THE INTERCLASS LAW MOOT COURT COMPETITION

PUNE 2009

STATEMENT OF JURISDICTION

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_

THE HON’BLE SUPREME COURT HAS EXCLUSIVE JURISDICTION

TO TRY AND ENTERTAIN THIS APPEAL UNDER ARTICLE 132 & 133

OF INDIAN CONSTITUTION.
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PUNE 2009

MEMORIAL ON BEHALF OF THE APPELLANT

STATEMENT OF FACTS

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A SUPPLIED GOODS TO B , IN ACCORDANCE TO SAMPLE

SUBMITTED BY B , B IS NOT SATISFIED BY THE QUALITY OF
GOODS AND WANTS TO TAKE A LEGAL PROCEEDING
AGAINST A .

THAT THE CASE LIES FOR THE HON’BLE COURT’S CONSIDERATION .

 THE INTERCLASS LAW MOOT COURT COMPETITION
PUNE 2009

MEMORIAL ON BEHALF OF THE APPELLANT

ISSUES RAISED

1. WHETHER THE A IS FOR THE BREACH OF CONTRACT.

2. WHETHER A HAS DONE FRAUD WITH B.

3. WHETHER B IS LIABLE TO GET THE COMPENSATION BECAUSE OF A

DIDN’T PROVIDED SATISFIED QUALITY OF GOODS AS PER THE DEMAND

OF B.
 THE INTERCLASS LAW MOOT COURT COMPETITION
PUNE 2009

MEMORIAL ON BEHALF OF THE APPELLANT

SUMMARY OF ARGUMENTS

THAT THE RESPONDENT IS RESPONSIBLE FOR THE

BREACH OF CONTRACT , FRAUD , AS PER THE VARIOUS
PROVISIONS CONTAINED UNDER THE INDIAN CONTRACT ACT 1872 .

SECTION 17 THAT EXPLAIN FRAUD IS APPLICABLE AS THE RESPONDENT

HAVE MALAFIDE INTENTION TO DECIEVE THEREFORE IS RESPONDENT IS
RESPONSIBLE FOR BREACH OF CONTRACT .

SECTION 73 COMPENSATION FOR BREACH OF CONTRACT APPELLANT IS

LIABLE TO GET THE COMPENSATION FOR THE DAMAGES CAUSED .

THAT THE RESPONDENT HAD COMMITTED THE VARIOUS OFFENCES OF

SALES OF GOODS OF ACT 1930

SECTION 41 ILLUSTRATE THAT THE APPLENT HAS GOT RIGHT TO

EXAMINE THE GOODS.

SECTION 17 TELLS ABOUT THE SALE BY SAMPLE .

SECTION 16(1) TALKS ABOUT THE FITNESS FOR BUYER’S PURPOSE.

SECTION 16(2) SAYS THE GOODS MUST WE OF MERCHANTABLE

QUALITY.

MEMORIAL ON BEHALF OF THE APPELLANT

 THE INTERCLASS LAW MOOT COURT COMPETITION
PUNE 2009

ARGUMENTS ADVANCED

2) THE RESPONDENT IS RESPONSIBLE FOR FRAUD UNDER SECTION 17

& BREACH OF CONTRACT AS UNDER INDIAN CONTRACT ACT, 1872 .

SECTION 17 FOR FRAUD HAS GOT A CLEAR APPLICABILITY IN THIS

CASE AS IT IS EVIDENT FROM THE FACTS THAT THE RESPONDENT IS A
MALAFIDE INTENTION TO DECIEVE THE APPELLANT FROM THE VERY
BEGINNING . THERFORE , RESPONDENT LIABLE FOR THE BREACH OF
CONTRACT ACCORDING TO THE PROVISIONS UNDER THE INDIAN
CONTRACT ACT, 1872 .

SECTION 73 COMPENSATION FOR BREACH OF CONTRACT UNDER

INDIAN CONTRACT ACT, 1872 .

SECTION 73 FOR COMPENSATION SHOULD IS AWARDED TO APPELLANT

AS THERE WAS THE BREACH OF CONTRACT AS THE FACTS MENTIONED
AS THE RESPONDENT FAILED TO FULFILL THE WHOLE REQURIMENTS OF
THE CONTRACT . THEREFORE RESPONDENT HAD COMMITTED THE
OFFENCE OF BREACHING THE CONTRACT . AND DUE TO THIS THE
APPELLANT HAD OCCURRED THE HEAVY LOSSES .

HENCEFORTH , APPELLANT IS LIABLE TO WE GET COMPENSATION FROM

RESPONDENT .

