Basic Principles of Contract | Contract Law

HPA International v. Bhagwandas Fateh Chand Daswani and Ors.

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…

Basic Principles of Contract | Contract Law

Martin Walford v. Charles Miles

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…

Basic Principles of Contract | Contract Law

Tolhurst v Associated Portland Cement Manufacturers

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…

Basic Principles of Contract | Contract Law

Percept D’Markr (India) Pvt. Ltd. v. Zaheer Khan & Anr.

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…

Basic Principles of Contract | Contract Law

Taylor v. Chester

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…

Basic Principles of Contract | Contract Law

Photo Production Ltd v. Securicor Transport Ltd. (1980)

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…

Basic Principles of Contract | Contract Law

Central Inland Water v. Brojo Nath Ganguly and Anr.

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…

Basic Principles of Contract | Contract Law

Mohanlal Jagannath v. Kashiram Gokul

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…

Basic Principles of Contract | Contract Law

Lingo Bhimrao Naik v. Dattatrya Shripad Jamadagni

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…

Basic Principles of Contract | Contract Law

Saunders v. Anglia Building Society

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…