Smith v. Hughes (1871) LR 6 QB 597 (Mutual and Unilateral Mistake—Misrepresentation, Fraud—Condition, Warranty) FACTS: S (Smith) sued H (Hughes) for the price of oats sold and delivered, and for damages for not accepting the oats. S had offered to sell to H by sample a parcel of oats. According to H, S described the…
Proform Sports Management Ltd. v. Proactive Sports Management Ltd. and Anr. [2007] 1 All ER 542 (Contract for Necessity-Voidable Contract recession) FACTS: Proform entered into a representation contract with wayne rooney, a famous footballer when he was a minor (of 15 years of age). The contract was to expire after two years. During the last…
Nash v. Inman [1908] 2 KB 1 (Contract for necessity for minor enforceable) FACTS: A tailor supplied 13 waistcoats and other things of that kind to a undergraduate student when latter was a minor. Student refused to pay for the goods supplied and tailor brought this suit against him for recovery of price of those…
Leslie Ltd. v. Sheill (1914) 3 K.B.607 (Minor agreement—void—equitable relief) FACTS: Defendant obtained loans from plaintiff by fraudulently misrepresenting that he was of full age at the time of contract. Defendant sued him to recover the money. ISSUES: 1) Whether defendants are entitled to equitable restitution against loan given to minor? 2) Whether they could claim…
Mohori Bibee v. Dharmodas Ghose (1903) 30 Cal. 539 (Minor Agreements) FACTS: Agent of defendant advanced money to plaintiff, an infant, fully knowing his incompetency to contract, against mortgage of property belonging to latter. Plaintiff commenced this action to get the mortgage declared as void u/s 2, 10 and 11 of ICA and repossession of property thereunder conveyed to…
Trimex International Fze Limited v. Vedanta Aluminium Limited 2010 (1) SCALE 574 (Formation of a contract) FACTS: Trimex offered, via an email, the supply of bauxite to VAL which, after several exchanges of e-mails, was subsequently accepted by latter, confirming the supply of 5 shipments of bauxite from Australia to India. Though a draft contract…
Bhagwandas Goverdhandas Kedia v. M/s. Girdharilal Parshottamdas 1966 AIR 543 (S.3 and 4, place of formation of contract, postal rule) FACTS: Plaintiff offered to get certain goods supplied at Ahmedabad to defendants who accepted the offer at Khamgaon. On defendants’ failure to supply requisite goods, plaintiff sued them at Ahmedabad. Dispute arose as to where…
M/s Motilal Padampat Sugar Mills v. State of Uttar Pradesh & Ors. 1979 SCR (2) 641 (Promissory Estoppel) FACTS: Government of UP announced to give tax exemption from sales tax for three years to all new industrial units of the state. Based on this, plaintiff sought confirmation from Director of Industries who reiterated the decision…
Combe v. Combe [1951] 2 KB 215 (Consideration—PE—Restraint of Court Proceedings) FACTS: A husband, upon divorce, promised his wife certain sum a year as permanent maintenance. In reliance upon this promise, the wife forbore to apply in the Court for maintenance. The Husband failed to make the payments and Wife sued him on the promise. ISSUES:…
The Attorney-General of Belize and others v. Belize Telecom Limited [2009] UKPC 10 (S.9: Implied Promises) FACTS: The decision concerned the construction of the articles of association of a company incorporated to take over the undertaking of the Belize Telecommunications Authority, a public body which had been the monopoly provider of telecommunication services in Belize….
M.C. Chacko v. State Bank of Travancore 1970 AIR 500 [Section 25(1) of Indian Contract Act, Privity Of Contract, Exceptions, Section 40] FACTS: H bank had an overdraft account with State Bank. MC Chacko was the manager of H bank and his father K had guaranteed the repayment of debt. K gifted his properties to…
Dunlop Pneumatic Tyre Co. Ltd. v. Selfridge & Co. Ltd. [1915] AC 847 (Consideration-agency) FACTS: Dunlop, a tire manufacturing company, made a contract with Dew for sale of tires at a discounted price on condition that they would not resell the tires at less than the listed price and that any reseller who wanted to…