IN THE HONORABLE HIGH COURT OF VADODARA

INDIA

IN THE MATTER OF
MR.MOHAN........................... (PLAINTIFF)
V/S
MR.SOHAN............................ (DEFENDANT)

MEMORIAL ON BEHALF OF THE RESPONDENT

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 LIST OF ABBREVIATION
1) INDEX OF AUTHORITIES
a) ACTS/STATUTES
b) BOOKS
c) INTERNET SOURCES
d) LIST OF CASES

2) STATEMENTS OF JURISDICTION

3) SYNOPSIS OF FACTS

4) ISSUES RAISED

5) SUMMARY OF ARGUMENTS

6) BODY OF ARGUMENT
• WHETHER THERE WAS A CONTRACT BETWEEN MOHAN AND SOHAN

• WHETHER POSTAL CONTRACT IS VALID AS PER THE INDIAN

CONTRACT ACT 1872?

• WHETHER THIS REVOCATION IS VALID AS PER THE INDIAN

CONTRACT ACT 1872?

• WHETHER MOHAN BREACH CONTRACT?

• WHETHER MOHAN L IS LIABLE FOR PAY COMPENSION REASON OF

BREACH OF CONTRACT?

7) PRAYER

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 LIST OF ABBREVIATIONS
Air All Indian Reporter

All Allahabad

Anr Another

Art. Article

Cr. Criminal

Edn. Edition

Govt. Government

Hon’ble Honourable

Pc Privy Council

Scc Supreme Court Cases

U/S Under Section

Vol. Volume

Www. World Wide Web

Ipc Indian Penal Code

Crpc Code Of Criminal procedure

& And

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 INDEX OF AUTHORITIES
ACTS/STATUTES:

➢ Code Of Civil Procedure 1908

➢ Constitution Of India, 1950

➢ Indian Contract Act 1872

BOOKS:

➢ Massy I.P. Administrative Law (Eastern Book Company, 2008)(7th Edition)

➢ M.P.Jain, Code Of Civil Procedure

➢ V.N.Pandey, Contract-1 (Central Law Agency)

➢ Dr,R,K Bangia Contract-1(12th Edition)

INTERNET SITES:

www.judis.nic.in

www.manupatra.com

www.loksanha.nic.in

www.indiancontractact1872.com

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 LIST OF CASES

➢ M.C.Manickam Chettiar Vs The Madras City Municipal...On 22september, 1975....

➢ Bank Of India &Ors Vs O.P Swamakar Etc On 17 December, 2002

➢ Lalit Mohan Taran Vs Lal Mohan Deb And Ors,On 9 March, 1984

➢ Hetanram Ramgopal Vs Chief Engineer, Pwd, Rajasthan...On 16 April, 1999

➢ Binod Kumar Khetan Vs The Hindustan Copper Limited And...On 16 February, 2006

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STATEMENT OF JURISDICTION

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STATEMENT OF FACTS

➢ FACT NO: 1

Sohan And Mohan There Are Two Party In This Case. They Was A Best Friend As Well As
Best Business Dealing Person. Mohan He Is Actually From Hyderabad And Sohan Who Is
Belonging From The Bhillai.

➢ FACT NO: 2

On 1ST November What Happened On 1st November 2012, Mohan, From His Come
Addressed At Hyderabad, Wrote To Sohan At His Addressed At Bhillai, Offering To Sell
Him His Customized Volkswagen Polo Motor Car,(Which He Has Long Admired), For
Rs.5,00,000 The Offer To Remain Open Until 5th November,2012.

➢ FACT NO: 3

On 2nd November sohan receive the offer and he went lucknow for some business purpose.

➢ FACT NO: 4

This Was Delivered To Sohan’s Bhillai Address On 3rd November 2012. On 4th November,
2012, Sohan Posted An Acceptance Of The Offer From Lucknow, Addressed To Mohan At
His Business Address, (Which Was The Address From Which Mohan Usually Conducted
Dealings With Sohan) In Kondapur, Hyderabad.

➢ FACT NO: 5

It Was Delivered There On 5th November, 2012 But As Mohan Was Absent From His Office
On That Day, And It Wasn’t Read By Him Until 6th November, 2012. On 7th November,
2012 Sohan Returned Home And Read The Letter Of Revocation.

➢ FACT NO: 6

Sohan Claimed That A Contract Had Between Himself And Mohan, In That He Had
Accepted The Offer Either On 4th November, 2012 Through The Application Of The Postal,
Or On The 5th November, 2012 When The Letter Was Delivered To Mohan’s Place Of
Business.

