V.L. Narasu v. P.S.V. Iyer AIR 1953 Mad 300 (Section 56, Frustration, Section 39, breach) FACTS: Defendant contracted with plaintiff to screen latter’s film in his cinema house until the net collection fall below some stipulated amount. Later there were unprecedented heavy rains which made a wall of cinema house to collapse owing to some…
Alopi Parshad & Sons Ltd v. Union of India AIR 1960 SC 588 (Section 56, Frustration, quantum meriut, Section 62) FACTS: Plaintiffs were appointed by UoI to provide for the army personnel ghee in return for consideration as stipulated under contract. World War II then started and after three years, government in light of increased demand for ghee…
Saradamani Kandappan v. S. Rajalakshmi & Ors. (Performance of Reciprocal promises, S.51 to 55) FACTS: Plaintiff entered into contract for purchase of certain mortgaged properties with defendant on following terms: first, that the execution of sale deed shall be at the convenience and desire of plaintiff; subject to her satisfaction of title to the land…
Startup v. McDonald (1843) 6 Mann & G 593 (Section 38—tender) FACTS: Startup (S) contracted with McDonald (M) to supply specified quantity of linseed oil within the last fourteen days of the month of March. S tendered on the last of the fourteen days at 9’o clock at night. M refused to accept owing to…
IK Sohan Singh v. State Bank of India (Uncertainty, Contingency) FACTS: Defendant purchased some property from D for Rs. 75000/- out of which 50,000/- were paid at the time of execution of sale deed and rest disputed 25,000/- were to be paid “as soon as possible but at a time when the vendee is in…
HPA International v. Bhagwandas Fateh Chand Daswani and Ors. Civil Appeal Nos. 6006 of 2001 and 336 of 2002 (Contingent Contracts-Implied terms) FACTS: Due to likelihood of coercive recovery of public dues by attachment and sale of property by public auction, sale of property was necessitated (this fact was recited in agreement) and defendant entered…
Martin Walford v. Charles Miles [1992] ADR.L.R. 01/23 (Lock-out and Lock-in Agreements; Uncertainty) FACTS: On 17th March M agreed that, provided that W’s bank confirmed that W had the necessary financial resources to purchase M’s business for 2m pounds, they would ‘break off any negotiations with any third party and would not consider any other…
Khardah Company Ltd. v. Raymon & Co. (India) Private Ltd. AIR 1962 SC 1810 (Assignment) FACTS: Defendant entered into a contract for supply of goods to plaintiff, from Pakistan to India; however a notification was issued by Central Govt., prior to formation of above mentioned agreement, which made all forward contracts for sale-purchase of those goods…
Tolhurst v. Associated Portland Cement Manufacturers (1903), A. C. 414 (Assignment, Restraint of Trade, Standing Offer-Uncertainty) FACTS: Tolhurst, owner of chalk quarries, entered into a contract for supply of chalk to an Imperial Co. (herein after Co.) for 50 years which was to take its supplies only from Tolhurst. It was agreed that Co. would buy…
Percept D’Markr (India) Pvt. Ltd. v. Zaheer Khan & Anr. Appeal (civil) 5573-5574 of 2004 FACTS: Defendant entered into a contract for management of his media affairs with the plaintiff company on the term that prior to the completion of first negotiation period and thereafter, plaintiff will have the ‘right of first refusal’ in regard…
M/S Gujarat Bottling Co.Ltd. & Ors. v. The Coca Cola Co. & Ors. 1995 SCC (5) 545 (Restraint of Trade, Substitution, Assignment) FACTS: GBC entered into an agreement in 1993 with Coke for grant of franchisee to prepare, bottle, sell brands of latter, but not to be concerned with the beverages of any other brand…
Derry v. Peek (1889) LR 14 App Cas 337 (Misrepresentation or Fraud—Collateral Warranty) FACTS: A tramway company’s prospectus stated that it had the right to use steam power for moving carriages as an absolute right, though in actuality it was subject to condition of Board of Trade (BoT). Plaintiff, on faith of that statement, took…