Har Bhajan Lal v.

Har Charan Lal

IN THE HONBLE
HIGH COURT OF ALLAHABAD

In the matter of
HAR BHAJAN LAL

(Appellant)
v
HAR CHARAN LAL

(Respondent)

On Submission to the Honble High Court

MEMORANDUM FOR THE APPELLANT

COUNSEL FOR APPELLANT

(ABHISHEK BANSAL)
ROLL NO.- 8 SEM: 1

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 Har Bhajan Lal v. Har Charan Lal

TABLE OF CONTENTS

LIST OF ABBREVIATIONS 3

INDEX OF AUTHORITIES 4

STATEMENT OF JURISDICTION 5

STATEMENT OF FACTS 6

ISSUES RAISED 7

SUMMARY OF PLEADINGS 8

WRITTEN SUBMISSION 9

PRAYER FOR RELIEF 11

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 Har Bhajan Lal v. Har Charan Lal

LIST OF ABBREVIATIONS

ALJ Allahabad Law Journal

AIR All India Reporter

Co Company

Edn. Edition

ER English Reports

Honble Honorable

HC High Court

Inc Incorporations

Minn SC Minnesota Supreme Court

P. Page Number

QB Queens Bench

SC Supreme Court

SCC Supreme Court Cases

v. Versus

www world wide web

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 Har Bhajan Lal v. Har Charan Lal

INDEX OF AUTHORITIES

JUDICIAL DECISIONS:

INTERNATIONAL JUDICIAL DECISIONS

Carlill v. Carbolic Smoke Ball Co, (1893) 1 QB 256

Associated Cinemas of America, Inc v World Amusement Co, (1937) 201 Minn
94 (Minnesota SC).
Cutter v Powell (1795) 101 ER 573

INDIAN JUDICIAL DECISIONS

Malraju Lakshmi Venhayyamma v Venkata Narasimha Appa Rao, (1915-16) 43
IA 138
Pannalal Janakidas v Mohanlal, AIR 1951 SC 144.
Lalman Shukla v Gauri Dutt, (1913) 11 ALJ 489

BOOKS:

Pollock & Mulla, Indian Contract & Specific Relief Acts Vol 1 (12th Edition)
Dr. Avtar Singh, Contract and Specific Relief (11th Edition)

ACTS:
The Indian Contract Act, 1872

WEBSITES:

www.manupatra.com

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 Har Bhajan Lal v. Har Charan Lal

STATEMENT OF JURISDICTION

The appellant has approached the Honble High Court of Allahabad under Section (appeal from
original decree) of the Code of Civil Procedure, 1908.

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 Har Bhajan Lal v. Har Charan Lal

STATEMENT OF FACTS

1. A young boy of 13 or 14 years, Ram Kishen, ran away from his father's home at Baheri on
the 9th of June, 1924.

2. The father eventually issued a pamphlet, offering a reward in these terms: "Anybody who
finds trace of the boy and brings him home, will get Rs. 500."

3. It happened that one of these hand-bills came into the possession of the plaintiff, and the
plaintiff undoubtedly had the boy's name in his memory. On the 19th of July the plaintiff was
at the dharamshala of the Bareilly Junction railway station. There he saw a boy, overheard
part of a conversation, realised that the boy was the missing Ram Kishen and promptly took
him to the Railway Police Station where he made a report and sent a telegram to the boy's
father saying that he had found his son.

4. But the father of the boy refused to reward him for finding his son because the plaintiff did
not adhere to the literal meaning of the terms of the proposal and instead of bringing back
the lost boy home, he handed over the boy to the Railway Police. Therefore, the plaintiff
filed a complaint against the father in the Small Causes Court where the Court decided
against the plaintiff saying that the literal meaning of the proposal was not been adhered to
by the plaintiff.

5. Aggrieved by this decision of the lower court, the plaintiff has approached the Honble High
Court of Allahabad.

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 Har Bhajan Lal v. Har Charan Lal

ISSUES RAISED

1. WHETHER THERE WAS SUBSTANTIAL FULFILLMENT OF THE TERMS AND CONDITIONS

FINDING MENTION IN THE PROPOSAL, BY THE PLAINTIFF AND WHETHER THIS LEADS TO

THE FULFILLMENT OF THE CONTRACT IN ITS ENTIRETY?

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SUMMARY OF PLEADINGS

1. THERE WAS SUBSTANTIAL FULFILLMENT OF THE TERMS AND CONDITIONS FINDING

MENTION IN THE PROPOSAL BY THE PLAINTIFF AND THIS LEADS TO THE FULFILLMENT OF

THE CONTRACT IN ITS ENTIRETY.

1.1 There existed a contract between the parties. Because (a) There was an offer (general) by the
defendant and (b) There was a subsequent acceptance of the offer by the plaintiff by
performing the conditions of the proposal.
1.2 Because of the defendant failing to complete his obligations under the contract, there was a
breach of contract by the defendant and he is liable to reward the plaintiff Rs.500 as was
mentioned in the proposal.

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 Har Bhajan Lal v. Har Charan Lal

WRITTEN SUBMISSION

1. THERE WAS SUBSTANTIAL FULFILLMENT OF THE TERMS AND CONDITIONS FINDING

MENTION IN THE PROPOSAL BY THE PLAINTIFF AND THIS LEADS TO THE FULFILLMENT OF

THE CONTRACT IN ITS ENTIRETY.

