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Solutions:

Q1. I run a public carrier company in our business on some occasions the goods given to us are lost. We also execute Agreements with our customers providing that we will not be liable for loss of damage. If our customer files a case against us for loss of goods, what is our liability? A. A common carrier in India is not merely a bailee as we understand and his liability against the loss or damage is more than what Sections 151, 152 and 161 of the Indian Contract Act 1872 provided. He is an insurer of the goods so to speak and in the absence of a special contract under Section 6 his liability is absolute. By entering into a special contract under Section 6 of the Act, the common carriers' liability may either be governed by the Indian Contract Act 1872 or by the English Common Law. Q2. I have dispatched certain articles on a Transport company which were to be delivered to one of the customers who had paid the amount for the same. The Transport Company lost goods and it never reached our customers. After receiving amount from customer can I as owner sue the Transport Company? Can our customer also file a case and on what basis? A. The consignor is entitled to sue for the carrier either on the basis of title, if the property in the goods has got passed from him or on the basis of the privity of contract between himself and the carrier for the carriage of goods. If the true owner of the goods has failed to bring an action against the carrier for the loss of or damages to the goods, the consignee is not without remedy. Courts have power to circumnavigate technical hurdles to prevent miscarriage of justice. The consignor though without title, had privity of contract with the carrier for carriage of goods and so is allowed to sue on it. Q3. We run a transport company and in our bills it is printed that we shall not be liable for any loss or damage to the articles during transit. If somebody still sue us for such a lost what is our liability? A. Condition printed on the consignment note to the effect that the carrier company would stand discharged from all liability for any loss or damage, does not result in absolving the carrier company of the liability in absence of special contract signed by owner of goods. Q4. I sent certain coolers through transporters who seem to have sold them and did not make delivery as we desired. What is my remedy against such a transporters and what do I have to prove in such a case? A. If a suit is brought against a common carrier for loss, damage or non-delivery of the goods entrusted to it, it is not for the plaintiff to prove that the loss, damage or non-delivery was due to the negligence of the carrier, his servants or agents. Negligence is presumed from loss of or injury to goods. Q5. I want to file a case against a party, which signed a contract with me for not following the terms of that contract. The contract was signed in Bombay but I made the offer in Delhi. Can I file the case in Delhi?

A. Suit on breach of contract may be filed at the place where it was made or at the place where it should have been performed and the breach occurred. Mere making an offer does not constitute cause of action in a suit for damages for breach of contract. But when it was accepted, suit may be filed at the place of acceptance. Q6. Can two parties orally agree that a particular court will only the able to hear any case a filed by one of them? A. Parties to a contract can orally select a court for the purpose of jurisdiction when more than one court have concurrent jurisdiction. Such a contract neither is opposed to public policy nor barred by Section 20 of Indian Contract Act. Q7. I had made an offer to the other party. The other party accepted my offer. However, before the acceptance, which was sent by post, could reach me, I sent a letter to the other party revoking the said offer. The other party challenged my revocation of the offer, saying that the contract was completed. What is the correct legal position? A. As soon as the acceptance is posted, the acceptance is completed and contract stand concluded in terms of section 4 of the Indian Contact Act. Q8. The government issued a tender notice. In response, I made an offer to the same. Later, before communication of the offer, I desired to withdraw my offer. The government rejected the same, on the ground that the tender notice contain a clause to the contrary. Am I not entitled to withdraw or modify my offer? A. You can withdraw or modify your offer before its communication. Merely because the government has put a clause to the contrary in a tender notice, your right to offer cannot be taken away. Q9. I entered into an agreement with a company. All the proposals made by me were accepted though a formal contract is not yet concluded. Now the other party wants to change certain terms. Can they do so? A. No the other party cannot change the term of the contract as the proposals made by you had been accepted. As such, the contract is completed even though the formal agreement has not been concluded. Any unilateral change in the agreement without your prior consent amounts to breach of the terms of contract. Q10. We have contracted with a foreign company to make computers. After the formal contract was executed we came to know about their previous offer to the other Company. Can the company be now sued for fraud because of concealment of information? A. You cannot sue the Company as no fraud has been committed by the Company on account of nondisclosure of information relating to previous offer or any past transaction. The Company is not obliged to disclose such information relating to previous offer to any other company.