MEMORIAL ON BEHALF OF THE APPELLANT

 THE INTERCLASS LAW MOOT COURT COMPETITION
PUNE 2009

1) THE RESPONDENT IS RESPONBILE FOR THE SALE BY DESCRIPTION

UNDER SECTION 15, SALE BY SAMPLE UNDER SECTION 17 AND
SECTION 41 OF SALES OF GOOD ACT,1930

1. SECTION 17 SALE BY SAMPLE :- A CONTRACT OF SALE IS A

CONTRACT FOR SALE BY SAMPLE WHERE TERE IS A TERM IN THE
CONTRACT, EXPRESS OR IMPLIED, TO THAT EFFECT.

APPELLANT HAD SHOWN VERY CLEAR SAMPLE TO RESPONDENT

AND AFTER RESPONDENT HAD ACCEPTED THE SAMPLE AND AGREED TO

SUPPLY THE SAME .

2. SECTION 15 SALE BY DESCRIPTION :- WHICH CLEARLY SAYS

THAT WHEN THERE IS CONTRACT FOR THE SALE OF GOODS BY
DESCRIPTION,THERE IS AN IMPLIED CONDITION THAT THE GOODS
SHALL CORRESPOND WITH THE DESCRIPTION; AND, IF THE SALE IS
BY SAMPLE AS WELL AS BY DESCRIPTION, IT IS NOT SUFFICIENT
THAT THE BULK OF THE GOODS CORRESPONDS WITH THE SAMPLE
IF THE GOODS DO NOT ALSO CORRESPOND WITH THE DESCRIPTION.

APPELLANT HAD GIVEN THE WHOLE DESCRIPTION OF THE GOODS

TO BE SUPPLIED . BUT THE RESPONDENT FAILED TO DO SO .

3. SECTION 41 BUYER’S RIGHT OF EXAMINING THE GOODS :-

WHERE GOODS ARE DELIVERED TO THE BUYER WHICH HE HAS NOT
PREVIOUSLY EXAMINED, HE IS NOT DEEMED TO HAVE ACCEPTED
THEM UNLESS AND UNTIL HE HAS HAD A REASONABLE OPPURTUNITY
OF EXAMINING THEM FOR THE PURPOSE OF ASCERTAINING WHETHER
THEY ARE IN CONFORMITY WITH THE CONTRACT.
 THE INTERCLASS LAW MOOT COURT COMPETITION
PUNE 2009

AFTER EXAMINING THE GOODS APPELLANT FOUND THAT BULK SUPPLIED

BY THE RESPONDENT IT WAS FOUND THAT BULK IS NOT IN ACCORDANCE
WITH THE SAMPLE .

MEMORIAL ON BEHALF OF THE APPELLANT

3. SECTION 16 (1) FITNESS FOR BUYER’S PURPOSE : - WHERE THE

BUYER , EXPRESSLY OR BY IMPLICATION , MAKES KNOWN TO THE
SELLER THE PARTICULARPURPOSE FOR WHICH GOODS ARE
REQURIED SO AS TO SHOW THAT THE BUYER RELIES ON THE
SELLER’S SKILL OR JUDGEMENT AND THE GOODS ARE OD A
DESCRIPTION WHICH IT IS IN THE COURSE OF THE SELLER ‘S
BUSINESS TO SUPPLY THERE IS AN IMPLIED CONDITION THAT THE
GOODS BE RESONABLY FIT FOR PURPOSE .

ALTHOUGH THE RESPONDENT WAS FAMILIER WITH THE PURPOSE OF

APPELLANT FOR WHICH THE GOODS WERE IS REQURIED .

SECTION 16 (2) MERCHANTABLE QUALITY :- WHERE THE GOODS

ARE BOUGHT BY DESCRIPTION FROM A SELLER WHO DEALS IN GOODS
OF THAT DESCRIPTION THERE IS AN IMPLIED CONDITION THAT THE
GOODS SHALL BE OF MERCHANTABLE QUALITY.

THE GOODS SUPLLIED BY THE RESPONDENT WERE NOT OF

MERCHANTABLE QUALITY WHICH WERE OF NO USE TO APPELLANT .

I
 THE INTERCLASS LAW MOOT COURT COMPETITION
PUNE 2009

MEMORIAL ON BEHALF OF THE APPELLANT

THESE ALL CLAUSES CLEARY SHOWS AND REFLECTS THE FRAUD NATURE
OF RESPONDENT .

RESPONDENT IS CLEARLY RESPONIBLE FOR THE FRAUD , BREACH OF

CONTRACT ,

RESPONDENT ALSO COMMITS MANY OFFENCES UNDER THE VARIOUS

SECTIONS ON SALES OF GOODS ACT .

