Lingo Bhimrao Naik v. Dattatrya Shripad Jamadagni (1937) 39 BOM LR 1233 (Minor-Undue Influence-S.16) FACTS: Defendant, adoptive mother of plaintiff, was alleged to use undue-influence to obtain the consent of the plaintiff, once he attained the age of majority, to ratify the gift deeds made to her daughters in regard to non-watan property. Though the… Read More Lingo Bhimrao Naik v. Dattatrya Shripad Jamadagni
Saunders v. Anglia Building Society  3 All ER 961 (non-est factum principle) PRINCIPLE: In order for the defense of non-est factum to succeed, the person must show that the transaction which he signed was essentially different in substance or in kind from the one which he purported to sign. Earlier it was thought that this defense could not… Read More Saunders v. Anglia Building Society
Shogun Finance Ltd v. Hudson  1 All ER 215 (Mistake as to identity) FACTS: A dealer agreed a price for the sale of motor vehicle on hire-purchase to a fraudster who produced stolen driving license of Mr. Patel and forged the signatures. Having completed a satisfactory credit check of Patel, SF approved the sale… Read More Shogun Finance Ltd v. Hudson
Esso Petroleum Co. Ltd. v. Mardon  QB 801 (Collateral Warranty and Misrepresentation) FACTS: A much experienced employee of Esso estimated throughput of petrol from particular station (to be built) to reach 200,000 gallons in 3rd year of operation. But, owing to refusal by planning authority, filling station was now built “back to front”. Ignoring… Read More Esso Petroleum Co. Ltd. v. Mardon
Bell v. Lever Brothers Ltd.  UKHL 2,  All ER 1 (Mutual mistake as to the quality of thing contracted for and as to the fundamental assumption going to the root of the contract) FACTS: Lever entered into two agreements with B and S, first being service contracts by which they were inducted on board of… Read More Bell v. Lever Brothers Ltd.
Smith v. Hughes (1871) LR 6 QB 597 (Mutual and Unilateral Mistake—Misrepresentation, Fraud—Condition, Warranty) FACTS: S (Smith) sued H (Hughes) for the price of oats sold and delivered, and for damages for not accepting the oats. S had offered to sell to H by sample a parcel of oats. According to H, S described the… Read More Smith v. Hughes
Proform Sports Management Ltd. v. Proactive Sports Management Ltd. and Anr.  1 All ER 542 (Contract for Necessity-Voidable Contract recession) FACTS: Proform entered into a representation contract with wayne rooney, a famous footballer when he was a minor (of 15 years of age). The contract was to expire after two years. During the last… Read More Proform Sports Management Ltd. v. Proactive Sports Management Ltd. and Anr.
Nash v. Inman  2 KB 1 (Contract for necessity for minor enforceable) FACTS: A tailor supplied 13 waistcoats and other things of that kind to a undergraduate student when latter was a minor. Student refused to pay for the goods supplied and tailor brought this suit against him for recovery of price of those… Read More Nash v. Inman
Leslie Ltd. v. Sheill (1914) 3 K.B.607 (Minor agreement—void—equitable relief) FACTS: Defendant obtained loans from plaintiff by fraudulently misrepresenting that he was of full age at the time of contract. Defendant sued him to recover the money. ISSUES: 1) Whether defendants are entitled to equitable restitution against loan given to minor? 2) Whether they could claim… Read More Leslie Ltd. v Sheill
Mohori Bibee v. Dharmodas Ghose (1903) 30 Cal. 539 (Minor Agreements) FACTS: Agent of defendant advanced money to plaintiff, an infant, fully knowing his incompetency to contract, against mortgage of property belonging to latter. Plaintiff commenced this action to get the mortgage declared as void u/s 2, 10 and 11 of ICA and repossession of property thereunder conveyed to… Read More Mohori Bibee v. Dharmodas Ghose
Trimex International Fze Limited v. Vedanta Aluminium Limited 2010 (1) SCALE 574 (Formation of a contract) FACTS: Trimex offered, via an email, the supply of bauxite to VAL which, after several exchanges of e-mails, was subsequently accepted by latter, confirming the supply of 5 shipments of bauxite from Australia to India. Though a draft contract… Read More Trimex International Fze Limited v. Vedanta Aluminium Limited
Bhagwandas Goverdhandas Kedia v. M/s. Girdharilal Parshottamdas 1966 AIR 543 (S.3 and 4, place of formation of contract, postal rule) FACTS: Plaintiff offered to get certain goods supplied at Ahmedabad to defendants who accepted the offer at Khamgaon. On defendants’ failure to supply requisite goods, plaintiff sued them at Ahmedabad. Dispute arose as to where… Read More Bhagwandas Goverdhandas Kedia v. M/s. Girdharilal Parshottamdas