BUS 301

GROUP PRESENTATION
GROUP MEMBERS

NAME ID no.
MOHAMMAD IRFANUL HOQUE 192000502
CASE STUDY 1

 A pays Rs. 10.000 to B in consideration of B's promise to marry

C. A's daughter. C dies and the marriage does not take place.
Can A claim a refund of the money from B?
ANSWER

 Here, A pays Rs. 10000 to B in consideration of B’s promise to marry C. A’s daughter.
 But, C dies and the marriage doesn’t take place.
 In this case, A can claim a refund of the money from B. Because section 64 of the
Contract Act provides that when a person, at whose option a contract is voidable,
rescinds such contract, he must restore to the other party any benefit which he may
have received from him.
 A pays money to B for marrying A’s daughter C. But unfortunately C dies and the
marriage doesn’t occur. So the contract is void and B must repay A Rs. 10000 or the
money he took from A for marrying A’s daughter C.
CASE STUDY 2

 A agreed to let his hall to B, for some public entertainment on

1st December, 1965. On 28th November, 1965 the hall was
destroyed by accidental fire. Discuss the respective right of A
and B.
ANSWER

 Here, A agreed to let his hall to B, for some public entertainment on 1 st December, 1965.
 But, on 28th November, 1965 the hall was destroyed by accidental fire.
 In this case, Taylor v. Caldwell. 1 Blackburn J. observed as follows. "In contracts in which the
performance depends on the continued existence of a given person or thing, a condition is
implied that the impossibility of performance arising from the perishing of the person or thing
shall excuse the performance".
 A agreed to let his hall to B for some kinds of entertainment purpose on 1st December, 1965.
But, accidental fire destroyed the hall on 28th November, 1965. So the contract becomes void
because the hall was accidentally destroyed by fire before the date of the public entertainment.
THANK YOU All.