‘A’ and ‘B’ carry on motor repair business in partnership. Under the deed of partnership, ‘A’ has no power of borrowing money. ‘C’ a creditor, knowing nothing about restrictions on the power of ‘A’ for borrowing money, lends ‘A’ money for the use of the firm. Is the firm liable to ‘C’ for repayment of the money lent by him to ‘A’. Refer to statutory provisions and decided cases.
Wednesday, June 10, 2009
Contract Act_Practical Problems_96
A company agreed to supply one thousand blankets to ‘X’ by a particular date. Rupees 10, 000/- were paid as an advance to the company by ‘X’. Before the due date of performance of the contract, the company informed ‘X’, that it would not supply blankets on due date and that he should treat the contract as repudiated. ‘X’ did not accept the repudiation, and kept on demanding the supply till the last date/ due date of performance of the contract. In the meantime, war between India and China broke out, and all the stocks of the company were requisitioned by Government for military purposes. ‘X’ files a suit against the company for damages for breach of contract. Will he succeed? Decide by referring to the provisions of the Indian Contract Act and decided cases.
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