BEFORE THE DISTRICT COURT OF JHARKHAND

AT RANCHI

Under section 9 of code of civil procedure, 1908

Civil Suit No.: /2017

IN THE MATTER OF

Mr. Alok …….……..……………….. (Plaintiff)

v.

Mr. Alik ……….…….………..…….. (Defendant)

On submission to District Court of Jharkhand

Memorial on behalf of Defendant

Counsel for the Defendant:

Name: Abhishekh Mishra

Semester: I

Section: A

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 TABLE OF CONTENTS

1. List of Abbreviations…………………………………………………………3
2. Index of Authority…………………………………………………………...4
3. Table of Cases………………………………………………………………..5
4. Statement of jurisdiction…………………………………………………….6
5. Statement of fact……………………………………………………………..7
6. Statement of issue…………………………………………………………...8
7. Summary of argument……………………………………………………….9
8. Argument advanced…………………………………………………………10,11
9. Prayer………………………………………………………………………...12

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 LIST OF ABBREVIATIONS

1. V. : versus
2. Sec. : section
3. & : And
4. Sd/- : Signed

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 INDEX OF AUTHORITY
STATUTES
1. The code of civil procedure, 1908 (Act 5 of 1908)
2. The Indian Contract Act, 1872 (Act 9 of 1872)

BOOKS
1. DR Avtar Singh, Law of Contract And Specific Relief (Eastern Book Company,
Lucknow, 12th edn., 2017)
2. Pollock And Mulla, The Indian Contract And Specific Relief Acts (LexisNexis,
Gurugram, 14th edn., 2013)

WEBSITES
1. www.scconline.com
2. www.manupatra.com

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 TABLE OF CASES

1. Carlill v. Carbolic Smoke Ball Co …………………………… (1893) 1 QB 256 (CA)

2. Harvey v. Facey ………………………………………………. 1893 AC 552
3. Chatturbhuj Vithaldas Jasani v. Moreshwar Parashram, ………AIR 1954 SC 236
4. Partridge v. Crittenden ………………………………………… [1968] 2 All ER 421

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 STATEMENT OF JURISDICTION

The Counsel on the behalf of the Defendant most humbly and respectfully submits to the
jurisdiction of the District Court of Delhi under Section 91of the Civil Procedure Code, 1908.

1
Sec 9 of Civil Procedure Code, 1908: Courts to try all civil suits unless barred –
The Courts shall (subject to the provisions herein contained) have jurisdiction to try all Suits of a civil nature
excepting suits of which their cognizance is either expressly or impliedly barred.

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 STATEMENT OF FACT

The defendant Mr.Alik is the owner of “The Grocery Shoppee” and in order to boost up his
sales he put an advertisement in the local paper stating that he will sell boxes of luxury
chocolate at a discount price of Rs 2000, instead of the recommended retail price of Rs. 3500.
It also states that there are only 50 boxes available and if anyone wants the luxury chocolates
should contact him in person at the shop or E-mail him at the given mail id.
II
The advertisement appeared in the local paper on Saturday and the petitioner Mr.Alok sees
the advertisement on the Saturday afternoon and immediately responded via E-mail ordering
six boxes of the Luxury chocolate. The E-mail is received on Alik’s machine at 5.09 pm on
the Saturday.
III
On Saturday evening the defendant realizes that he is making no money on the luxury
chocolate and people are not coming to the shop and buying lots of other groceries as he had
hoped. He phones the local paper asking them to put notice in the next day informing people
that the discount price is no longer available. The Sunday paper is published at 9 am on
Sunday morning and it is delivered to Alok at 10.30 am. Alik opens for business at 10.00 am
on the Sunday. He reads Alok's E-mail at 10.35 am, but refuses to sell him the luxury
chocolate on the ground that the discount is no longer available and hence this suit.
.

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 STATEMENT OF ISSUE

ISSUE 1: WHETHER THERE IS ANY CONTRACT?

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 SUMMARY OF ARGUMENT

ISSUE 1: THAT THERE IS NO CONTRACT.

