Professional Documents
Culture Documents
VERDICT: The consent is obtained by undue influence. The court said: would any reasonable man in the full
possession of his essence and not under unusual influence of some kind or the other do such a thing.
VERDICT: It was held that the defendants were entitled to avoid the charterparty. “There was the positive assertion
by the plaintiffs about the size of the the ship --- an assertion not warranted by any information the plaintiff had at
time, and which was not true."
Boulton vs Jones
Facts of the Case: Jones, the offender, operated a construction materials company. He was a frequent client of
Brocklehurst, which supplied him with construction supplies. They were friends with each other now on both sides.
On a beautiful day, the offender sent Brocklehurst’s store a written order for products. The offender moved his
company to Boulton without knowing that Brocklehurst had already been sold. When Boulton got the order for the
goods, he made the decision to fulfill it and gave the items to the defendant without letting him know that he had
taken over Brocklehurst’s company. The offender used the items after accepting them under the impression that
Brocklehurst had provided them.
ISSUES of the CASE: Was Jones the defendant to Boulton, be liable to pay? And whether the claimed goods amount
by the Boulton was already used by the Jones or not?
Whether there was any duty on the Boulton which has to be performed for giving the information regarding the
taking over of the business and its information to be given to Jones?
JUDGEMENT: The judge ruled that Mr. Jones, the defendant, was not responsible for paying Boulton’s fee. A contract
is crucial when it is formed with a particular individual. There was therefore no agreement between the parties.
ISSUES: The complainant argued he suffered a loss of profit and claimed damages when the defendant did not
honour the contract. The defendant argued that Hartog would have known that this was a mistake to the pirce of
hare skin and that he had fraudulently accepted the offer. The issue in this case was whether the contract would be
rescinded for the mistake to the price of hare skin.
VERDICT: It was held that there was no contract between the complainant and the defendant. Any contract would be
void by the mistake of the hare skin price; the complainant would have known that it was normally sold per piece
and not by pound. The court said that there is a duty to correct a mistake that is known to not be the real intention of
the person making it. You cannot simply take advantage and ‘snap up’ the offer.
Fateh Singh vs Sanwal Singh
FACTS: In Fateh Singh, the appellant was required by the Magistrate to furnish two sureties for his good behaviour,
each in the sum of Rs 600. He deposited the sum with the respondent and persuaded him to become a surety. After
the period of suretyship was over, he sued the respondent for the amount.
VERDICT: The Allahabad High Court held the agreement void and the amount irrecoverable. The intention in
requiring a surety is that the surety shall at his own risk see to the appearance of the accused. This purpose is
definitely defeated by an agreement of the above sort. A contract to indemnify the surety against his liability is illegal
for the same reason.
VERDICT: The court held that the contract contained in the bond was indistinguishable from slavery, which involves
injury to the person and was, therefore, void.
VERDICT: The claim was resisted on the ground of immorality, but she was held entitled to recover. What is immoral
is interference with marital status, whereas, in the present case, "after decree nisi the bottom has dropped out of
marriage: nothing but a shell is left". Accordingly, the circumstances which led to mischief were absent here.
ENGLISH ASSIGNMENT
B.A.L.L.B, 1 SEMESTER
ST
TOPIC- TENSES
SUBMITTED TO-
MISS. RAMA GUPTA
B.A.L.L.B, 1 SEMESTER
ST
SUBMITTED TO-
MR. VINOD KUMAR PAL
B.A.L.L.B, 1 SEMESTER
ST
TOPIC-CAPACITY TO CONTRACT
SUBMITTED TO-
MISS. ANSHU MISHRA
B.A.L.L.B, 1 SEMESTER
ST
SUBMITTED TO-
MR. RAM SINGH