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LAWS FOR BUSINESS

- CASE PRESENTAION
Group I
Naveen Anil
Suraj.S
Akhil Chand

CASE .1
Naveen Anil

Adv. Ambiraj v/s Nejesh

Adv.Ambiraj is a law practioner and Nejesh


is a minor. A contract gets formed according
to which Adv. Ambiraj has to safeguard
Nejeshs property for certain consideration
from Nejesh. Afterwards Nejesh comes
across to default remuneration to Ambiraj.
And refusing to pay stating that he is a
minor. So Ambiraj sued Nejesh.

FACTS RELATED WITH THE CASE


Ambiraj entered into contract to safeguard
Nejeshs property
Nejesh defaulted the consideration agreed to
pay to Adv.Ambiraj
Nejesh refused to pay stating that he is a
minor
Adv.Ambiraj
sued
Nejesh
for
his
remuneration

FACTUAL ANALYSIS

Advocate v/s minor


Validity of contract is questionable

ISSUES IN THIS CASE

Issue no:1
Can Nejesh enter a valid contract with
Adv.Ambiraj ?
Issue no:2
Will Nejesh be protected because he is a
minor ?
Issue no:3
Is there any chance for Ambiraj to get paid ?

ISSUE ANALYSIS
Issue no.1
Can Nejesh enter a valid contract with
Adv.Ambiraj?
Ans.
No, he cant.
An agreement by a minor is void and
inoperative ab initio.

Issue no.2
Will Nejesh be protected because he is a minor ?
Ans.
No, he wont be
A minor is liable to pay for necessaries
According to sec.68 of Act, If a minor,
incapable of entering into a contract,or anyone
whom he is legallybound to support, is supplied
by another person with necessities suited to his
condition of his life, the person who has
furnished such supplies is entitled to be
reimbursed from the property of such incapable

Issue no.3
Is there any chance for Ambiraj to get paid ?
Ans.
Yes, there is.
A legal advice is considered to be necessary
according to sec.68 of Contracts Act.

DECISION OF THE CASE

Though it is a minor contract, it is valid as it


is made of necessaries. So Nejesh will be
made liable to pay to Adv. Ambiraj his
remuneration.

REFERENCE
Polaram v/s Ayubkhan

CASE ANALYSIS

Suraj S

Case
X bought an used car from Y for an
installment of 11 months. X gave Rs 25,000
to Y when X received the car. In the contract
made by X and Y, it is stated that the
remaining amount must be made in monthly
installments for 11 months at a payment of
Rs 3,500 each month. It is also stated that if
X fails to pay installments in any month, Y
can hold back the car from X. After 4
successful installments, X

failed to pay the fifth months installment. Y took


back the car from X. X filed a case in the court
against Y for taking back the car from him after
X paid the advance and also four months
installments to Y.

Facts related with the case


X paid an advance of Rs 25,000 to Y for
buying his car and the remaining amount as
installments for 11 months at a payment of
Rs 3,500 each month.
Y revocate the car from X after X failed to
pay the installment as specified in the
contract.
X files a case against Y for revocating the
car from him.

Issues related to the case


Is it a valid contract ?
Breach of contract

Issue Analysis
Is it a valid contract?
Yes, it is a valid contract. Contract is valid as
there was an agreement being made by the two
parties. According to Section 10 of the Indian
Contract Act, all agreements are contracts if
they are made under the free consent of the
parties competent to contract, for a lawful
consideration and with a lawful object and are
not expressly declared to be void.

Is there a breach of contract ?


Yes, there is a breach of contract as X failed
to pay the installments every month without
failure. The contract clearly states that failure of
payment of installments will lead to revocation
of the car.

Theories
Contract
Offer and Acceptance
Breach of Contract

Contract
An agreement creating & defining obligation
between the parties

Offer and Acceptance


An agreement is the basic element of valid
contract. Agreement is created by offer &
acceptance. The offer must be definite & the
acceptance of the offer must be absolute &
unconditional.

Decision of the case


As it is clearly stated in the contract between
X and Y, i.e, if X fails to pay the monthly
installments without any failure, Y can
revocate the car from X. So it will not give
any sort of benefits or compensation to X
even if he approached the court and filed a
case against Y for revocating the car without
giving any prior notice to X.

Case analysis
Akhil Chand. S

Case
Mr Manu and Mr Rahul get into a contract in
which Mr Manu agrees to sell his cow to Mr
Rahul for Rs 5000/- .In the contract agreement it
is clearly mentioned that the transaction should
be made within a frame of 30 days. Mr Rahul
paid Rs 1000 as advance and remaining amount
should be paid within 30 days. After party
enforcing the contract, the cow died because of
lack of attention and care by Mr Manu. Mr Manu
informed the news to Mr Rahul. Mr Rahul files a
case against Mr Manu for compensation.

Facts related with case


Mr Rahul paid Rs 1000 in advance for the
future benefit.
Mr Manu failed to fulfill the terms and
conditions of the contract.
Mr Rahul files a case against Mr Manu for
getting compensation.

Issues
Breach of contract
Is it a valid contract

Issue Analysis
Yes, it is a valid contract. Contract is valid as
there was an agreement being made by the
two parties.
There is valid offer and acceptance.

Theories
Indian contract Act 1872
Offer and Acceptance

Decision
Since Manu failed to fulfill the terms and
conditions mentioned in contract, Mr Manu is
liable to pay compensation and the advance
amount to Mr Rahul.