Case study business law
Vijay Solanki. Saiyami Patel , Student at uka tarsadia university.
Business Law Case Study Essay
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Views Total views. Actions Shares. Embeds 0 No embeds. No notes for slide. A Developed a shopping mall at Mumbai at the request of Mr.
Business Law: Case Study Essay
B who is a municipal corporater. C makes agreement to pay Rs. A accept the proposal of Mr. Is this an agreement or a contract justify your answer. Ans : The given case is under the chapter of consideration, which means the promises executes the work at the desire or under the direction of the promisor In this set case Mr. A developed a shopping mall at Mumbai with the prior request of Mr.
A accepted the proposal of Mr. Durgaprasad constructed the market under the direction of municipal corporater.
He made an agreement that he will pay commission to Mr. Durgaprasad for the land allotment in the market. But after this agreement Mr. Baldeo failed to pay money to Mr.
Durgaprasad hence Durgaprasad filed a case against baldeo. Judgement : As mentioned above A developed a shopping mall at Mumbai at the request of B who is a municipal corporater C agree to pay Rs. As a part of settlement the husband agrees to pay sum of Rs.
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Provided she stays separately. Does the wife has a claim to get that amount.
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Ans : The given case is under the chapter of consideration, which means the promises executes the work at the desire or under the direction of the promisor. Consideration is essential for the validity of an agreement i. However section 25 1 that is natural love and affection; deal with the exception of this rule.
In this set case there is a quarrel between Ankit and Ankita due to which there is a marital discord between two. As a part of settlement the husband agrees to pay for the maintenance allowances to his wife provided she stays separately. But after this he refused to perform the action and here the agreement was held to be void. Judgement : As mentioned above an agreement was entered in to by a Ankit with his wife Ankita during their quarrels, whereby the husband agrees to pay the maintenance allowances to his wife provided she stays separately.
In the above case the agreement held to be void because, under the circumstances, there was no natural love and affection between parties. As per the exceptions under the consideration section 25 1 love and affection states that agreement has to be made out of natural love and affection and it should be between the parties standing near relationship to each other.
As we seen in this case nearness of relationship, however does not necessarily import love and affection. Therefore there is no consideration made by husband hence it is only an agreement and not a contract.
Therefore it is a void agreement hence husband need not have to pay compensation for the separation. Ans : The given case is under the chapter of Fraud which means the active concealment of a fact by a person having knowledge or belief of the fact. Fraud arises when there is a false representation of a fact made with the knowledge that is false or without belief in its truth or reckless not carrying whether it be true or false. In this set case X in consideration of Rs. Judgement : As mentioned above in this case x in consideration of Rs. Here, Person who takes a risk even he knows that what he does may be dangerous is comes under the fraud.
A being poor is unable to pay. X sues A for the money can X recover. Ans : The given case is under the chapter of consideration where the agreement between X and A are not in the contract in the absence of consideration. The agreement can be call it as contract if there is a consideration present in contract between 2 people. B Judgement : The agreement between X and A is not the contract in the absence of a consideration. X sees a book displayed in a shelf of a book shop with the price tag of Rs.
Mr, X tenders Rs. Is the book seller bound to sale the book to X? Ans : The given case is under the chapter of offer and invitation to an offer which means the signification by one person to another of his willingness to enter in to a contract with him on certain terms. It may be expressed or implied from the conduct of the parties.
In this set case Mr. X wanted to purchase the book which is already sold to other person therefore book seller refuses the proposal and refuse to sell the book therefore x sue the bookseller. Judgement : As mentioned above as per the section 2 a says when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining assent of that other to such act or abstinence, he is said to make a proposal.
Every expression of willingness of a person to enter into a contract may not be an offer in the legal sense. Therefore, an offer must be distinguished from invitation to offer. Many statements which appear to be offer are not really offers but mere invitation to offer. In this case purchaser makes the offer.
Books are not offers and its already being sold to the other party hence it is not legal action to sale the particular sold copy to the other party. A accepts to purchase it for 94, B refuse to sale the car for 94, Subsequently A agrees to purchase the car for 95, but B refuses to sale.
A sues for the specific performance of contract will he succeed? A made a counter offer and A rejected subsequently B agrees to purchase on the original offer rate but B refuses to proceed. Harvey sent telegram to Facie asking about two questions : 1. Will you sell the bumper hall pen? What is the minimum price of bumper hall pen?
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Judgement : As mentioned above to enter in to the contract there should have a willingness of both the parties to agree on same. Here A showed his willingness to sell the car and even B showed the interest to purchase by making first counter offer and then agreeing on same price but because of lack of faith on partner, B may refuse to enter in to contract.https://yxidawimonit.tk
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Since it is a invitation of an offer and no proper contract made between two parties therefore B need not have to sell the car to A. Alok marries harish daughter and files the suit to recover Rs. Ans : The given case is under the chapter of consideration which means which means the promises executes the work at the desire or under the direction of the promisor In this set case Harish shows his wish to give away a good amount to the person who will marry his daughter.