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Esso Petroleum Co. Ltd. v. Mardon

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…

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Proform Sports Management Ltd. v. Proactive Sports Management Ltd. and Anr.

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…

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Leslie Ltd. v Sheill

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…

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Mohori Bibee v. Dharmodas Ghose

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…

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Trimex International Fze Limited v. Vedanta Aluminium Limited

 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…

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Bhagwandas Goverdhandas Kedia v. M/s. Girdharilal Parshottamdas

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…

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The Attorney-General of Belize and others v. Belize Telecom Limited

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….

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M.C. Chacko v. State Bank of Travancore

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…