Lingo Bhimrao Naik v. Dattatrya Shripad Jamadagni

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

Esso Petroleum Co. Ltd. v. Mardon

Esso Petroleum Co. Ltd. v. Mardon [1976] 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

Smith v. Hughes

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.

Proform Sports Management Ltd. v. Proactive Sports Management Ltd. and Anr. [2007] 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.

Mohori Bibee v. Dharmodas Ghose

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

 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

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