1.1 THERE EXISTED A CONTRACT BETWEEN THE PARTIES.

(a) There was a general offer from the defendant.

General offers are those offers which are made to the whole world and are open for acceptance
by any person who fulfills the terms and conditions.1

In the case of Lalman Shukla v Gauri Dutt2, it was made clear by the Allahabad High Court that
an offer made to the whole world and open to acceptance by any person who fulfilled the terms
and conditions of the proposal is to be called a general offer.

In this particular case the father of the boy issued a pamphlet and offered a reward in these terms:
"Anybody who finds trace of the boy and brings him home, will get Rs. 500." Here, he makes a
general offer which is open to the whole world for acceptance and any person who fulfills the
terms of the offer accepts the offer and is entitled to the reward mentioned in the offer.

(b) There was a subsequent acceptance of the offer by the plaintiff by performing the conditions
of the proposal.

The Indian Contract Act, 1872 under Section 8 lays down the provision for the acceptance of a
proposal by performing the conditions. It says performance of the conditions of the proposal, or
the acceptance of any consideration for a reciprocal promise which may be offered with a
proposal, is an acceptance of the proposal. Here the plaintiff after he had the knowledge of the
offer found the lost boy and handed him over to the Railway Police to ensure the boy reached his
fathers home and also sent a telegram to his father informing him that he had found the lost

1
Ansons Law of Contract,40 (23rd Edn by A.G.Guest, 1971)
2
(1913) 11 ALJ 489

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 Har Bhajan Lal v. Har Charan Lal

child. Observing these premises of the case it is pleaded before the court that there was an
acceptance of the proposal by the plaintiff by performance of the conditions of the proposal.

It was held in the landmark case of Carlill v. Carbolic Smoke Ball Co3 that an offer which is
open to the whole world can be accepted by any person and the communication of the acceptance
is not necessary if there is performance of the terms and conditions of the proposal.

Therefore, in light of the above contentions it is humbly submitted to the court that there was a
valid acceptance to the proposal by the plaintiff.
Hence, it is contended that there was substantial fulfilment of the terms and conditions of the
contract by the plaintiff because the sole purpose of the contract was to find the lost boy and to
bring him back to home. And the plaintiff completed his obligations under the contract by
finding the boy and then handing him over to the Railway Police to ensure that the boy reaches
his home.

1.2 THERE WAS A BREACH OF CONTRACT ON BEHALF OF THE DEFENDANT AND HE IS LIABLE TO

REWARD THE PLAINTIFF.

Breach of a contract occurs when a party thereto renounces his liability under it, or by his own
act makes it impossible that he should perform his obligations under it or totally or partially fails
to perform such obligations.4

In the present case the defendant renounced his liability to perform his obligations under the
contract by not rewarding the plaintiff with Rs.500 as promised in the offer. Therefore, there is a
breach of contract on behalf of the defendant. The provision for compensation to the party who
suffers loss due to the breach of contract is laid down under Section 73 of the Indian Contract
Act, 1872 as follows: when a contract has been broken, the party who suffers by such breach is
entitled to receive, from the party who has broken the contract compensation for any loss or
damage caused to him thereby. Thus, it is humbly requested before the court that the defendant

3
(1893) 1 QB 256
4
Associated Cinemas of America, Inc v World Amusement Co, (1937), 201 Minn 94 (Minnesota SC),
collected from Shepherd and Wellington, Contracts and Contract Remedies, (4 th Edn, 1957).

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 Har Bhajan Lal v. Har Charan Lal

must be held liable to compensate the plaintiff for the loss suffered by him due to the breach of
the contract.

It was held by Patanjali Sastri J (afterwards CJ) of the Supreme Court in the case of Pannalal
Janakidas v Mohanlal5 that the party in breach must make compensation in respect of the direct
consequences flowing from the breach.

In the English case of Cutter v Powell6, it happened that the parties agreed to go on a ten-week
voyage from Kingston, Jamaica to Liverpool, England for which the defendant would pay the
plaintiff a certain amount of money, but the plaintiff died after seven weeks of voyage. And the
defendant refused to pay a single penny to the plaintiffs wife. But the court held that there was a
breach of contract by the defendant and asked him to pay that amount which would have been
paid if the voyage was of seven weeks.

In light of the above cases, it is humbly submitted that the plaintiff be awarded with the reward
amount mentioned in the proposal.

5
AIR 1951 SC 144, 153: 1950 SCR 979
6(1795) 101 ER 573

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PRAYER FOR RELIEF

Wherefore in the lights of the facts stated, authorities cited, arguments advanced, the petitioner
humbly requests the Honble Court to adjudge and declare that:-

1. There has been substantial fulfillment of the terms and conditions of the proposal which
meant the completion of the contract in its entirety. And
2. There is a breach of contract on behalf of the defendant and he must compensate the plaintiff
for the loss suffered due to the breach.

And, pass any order or decree in the favor of the petitioner as the Court may deem fit in the lights
of Justice, Equity & Good Conscience.

All of which is most humbly prayed.

COUNSEL ON BEHALF OF APPELLANT 17th October, 2013

ABHISHEK BANSAL

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