Basic Principles of Contract | Contract Law

Kuju Collieries Ltd. Vs. Jharkhand Mines Ltd. and Ors.

Kuju Collieries Ltd. vs. Jharkhand Mines Ltd. and Ors. AIR 1974 SC 1892 Key Words: illegal purpose, agreement forbidden by law, subsequent discovery, mistake FACTS Plaintiff entered into a contract for lease of coal mines from the defendant in lieu of consideration money (which was paid there and then); however, the deed was hit with…

Basic Principles of Contract | Contract Law

Sales Tax Officer, Banaras and Ors. vs. Kanhaiya Lal Mukundlal Saraf

Sales Tax Officer, Banaras and Ors. vs. Kanhaiya Lal Mukundlal Saraf AIR 1959 SC 135 Key Words: mistake, mistake of law, mistake of fact, equitable consideration FACTS Plaintiff claimed refund under section 72 of the sales tax levied by the defendant for the forward transactions entered into by the former, after the impugned collection of tax…

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…

Basic Principles of Contract | Contract Law

Smith v. Hughes

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…