Contract Law | Partnership

Uttamchand Vs. Mohandas

Uttamchand  Vs.  Mohandas AIR 1964 Raj  50 Key Words: subsequent discovery of illegality, partnership, minor FACTS Plaintiff, a minor, claimed recovery of the vacant possession of the shop which he had given for carrying out the business in which he was made a partner (his guardian signed on behalf of him). In the initial proceedings,…

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

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…

Basic Principles of Contract | Contract Law

Nash v. Inman

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…

Basic Principles of Contract | Contract Law

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…

Basic Principles of Contract | Contract Law

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…