THE RESPONDENT WAS HAVING THE MALAFIDE CONTENSIONS OF NOT

PERFORMING THE CONTRACT FROM VERY STARTING.\

DEFICIENCY IN SERVICE WAS DONE BY RESPONDENT EVEN AFTER THE

SAMPLE WAS DISPLAYED INFRONT OFF .
 THE INTERCLASS LAW MOOT COURT COMPETITION
PUNE 2009

MEMORIAL ON BEHALF OF THE APPELLANT

PRAYER

Whereof, in the lights of issues raised, arguments advanced and authorities cited, it is

humbly prayed before this Hon’ble Court:

1. That the plaintiff should be compensated by the defendant .

2. That the defendant should replace the goods.

3. That the damages occurred to plaintiff must be fulfilled by the defendant.

4. The interest on money that plaintiff had paid must be paid back .

5. The specific performance of the contract by respondent must be done.

6. Any Other Remedy Which The Hon’ble Court May Deem Fit In The Interest Of

Justice, Equity And Good Conscience.

For this act of kindness the counsel duty bound shall ever pray
 THE INTERCLASS LAW MOOT COURT COMPETITION
PUNE 2009

Place: Submitted by Counsel:

Date:

MEMORIAL ON BEHALF OF THE APPELLANT

STATUTES REFERRED

1. SALES OF GOODS ACT , 1930.

2. INDIAN CONTRACT ACT .1872

BOOKS REFERRED

1. LAW OF CONTRACTS AND SPECIFIC RELIEF BY AVTAR SINGH

2. LAW OF SALES OF GOODS ACT AND HIRE PURCHASE BY AVTAR

SINGH

3. THE INDIAN PENAL CODE By PROFESSIONSAL BOOK

PUBLISHERS

4. THE CIVIL PROCEDURE CODE By LEXIS NEXIS

E-SOURCES

1. www.manupatra.com

2. www.supremecourtofindiaonline.nic.in
THE INTERCLASS LAW MOOT COURT COMPETITION
PUNE 2009

3. www.findlaw.com

MEMORIAL ON BEHALF OF THE APPELLANT

DICTIONARIES

1. Oxford English Dictionary, 2007, Tenth Edi..

2. Aiyar P.R., Concise Law Dictionary, 2009, Third Edi.

 THE INTERCLASS LAW MOOT COURT COMPETITION
PUNE 2009

MEMORIAL ON BEHALF OF THE APPELLANT

LIST OF ABBREVIATIONS

1. A.I.R…………………………….…..…ALL INDIA REPORTER

2. Pg…………………………………………………..PAGE NUMBER

3. Ors.……………………………..….OTHERS

4. Hon’ble…………………………………………....HONOURABLE

5. SEC………………………….……..SECTION

6. &…………………………………………………...AND

7. SC……………………………………….SUPREME COURT

8. SCC…………………………………… SUPREME COURT CASES

9. V.………………………………………….VERSUS

10. ANR………………………………………ANOTHER

11. Edn…………………………………………………EDITION

12. I.C.A ………………………………………….INDIAN CONTRACT ACT

13. S.G.A ……………………………………….SALES OF GOODS ACT

14. I.PC…………………………………….INDIAN PENAL CODE

 THE INTERCLASS LAW MOOT COURT COMPETITION
PUNE 2009

MEMORIAL ON BEHALF OF THE APPELLANT

BEFORE THE COURT OF CIVIL JUDGE (SENIOR DIVISION )

BOMBAY,

Appeal No………/…

………………… APPELLANT(B)
V.

…. ……………….. RESPONDENT.(A)

Memorial Submitted Before Hon’ble Judge:…………..…and other pusine judges.

Memorial Submitted By Counsel Appearing On Behalf Of The

APPELLANT
 THE INTERCLASS LAW MOOT COURT COMPETITION
PUNE 2009

MEMORIAL ON BEHALF OF THE APPELLANT

TABLE OF CONTENTS

TABLE OF CONTENTS………………………………………………………………

LIST OF ABBREVIATION……………………………………………………………

STATEMENT OF JURISDICTION…………………………………………………..

STATEMENT OF FACTS…………………………………………………………..…

ISSUES RAISED……………………………………………………………………..…

SUMMARY OF ARGUMENTS……………………………………………………….

RESPONDENT IS RESPONSIBLE FOR THE BREACH OF CONTRACT ,

FRAUD , AS PER THE VARIOUS PROVISIONS CONTAINED UNDER THE
INDIAN CONTRACT ACT 1872 ………………………………………………..

RESPONDENT HAD COMMITTED THE VARIOUS OFFENCES OF SALES OF

GOODS OF ACT 1930……………………………………………………………..

