuly Choage a penty to the texi


Sevice Compomy

Page S of 10
V) Case Details
(10 marks)
(CO3 &4)
Explain the entire process of formation of contract for the following
cases:
1. Shopping in an off the shelf super market
2. Ordering a product on an e-commerce web-site

pYek the rodort


Py ncoumtez Arceptance

poduct dipy nopploato >


Add to Cwrt > er
prdot diegotehed Areplamee
iohiorenecoired

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