Contract Act_Practical Problems_108

A, a merchant who is in Calcutta, makes an offer on telephone to sell his house to his friend B, who is in Bombay. B, hearing the offer on telephone, gives his acceptance instantaneously. Where and when do you think the contract is concluded? What would happen had the parties negotiated by post?

Contract Act_Practical Problems_107

A agrees to sell 2,000 shares of a company to B at Rs. 170 per share. B was to take delivery of the shares on 15th Feburary, 2008. By that date, there was depression in the share market and the value of the share had gone down to Rs. 80 only. B did not take delivery of the shares on 15th February, 2008. A retained the shares and ultimately sold them in September, 2008 at Rs. 170 per share. A files a suit against B for the recovery of Rs. 1,80,000 as damages. B contends that as A did not suffer any losses, he was not entitled to damages as claimed by the plaintiff. Decide the case.

Contract Act_Practical Problems_107

A agrees to sing at B’s theatre at the night on January 1, 2008 but falls ill and is unable to perform on the agreed date. B sues A for breach of contract and claim damages. Can A take plea of frustration ?

Contract Act_Practical Problems_106

A agreed to supply 500 picture tubes of color television at Rs. 3,000 per piece to Bon 1-1-2008. The goods were to be delivered within one month. On 15-1-2008, the Government announces enhancement in the excise duty leviable on these picture tubes and in consequence the cost price rose from Rs. 2,700 to Rs. 4,000 per tube. A declines to supply the goods. Discuss Can A take plea of frustration ?

Contract Act_Practical Problems_105

M’s son is bedridden and he needs money badly for his treatment. He agrees to dispose of his shop worth Rs. 5 lakh for Rs. One lakh only to N. After one month of the agreement, M applies for cancellation of the agreement on the ground of undue influence’. Will he succeed?

Contract Act_Practical Problems_104

A filed a suit against his brother B for possession of a half-share in the property which was alleged to be ancestral one. The suit was dismissed. Later on, to secure reconciliation and family peace, B executed a registered deed agreeing to transfer the half-share in the said property to A. A filed a suit for possession on the basis of this instrument. B raised the plea that the agreement was without consideration and hence void. Decide.

Contract Act_Practical Problems_103

B, a young wrestler of about 17½ years, looking much older than his age, procured a loan of Rs. 45,000 on interest at 12% per annum from M, a moneylender and executed a promissory note in his favour. B represented himself to be 21 years old at the time of getting the said loan. B invested Rs. 40,000 with a limited company on interest at 18% per annum and lost the remaining amount of Rs. 5,000 in gambling. However, the said company went into the liquidation and B’s entire investment was lost. When M filed a suit against B for recovery of the aforesaid amount, the latter pleaded ‘minority’. How will you adjudicate the matter?