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 ISSUES RAISED

• WHETHER THERE WAS A CONTRACT BETWEEN MOHAN AND SOHAN

• WHETHER POSTAL CONTRACT IS VALID AS PER THE INDIAN

CONTRACT ACT 1872?

• WHETHER THIS REVOCATION IS VALID AS PER THE INDIAN

CONTRACT ACT 1872?

• WHETHER MOHAN BREACH CONTRACT?

• WHETHER MOHAN L IS LIABLE FOR PAY COMPENSION REASON OF

BREACH OF CONTRACT?

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 SUMMARY OF ARGUMENTS

1. NO THERE WAS NO CONTRACT OR AGGREMENT BETWEEN THEM.

Because As Per The Indian Contract Act If One Party Agree To Sell Something To
Someone This Is Not A Contract Or Agreement .In This Case Mohan On 1st
November,2012, Mohan, From His Home Addressed At Hyderabad, Wrote To Sohan
At His Addressed At Bhillai, Offering To Sell Him His Customized Volkswagen Polo
Motor Car,(Which He Has Long Admired), For Rs.5,00,000 The Offer To Remain Until
5th November,2012. But Before The Acceptance Of Offer By Sohan, Mohan Revoke
It.

2. YES POSTAL CONTRACT ALSO VALID IF BOTH PARTY AGREE FOR

MAKING A CONTRACT WITH POSTAL SYESTEM

According To The Indian Contract Act, When The Person Whom The Proposal Is
Made, Signifies His Assent There To, The Proposal Is Said To Be Accepted. Thus
,When A Proposal Is Assented To By The Offeree. He Is Said To Have Accepted The
Proposal. The Communication Of Proposal, The Acceptance Of Proposal And The
Revocation Of Proposal And Acceptance, Respectively, Are Deemed To Be Made By
Any Act Or Omission Of Party Proposing, Accepting Or Revoking, By Which He
Intends To Communicate Such Proposal, Acceptance Or Revocation, Or Which Has
The Effect Of Communicating It. The Communication Of An Acceptance Is Complete-
As Against The Proposer When It Is Put In A Course Of Transmission To Him So As
To Be Out Of The Power Of The Acceptor, As Against The Acceptor, When It Comes
To The Knowledge Of The Proposer.

The Communication Of An Acceptance Is Only Complete When The Knowledge Of

The Acceptance Reaches The Proposer, The Proposer Receives. I.E The Letter
Containing The Absolute And Unqualified Acceptance To The Terms Of The Offer.
Here The Words “Put In The Course Of Transmission” Implies That Proposal Or
Telegram Services Can Be Used.

Since The Proposal Has Been Communicated Using The Postal Service, Any Means
Of Communication Which Is Faster Than Or Least Equally Efficient Can Be Used To
Communicate The Acceptance. These Methods Are, However, Contingent To The
Provision Of The Offer. If The Proposal Specifies A Particular Method, Then That
Method Should Be Followed. Also, If There Is And Urgency Or The Time-Period Is
Limited, An Appropriate Method Should Be Used.

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3. AS PER SECTION 5 OF INDIA CONTRACT ACT 1872 REVOCATION IS
VALID?

Section 5 Define Revocation Of Its Acceptance As Against The Proposal, But Now
Afterwards. An Acceptance May Be Revoke At Any Time Before Its Acceptance Is
Complete As Against The Acceptor, But Not Afterwards.

4. THERE WAS NO BREACH OF CONTRACT BT MOHAN.

Because No Contract Is Made Between Mohan And Sohan.Mohan Already Revoke The
Contract Before Is Acceptance.

5. MOHAN ALSO NOT LIABLE TO PAY ANY COMPENATION.

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 BODY OF ARGUMENTS/WRITTEN PLEADINGS

1) NO THERE WAS NO CONTRACT OR AGGREMENT BETWEEN THEM.

Because As Per The Indian Contract Act If One Party Agree To Sell Something To Someone
This Is Not A Contract Or Agreement. In This Case Mohan On 1st November What Happened
On 1st November 2012, Mohan ,From His Home Addressed At Hyderabad, Wrote Sohan At
His Addressed At Bhillai, Offering To Sell Him His Customized Volkswagen Polo Motor Car,
(Which He Has Long Admired),For Rs 5,00,000 The Offer To Remain Open Until 5 th
November 2012, But Before The Acceptance Of Offer By Sohan Mohan Revoke It.

Now We Can Define A Contract And More Importantly, Understand What Is “Not” A
Contract. A Contract Is An Accepted Proposal(Agreement) That Is Fully Understood By The
Law And Is Legally Defined Or Enforceable By The Law.