It is humbly submitted before this learned court that there exists no contract between the
defendant and the plaintiff, because the advertisement to sell in the newspaper was merely an
invitation to offer and not an offer. And as according to s.2 of The Indian Contract Act, 1872
offer is an essential element to form an agreement which in turn is essential to form a contract
thus there exists no contract hence no breach.

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 ARGUMENTS ADVANCED

ISSUE 1: THAT THERE IS NO CONTRACT.

It is most humbly and respectfully submitted before this Court that all agreements are
contracts if they are made by free consent of parties competent to contract, for a lawful
consideration and with a lawful object, and are not hereby expressly declared to be void.2

In the present matter there exist no agreement as it lacks one of the essential elements, offer.
Now the question is what the essentials of an agreement are. Section 2(e)3 of The Indian
Contract Act, 1872 lays down the constituents of an agreement. It clearly states that there
should be a promise to form an agreement.

In the present matter there is no promise. As according to section 2(b)4 of The Indian
Contract Act, 1872 a promise is formed when an offer is accepted. And in this case there was
merely an invitation to offer and not an offer.

1.1: THAT THERE IS MERELY AN INVITATION TO OFFER AND NOT AN OFFER.

This is most humbly submitted before this court that an offer must be distinguished from an
invitation to receive offers. An offer is the final expression of willingness by the offeror to be
bound by his offer, should the other party choose to accept it5, whereas, when a man
advertises that he has got a stock of books to sell or a house to let, there is no offer to be
bound by any contract, such offers are offers to negotiate and offers to receive offers. 6 In case
where a party without expressing his final willingness, proposes certain terms on which he is
willing to negotiate, he does not make an offer, but only invites the other party to make an
offer on those terms. This is perhaps the basic distinction between an offer and invitation to
receive offers as explained in the Privy Council case of Harvey v. Facey.7

In the present case defendant just invited people to contact him in case they want chocolates,
this is invitation to order. When orders are invited; a contract comes into being only when the

2
The Indian Contract Act, 1872 (Act 9 of 1872), s.10
3
The Indian Contract Act, 1872 (Act 9 of 1872), s.2(e) : Every promise and every set of promises, forming the
consideration for each other, is an agreement.
4
The Indian Contract Act, 1872 (Act 9 of 1872), s.2(b) : When the person to whom the proposal is made
signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise.
5
DR Avtar Singh, Law of Contract And Specific Relief 20 (Eastern Book Company, Lucknow, 12 th edn., 2017)
6
Carlill v. Carbolic Smoke Ball Co, (1893) 1 QB 256 (CA).
7
1893 AC 552

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order placed by invitee is accepted by the inviter, the invitation of orders by inviter is not an
offer to contract but merely an invitation to get offers.8

In Partridge v. Crittenden9 it was held that an advertisement of goods for sale in newspaper
or magazine is not an offer, and the defendant in the present matter has advertised through
newspaper for sale of his chocolates thus the advertisement was an invitation to offer and not
an offer. Thus the email by the plaintiff was an offer in response to the invitation to offer
given by the defendant, and, not acceptance. To the plaintiffs offer the defendant did not give
his acceptance. Thus there was no agreement which could result into a contract.

Hence, it is clearly established that the in the present matter also there was no offer by the
defendant and as a result no agreement and thus there was no contract of any kind between
the Plaintiff and the Defendant. Hence, no breach of contract.

8
Chatturbhuj Vithaldas Jasani v. Moreshwar Parashram, AIR 1954 SC 236 .
9
[1968] 2 All ER 421.

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 PRAYER

Wherefore in the light of facts stated, issues raised, arguments advanced and authorities
cited, the Defendant humbly submits to the Learned Court that it may graciously be
pleased to adjudge and declare that:

• There is No Contract between Plaintiff and Defendant.

• The defendant should be compensated for expenditures of all the legal proccedings.

And pass any other order as it deems fit in the interest of equity, justice and
good conscience.

For this act of kindness, the Defendant shall be duty bound to forever pray.

Sd/-

Dated-16/11/2017

(Counsel for the Defendant)

Abhishekh Mishra

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