LAWS FOR BUSINESS- CASE PRESENTAION

Group INaveen AnilSuraj.SAkhil Chand

CASE .1

Naveen Anil

Adv. Ambiraj v/s Nejesh

Adv.Ambiraj is a law practioner and Nejesh is a minor. A contract gets formed according to which Adv. Ambiraj has to safeguard Nejesh’s property for certain consideration from Nejesh. Afterwards Nejesh comes across to default remuneration to Ambiraj. And refusing to pay stating that he is a minor. So Ambiraj sued Nejesh.

FACTS RELATED WITH THE CASE

Ambiraj entered into contract to safeguard Nejesh’s propertyNejesh defaulted the consideration agreed to pay to Adv.AmbirajNejesh refused to pay stating that he is a minorAdv.Ambiraj sued Nejesh for his remuneration

FACTUAL ANALYSIS

Advocate v/s minorValidity of contract is questionable

ISSUES IN THIS CASE

● Issue no:1 Can Nejesh enter a valid contract with Adv.Ambiraj ?● Issue no:2 Will Nejesh be protected because he is a minor ?● Issue no:3 Is there any chance for Ambiraj to get paid ?

ISSUE ANALYSIS

● Issue no.1Can Nejesh enter a valid contract with Adv.Ambiraj?

Ans. No, he can’t.An agreement by a minor is void and

inoperative ab initio.

• Issue no.2

Will Nejesh be protected because he is a minor ?

Ans.No, he won’t beA minor is liable to pay for necessariesAccording to sec.68 of Act,” If a minor,

incapable of entering into a contract,or anyone whom he is legallybound to support, is supplied by another person with necessities suited to his condition of his life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person”

• Issue no.3

Is there any chance for Ambiraj to get paid ?

Ans.Yes, there is.A legal advice is considered to be necessary

according to sec.68 of Contracts Act.

DECISION OF THE CASE

Though it is a minor contract, it is valid as it is made of necessaries. So Nejesh will be made liable to pay to Adv. Ambiraj his remuneration.

REFERENCE

Polaram v/s Ayubkhan

CASE ANALYSIS

Suraj S

Case

● X bought an used car from Y for an installment of 11 months. X gave Rs 25,000 to Y when X received the car. In the contract made by X and Y, it is stated that the remaining amount must be made in monthly installments for 11 months at a payment of Rs 3,500 each month. It is also stated that if X fails to pay installments in any month, Y can hold back the car from X. After 4 successful installments, X

failed to pay the fifth month’s installment. Y took back the car from X. X filed a case in the court against Y for taking back the car from him after X paid the advance and also four month’s installments to Y.

Facts related with the case

● X paid an advance of Rs 25,000 to Y for buying his car and the remaining amount as installments for 11 months at a payment of Rs 3,500 each month.

● Y revocate the car from X after X failed to pay the installment as specified in the contract.

● X files a case against Y for revocating the car from him.

Issues related to the case

Is it a valid contract ?

Breach of contract

Issue Analysis

● Is it a valid contract?

Yes, it is a valid contract. Contract is valid as there was an agreement being made by the two parties. According to Section 10 of the Indian Contract Act, all agreements are contracts if they are made under the free consent of the parties competent to contract, for a lawful consideration and with a lawful object and are not expressly declared to be void.

● Is there a breach of contract ?

Yes, there is a breach of contract as X failed to pay the installments every month without failure. The contract clearly states that failure of payment of installments will lead to revocation of the car.

Theories

● Contract● Offer and Acceptance● Breach of Contract

Contract

● ‘An agreement creating & defining obligation between the parties’

Offer and Acceptance

● An agreement is the basic element of valid contract. Agreement is created by offer & acceptance. The offer must be definite & the acceptance of the offer must be absolute & unconditional.

Decision of the case

● As it is clearly stated in the contract between X and Y, i.e, if X fails to pay the monthly installments without any failure, Y can revocate the car from X. So it will not give any sort of benefits or compensation to X even if he approached the court and filed a case against Y for revocating the car without giving any prior notice to X.

Case analysis

Akhil Chand. S

Case

● Mr Manu and Mr Rahul get into a contract in which Mr Manu agrees to sell his cow to Mr Rahul for Rs 5000/- .In the contract agreement it is clearly mentioned that the transaction should be made within a frame of 30 days. Mr Rahul paid Rs 1000 as advance and remaining amount should be paid within 30 days. After party enforcing the contract, the cow died because of lack of attention and care by Mr Manu. Mr Manu informed the news to Mr Rahul. Mr Rahul files a case against Mr Manu for compensation.

Facts related with case

● Mr Rahul paid Rs 1000 in advance for the future benefit.

● Mr Manu failed to fulfill the terms and conditions of the contract.

● Mr Rahul files a case against Mr Manu for getting compensation.

Issues

● Breach of contract● Is it a valid contract

Issue Analysis

● Yes, it is a valid contract. Contract is valid as there was an agreement being made by the two parties.

● There is valid offer and acceptance.

Theories

● Indian contract Act 1872● Offer and Acceptance

Decision

● Since Manu failed to fulfill the terms and conditions mentioned in contract, Mr Manu is liable to pay compensation and the advance amount to Mr Rahul.