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…
Taylor v. Chester (1869) LR 4 QB 309 FACTS: Plaintiff deposited with the defendant half of alleged bank note as pledge. The debt was contracted to enjoy the services of brothel kept by the defendant. The plaintiff brought an action to recover the half note. ISSUE: Whether plaintiff could recover half bank note given to defendant…
Gherulal Parakh v. Mahadeodas Maiya and Ors. 1959 AIR 781 (Wagering Agreement-Illegal?-Public Policy?-Immoral?-S.23 and S.30) FACTS: Plaintiff and defendant entered into Partnership agreement with object of entering into wagering transactions with obligation to bear equal loss or profit arising out of such partnership. When plaintiff asked for reimbursement of half of money paid by him…
Photo Production Ltd v. Securicor Transport Ltd. [1980] UKHL 2 (Exemption clauses) FACTS: Plaintiffs entered into contract with defendant whereby latter was required to provide patrolling services for plaintiff’s factory as provided in contract. But, any liability arising out of default of the employees of the defendants was limited by the standardized contract which provided—under no…
Central Inland Water Transport Corporation v. Brojonath Ganguly 1986 SCR (2) 278 (Standardised Contracts-Public Policy-Unconscionable Bargains-S.23-Void) FACTS: Plaintiffs worked in a company which was dissolved by Court’s order and they were then inducted into defendant Corporation upon latter’s T&C. After years of serving Corporation, plaintiffs were arbitrarily kicked out of the Corporation by virtue of…
Mohanlal Jagannath v. Kashiram Gokul AIR 1950 Nag 71 (74) [Indian Contract Act (ICA), Section(s): 16, 23, 24] FACTS: Panchas delivered an award under which defendant was to convey half of his share in his inherited property to his uncle who was to pay defendant’s share of debt, payable by him. Defendant consented to this award in return for…
Lingo Bhimrao Naik v. Dattatrya Shripad Jamadagni (1937) 39 BOM LR 1233 (Minor-Undue Influence-S.16) FACTS: Defendant, adoptive mother of plaintiff, was alleged to use undue-influence to obtain the consent of the plaintiff, once he attained the age of majority, to ratify the gift deeds made to her daughters in regard to non-watan property. Though the…
Saunders v. Anglia Building Society [1970] 3 All ER 961 (non-est factum principle) PRINCIPLE: In order for the defense of non-est factum to succeed, the person must show that the transaction which he signed was essentially different in substance or in kind from the one which he purported to sign. Earlier it was thought that this defense could not…
Shogun Finance Ltd v. Hudson [2004] 1 All ER 215 (Mistake as to identity) FACTS: A dealer agreed a price for the sale of motor vehicle on hire-purchase to a fraudster who produced stolen driving license of Mr. Patel and forged the signatures. Having completed a satisfactory credit check of Patel, SF approved the sale…
Esso Petroleum Co. Ltd. v. Mardon [1976] QB 801 (Collateral Warranty and Misrepresentation) FACTS: A much experienced employee of Esso estimated throughput of petrol from particular station (to be built) to reach 200,000 gallons in 3rd year of operation. But, owing to refusal by planning authority, filling station was now built “back to front”. Ignoring…
Bell v. Lever Brothers Ltd. [1931] UKHL 2, [1931] All ER 1 (Mutual mistake as to the quality of thing contracted for and as to the fundamental assumption going to the root of the contract) FACTS: Lever entered into two agreements with B and S, first being service contracts by which they were inducted on board of…