So A Contract Is A Legal Document That Bestows Upon The Parties Special Rights(Defined
By The Contract Itself)And Also Obligation Which Are Introduced, Defined And Agreed Upon
By All The Parties Of The Contract.

2) YES POSTAL CONTRACT ALSO VALID IF BOTH PARTY AGREE FOR

MAKING A CONTRACT WITH POSTAL SYSTEM.

Accordingto The Indian Contract Act When The Person To Whom The Proposal Is Made,
Signifies His Assent There To, The Proposal Is Said To Be Accepted. Thus, When A Proposal
Is Assented To By The Offeree, He Is Said To Have Accepted The Proposal. The
Communication Of Proposals, The Acceptance Of Proposal, And The Revocation Of Proposal
And Acceptance, Respectively, Are Deemed To Be Made By Any Act Or Omission Of The
Party Proposing, Accepting Or Revoking, By Which He Intends To Communicate Such
Proposals, Acceptance Or Revocation Or Which Has The Effect Of Communicating It.[2] The
Communication Of An Acceptance Is Complete- As Against The Proposer When It Is Put In
A Course Of Transmission To Him So As To Be Out Of The Power Of The Acceptor, As
Against The Acceptor, When It Comes To The Knowledge Of The Proposer.

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The Communication Of An Acceptance Is Only Complete When The Knowledge Of The
Acceptance Reaches The Proposer, The Proposer Receives I.E The Letter Containing The
Absolute And Unqualified Acceptance To The Terms Of The Offer. Here The Words “Put In
The Course Of Transmission” Implies That Proposal Or Telegram Services Can Be Used.

Since The Proposal Has Been Communicated Using The Postal Service, Any Means Of
Communication Which Is Faster Than Or Least Equally Efficient Can Be Used To
Communicate The Acceptance. These Methods Are, However, Contingent To The Provision
Of The Offer. If The Proposal Specifies A Particular Method, Then That Method Should Be
Followed. Also, If There Is And Urgency Or The Time-Period Is Limited, An Appropriate
Method Should Be Used.

3) AS PER SECTION 5 OF INDIA CONTRACT ACT 1872 REVOCATION IS VALID?

Section 5 Define Revocation Of Its Acceptance As Against The Proposal, But Now Afterwards.
An Acceptance May Be Revoke At Any Time Before Its Acceptance Is Complete As Against
The Acceptor, But Not Afterwards.

The Indian Contract Act Lays Out The Rules Of Revocation Of An Offer In Section 5. It Says
The Offer May Be Revoked Anytime Before The Communication Of The Acceptance Is
Complete Against The Proposer/Offer. Once The Acceptance Is Communicated To The
Proposer, Revocation Of The Offer Is Now Not Possible.

Let Us Take The Same Example Before. A Accepts The Offer And Posts The Letter On 10th
July. B Gets The Letter On 12th July. But B (The Proposer) The Acceptance Has Been
Communicated On 10th July Itself. So The Revocation Of Offer Can Only Happen Before The
10th July.

4) REVOCATION OF ACCEPTANCE

Section 5 Also States That Acceptance Can Be Revoked Until The Communication Of The
Acceptance Is Completed Against The Acceptor. No Revocation Of Acceptance Can Happen
After Such Date.

Again From The Above Example, The Communication Of The Acceptance Is Complete
Against. A (Acceptor)On 12th July. So Till That Date, A Can Revoke His/Her Acceptance, But
Not After Such Date. So Technically Between 10th And 12th July, A Can Decide Revoke The
Acceptance.

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5) THERE WAS NO BREACH OF CONTRACT BY MOHAN.

Because No Contract Is Made Between Mohan And Sohan. Mohan Already The Contract
Before Is Acceptance.

6) MOHAN ALSO NOT LIABLE TO PAY ANY COMPENATION.

we know that two very important aspects of a contract are the acceptance of the offer.
However, in the practical world of business and economics, the communication of the offer
and acceptance and the timings of these are also very important factors. Let us look at this
communication timeline and also learn about the revocation of an offer.

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 PRAYER

Wherefore, In The Light Of The Facts Stated, Arguments Advanced And Authorities Cited,
The Respondent, Most Humbly Prays Before The Hon’ble Court, To Be Graciously Pleased
To Hold Adjudge And Declare That:

1. The Petition Must Be Grand In The Court Of Law

2. The Decision Of The Court Be Upheld;

3. To Make Appropriate Remedy

4. To Pass Any Other Order Which The Humble Court May Deem Fit The Light Of
Justice, Equity And Good Conscience.

All Of Which Is Most Humbly Prayed And Most Respectfully Submitted By The
Respondent.

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