Category: LLB 2nd Sem LAW OF CONTRACT – II [Case Laws]

60. A and B enter into a partnership one of the clauses of the partnership agreement is to effect on the death of either partner his heirs shall take his place in partnership. A died. Can his heir automatically become partner with B?

1. Facts of the Case 2. Issues in the Case 3. Legal Principles Covered to Support Case Proceedings and Judgement Relevant Provisions – Indian Partnership […]

59. A agrees to sell two cars to B on the terms that the price was to be fixed by valuation of X. B took delivery of one car immediately. X, refused to fix the price. A asked for the return of the car already delivered. B demanded delivery of the other car offering to pay a reasonable price for both the cars. Determine the inputs of A and B.

1. Facts of the Case 2. Issues in the Case 3. Legal Principles Covered to Support Case Proceedings and Judgement Relevant Provisions – Sale of […]

58. A, managing clerk of a solicitor’s firm, had authority to transact conveyancing business on behalf of the firm. X, a client of the firm gave documents for preparing a sale deed. ‘A’ dealt with that property for his own benefit. The client ‘X’ sued the solicitor’s firm. Decide.

1. Facts of the Case 2. Issues in the Case 3. Legal Principles Covered to Support Case Proceedings and Judgement Relevant Provisions – Indian Contract […]

56. ‘J’ the owner of a car wants to sell his car. For this purpose he handed ove his car to ‘P’ an agent for sale at a price of Rs. 50,000/-. The agent sold the car for Rs. 40,000/- to ‘A’, who purchased car in good faith. ‘P’ misappropriated the money. ‘J’ sues ‘A’ to recover car. Decide by giving reasons whether ‘J’ would succeed.

1. Facts of the Case 2. Issues in the Case 3. Legal Principles Covered to Support Case Proceedings and Judgements Relevant Provisions of the Indian […]

55. ‘B’ signed a guarantee to the Bank. Which on the face of it, was intended to be the joint and several guarantee of co-sureties. A, B, C and D. ‘D’ did not sign and afterwards died in an accident. Decide the liability of ‘B’ as co-surety.

1. Facts of the Case 2. Issues in the Case 3. Legal Principles Covered to Support Case Proceedings and Judgements Relevant Provisions: Indian Contract Act, […]

54. ‘B’ selects certain furniture in a shop. The price is settled. ‘B’ arranges to take delivery of the furniture on the next day and agrees to pay the price on the first day of the next month. The furniture was destroyed by fire in the same evening, is ‘B’ liable to pay ‘price, to seller?

1. Facts of the Case 2. Issues in the Case 3. Legal Principles Covered to Support Case Proceedings and Judgements Relevant Provisions: Sale of Goods […]

53. ‘X’ employeed a goldsmith for converting her old jewellery and making new ones out of it. Every evening she received the unfinished jewellery and put it in to a box at the house of the goldsmith. However, she kept the key of the box with herself. One night the jewellery was stolen from the box. ‘X’ wants to hold the goldsmith liable as bailee. Advise.

1. Facts of the Case 2. Issues in the Case 3. Legal Principles Covered to Support Case Proceedings and Judgements Relevant Provisions of the Indian […]

52. A Partner filed a criminal complaint and prosecuted a person for theft of partnership property. The prosecution failed and the accused who was acquitted brought an action against the firm for damages for malicious prosecution. Is the firm liable?

1. Facts of the Case 2. Issues in the Case 3. Legal Principles Covered to Support Case Proceedings and Judgements Relevant Provisions: Legal Analysis: Supporting […]