ARGUMENTS ADVANCED…………………………………………………………..

PRAYER ………………………………………………………………………………..

BIBLIOGRAPHY………………………………………………………………………
 THE INTERCLASS LAW MOOT COURT COMPETITION
PUNE 2009

MEMORIAL ON BEHALF OF THE APPELLANT

LEGAL NOTICE
D.C.CHOPRA
Axel law firm
Mumbai .

To
Mr. Ajay Sinha (A)
(R/O 123 PAUD ROAD , PUNE )

DEAR SIR ,

UNDER INSTRUCTION AND BEHALF OF MY CLIENT MR. PRAKASH MEHRA

(B) IT IS HEREBY SERVED YOU A LEGAL NOTICE FOR THE RECOVERY OF
COMPENSATION FOR LOSS AND DAMAGES INCURRED BY MY CLIENT .

1. THAT MY CLIENT IS CARRYING ON BUSINESS FOR THE SUPPLY OF

READY-MADE GARMENTS IN WHOLESALE AS WELL AS IN RETAIL IN
THE MAEKET OF BOMBAY.

2. THAT MY CLIENT WAS IN NEED OF 1000 FULL LENGTH OF CLOTH

WHICH WAS TO BE SUPPLIED BY HIM TO DIFFERENT SHOPKEEPERS IN
THE BOMBAY MARKET CONSEQUENTLY HE MADE A CONTACT WITH
YOU,AND ASKING YOU TO COME TO BOMBAY TO GET THE ORDER
BOOKED UPOON REASONABLE PRICES.

3. THAT YOU COME TO BOMBAY ON 1/2/2009 AND AFTER NEGOTIATION IT

WAS AGREED UPON THAT YOU WILL SUPPLY 1000 PIECES FULL LENGTH
OF CLOTH WITHIN A PERIOD OF ONE MONTH AND THE PRICE OF THE
GOODS WAS AGREEDE TO THE SUM OF RS. 5,00,000.00.
 THE INTERCLASS LAW MOOT COURT COMPETITION
PUNE 2009

4. THAT ALL THE TERMS AND CONDITIONS OF THE CONTRACT WAS

REDUCED IN WRITING IN THE SHAPE OF AGREEMENT WHICH WAS
SIGNED BY MY CLIENT AS WELL AS BY YOU AND AT THE SAME TIME
MY CLIENT HAS GIVEN A SAMPLE OF CLOTHS AND YOU WERE LIABLE
TO SUPPLY THE CLOTHS IN STRICT ACCORDANCE TO THE SAMPLE.

MEMORIAL ON BEHALF OF THE APPELLANT

5. THAT MY CLIENT RECEIVED AYOUR CONSIGNMENT WITIN THE STIPULATED

PEROID BUT MY CLIENT FOUND THAT YOU HAVE SUPPLIED THE GOODS OF
SUBSTANDARD QUALITY WHICH WAS NOT IN ACCORDANCE TO THE
SAMPLE GIVEN BY YOU AS SUCH YOU HAVE COMMITTED BREACH OF
CONTRACT.

6. THAT THE RETAILER AS WELL AS WHOLESALE DEALER OF MY CLIENT

DISAPPROVED THE GOODS SUPPLIED BY YOU AND MY CLIENT HAS
INCURRED HEAVY LOSSES AND DAMAGES.

7. THAT MY CLIENT HAS SUFFERED A LOSS TO THE TUNE OF RS .50000

TOWARDS THE LOSS OF PROFIT AND RS.90,000.00 TOWARDS BANK
INTEREST AS SUCH YOU ARE LIABLE TO PAY RS.1,40,000.00 TOWARDS
COMPENSATION FOR LOSS DAMAGES INCURRED BY MY CLIENT AND
RS.5,00,000.00 WHICH HAS BEEN PAID TO YOU MY CLIENT AS ADVANCE
MONEY.

HENCE LEGAL NOTICE IS HEREBY SERVED UPON YOU TO PAY

THE SUM OF Rs. 6,40,000.00 TO MY CLIENT WITIN A PERIOD OF ONE
MONTH FROM THE DATE OF RECEIPT OF SAID NOTICE FAILLING WHICH
MY CLIENT WOULD BE CONSTRAIN TO FILE A SUIT FOR RECOVERY OF
COMPENSATION AND YOU WILL BE LIABLE FOR ALL COSTS AND
DAMAGES .

D.C.CHOPRA
THE INTERCLASS LAW MOOT COURT COMPETITION
PUNE 2009

AXEL LAW FIRM

MEMORIAL ON BEHALF OF THE APPELLANT