Annexure-V- Cover Page for Academic Tasks

Course Code: BSL605 Course Title: Legal aspect of business

Course Instructor: Dr. Abhishek Pandey

Academic Task No.:CA2 Academic Task Title: Contract

Date of Allotment: 8th August 2020 Date of submission: 5th Sept 2020

Student’s Roll no: B56 Student’s Reg. no: 11901305

Evaluation Parameters: (Parameters on which student is to be evaluated- To be mentioned by students as
specified at the time of assigning the task by the instructor)

Learning Outcomes: (Student to write briefly about learnings obtained from the academic tasks)
With this assignment we have learnt about how to conduct research and use data to analyze the results
Declaration:

I declare that this Assignment is my individual work. I have not copied it from any other
student’s work or from any other source except where due acknowledgement is made explicitly
in the text, nor has any part been written for me by any other person.

Student’s Signature: Gul Ahmad Esmati

Evaluator’s comments (For Instructor’s use only)

General Observations Suggestions for Improvement Best part of assignment

Evaluator‟s Signature and Date:

Marks Obtained: Max. Marks: …………………………

 Case 1

Failure to Provide Services

Introduction

Failure to Provide Services, In addition to any other rights and remedies of Cabot under this Agreement,
in the event that Davies fails to supply Cabot with its requirements for Services for any reason, Cabot
shall have the right to provide such Services for itself or purchase Services from sources other than
Davies. In such case, the amount of Products so provided or purchased shall count toward the volume
some requirements. Hereof each a "Setoff" provided, however, than in order for Cabot to be entitled to
a Setoff, Cabot must have provided Davies at least one-week lead-time on the relevant order and the
relevant order must not be for a quantity in excess of per week.

Breach of the contract

Practical Law may have moderated questions and answers before publication Business is depending on
other companies for some of its needs, enveloping of building maintenance and transporting clients.
Therefore, you have to a contract with a company forever ten years, which is supposed to send in staffs
to do basic assignments like taking out the trash and cleaning common areas, but the company has
failed to send anyone for the last three weeks.

When you called for the main the contract, you have learned that the company have taken on extra
work and was struggling to keep up with all the work. Therefore, you got promise that some would
come out when available.

You might be having either a personal or business contract with some another party who is supposed to
perform the services well for you, but the reason you have a contract is that you depend on those
services. In this case, you do not have anyone you can spare to do this particular work, besides which
you have already paid another company to perform those functions.
Analysis

In this case, we have a long-standing relationship with another company that you may want to protect.
They are breaking the contract and being highly disrespectful, but they probably do not want to lose
your business either at this point.

If we let them know that, you are serious about enforcing the contract and that you expect to get credit
for the work not done. You may want to speak to an attorney about whether it is better to find a mutual
resolution where both parties walk away from the contract if the other company can no longer perform
the necessary work.

Conclusion

Practical Law may have moderated questions and answers before publication. No answer to a question
is legal advice and no lawyer-client relationship is created between the person asking the question and
the person answering it. Where appropriate, you should consult your own lawyer for legal advice.
Practical Law's employees are not practicing solicitors or barristers.
 Case 2

Sehgal School of competition Voalbir

Introduction

In this landmark judgement concerning educational institutions that leveled back to the year 2006, a
student was asked to deposit tuition fees of 35000 as fees for coaching for medical entrance
examination for the next two year. The student in the complete installments within the first six month of
class deposited this. However, the student realized later than the quality of the coaching institues was
stostandard and therefore sought a defund for the remaining period which was reformed by the
coaching center.

Breach of the contract

The court dismissed the agreement raised by school of completion and said than UGC guidelines that
mention that even if the student has not attended a single class and amount of 21,000 Rs may be
deducted and proprfconate charges for the hotel fee etc. and the balance amount have to be refunded.
On blocking of seat, the commission advised to keep a reserve list of students.

Analysis

According to my analysis, it is clear that educational institution of coaching center that charge tuition
fees for the whole duration or should be rebounded by the service is defined. In the quality of the
education or coaching. The court verdict was against the defendant of competition.

Here the plaintiff of Dalbir Singh was successful and the verdict was favorable to him.
Conclusion

As per the analysis part the educational institutes also comes under the consumer protection act and
the above case connects. No institution can collect tuition fees amount. If so, it should be refunded if
proved deficiency. Any clause saying that fees once paid shall not be rebounded is unconscionable,
unfair, and therefore not enforceable. In this case, the count ordered to the defendant to pay back more
than they charged as feed, which includes completion for the court charges and mental stress faced by
the plaintiff.