Chappell & Co. Ltd. v. Nestle Co. Ltd. [1960] AC 87 (Condition v. Consideration, adequacy of consideration) FACTS: C were owners of copyright of a tune called ‘Rocking Shoes’ and N were manufacturers of chocolate who were selling to the public these records in return for 1s6d and three wrappers of chocolate bars manufactured by…
Wood v. Lucy 118 N.E. 214 (1917) (Consideration, Implied Promise S.9) Facts: Lucy, a fashion designer, employed Wood who was to have an exclusive right to market her endorsements on products. In return, she was to have one-half of all profits or revenues that are derived from any contracts he might take. Wood accused Lucy…
Balfour v. Balfour [1919] 2 KB 571 (Consideration-Intention to create legal relations) Facts: A husband was employed in Ceylon. He returned with his wife to England on leave, but she was unable to go back to Ceylon with him due to medical reasons. He consequently promised orally to make her an allowance per month until…
Badri Prasad v. State of Madhya Pradesh & Anr. 1969 SCR (2) 380 (Ascertainment) FACTS: The appellant (A) entered into a contract in respect of certain forests and became entitled to cut teak trees with some specifications.[1]After a legislation[2] vesting the estate in the State, A was prohibited from cutting timber in exercise of his…
Kalka Prasad Ram Charan v. Harish Chandra AIR 1957 All 25 (Section 54(2) of Sale of Goods Act, Right of an unpaid seller, Right to lien) FACTS: Harish (H) entered into a contract for sale of 67 thans of silk with Kalka Prasad (K) (a partnership firm). 10 thans were delivered immediately. Delivery of the…
Dominion of India v. Raj Bahadur Seth Bhikhraj Jaipuria AIR 1957 Pat 586 (Time, Frustration, Section 299 (1) and 175 (3)) FACTS: Three contracts were entered into by the plaintiff (P) with the Railway (R) for supply of food-grains. Deliveries were to be made at any station of ER[1] in Bihar.[2] These three identical contracts…