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Sanjeev Kumar

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Course : GDM 2
nd

Sem Sub : Corporate LawQ.1. In the follow ing statements only on

e is correct statement. ExplainBriefly?i) An invitation to negotiate is a good offer.ii) A quasi-contract is not a contract at all.iii)

An agreement to agree is a valid contract. Ans : i)


Incorrect

: - Its not an offer only an indication of a willingness to consider any offers andcounter offers.ii)

Correct

: A quasi contract is a fictional contract created by courts for equilable,not contractual purposes. A quasi contract is not an actual contract, but is alegal substitute for a conterformed to impose

equity between two parties theconcept of a quasi contract that show have been formed, even through inactually it was net. It is used when a court finds it appropriate to crecite anobligation upon a non

contracting party to avoid injusand to ensure fciwiness.It is invoved in circumstances of unjust enrichment an is connected with theconcept of restitutes.iii). Incorrect

: All contracts are agree ment to all agreement n ot contracts. Acontract is a legally binding agreement relationship that exist between two ormore parties to do obstain from perfoming certain acts. An agreement is form of ceios reference

between different parties, which may be written, oral and liesupon the no of the parties for its fulfillment rather the being in anywayenforceable. It follows, therefore, that the loss of profit here cannot reasonnilybe

considered such a consequence of the breach of contract as could have beenfamily and reasonably contemplated by both the parties when they made thiscontract.

Q.2. A shipowner agreed to

carry to cargo of sugar belongi ng to A from Constanza toBusrah. He knew that there was a sugar market in Busrah and that A was a sugarmerchant, but did not know that he intended to

sell the cargo, immediately on its


arrival. Owning to Shipments default, the voyage was delayed and sugar fetched a

lower price than it would have done had it arrived on time. A claimed compensationfor the

full loss suffered by him because of the delay. Give your decision. ExplainBrief ly? Ans : A can claim ordinary damages. Loss of profits is a special less and can be claimedonly if the other party was aware of the

possibility of such a loss.In the absence of any expiicit communication, we have to infer what could havebeen in the contemplation of the parties from their actions. The court reasoned thatthe carriers had no way

of knowing that a would loose profits if the shipments wasdelayed.But it is obvious that, in the great multitude of cases of sending off sugar to thirdperson by career under ordinary circumstances such consequences

would not, in allprobability have occurred..Such compensation is not be given for any remote or indirect loss or damagesustained by reason of the breach. Compensation for failure to discharge obligationresembling

those created by contract has been incurred and has not beendischarged (any person) injured by the failure to discharged it is entitled to receivethe some compensation from the party in default as if such person had contractedto

discharge it and had broken his contract . Q.3. The proprietors of a medical prepa
ration called the Carbolic Smoke Ball published in

several newspapers the following advertisement:-

1000 reward will be paid by the

Carbolic Smoke Ball Co. to any person who contracts the increasing epidemic influenzaafter having used the Smoke Ball three times daily for two weeks according to printeddirections

supplied with each ball. 1000 is deposited with the Alliance Bank showing oursincerity in the matter. .On the faith in this advertisement, the plaintiff bought a Smoke Ball and used it as directed.She

was attacked by influenza. She sued the company for the reward. Will she succeed?Explain Briefly Ans : She wire not succeed. The facts show that there was no binding contract betweenthe parties. The

case is not like, Williams v carwardine H.B Ad 621 where the


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