Assignment- 2

Note: Date of submission: 1.10.2009

Assignment
1. Describe the essentials of a valid contract with the help of relevant case law and examples.
2. What is quantum meruit? Explain the cases in which the claim of quantum meruit arises.
3. What are the remedies available to a seller in case of breach of contract of sale.
4. Discuss the various kinds of partners in a partnership firm.
5. What are the different modes through which a partnership firm may be dissolved.
6. Analyse the following cases and answer the questions with the help of statutory provisions and decided cases

Case Number 1
A representative from Eureka Forbes visits Andrew on the 1st February 2009. He informs Andrew that his company is prepared to install Aquaguard at a guaranteed price of Rs 5000. Andrew is hesitant and decides to think the matter over. The representative leaves, pointing out that the guaranteed price only remained open till 8th February 2009.
On the following day, Andrew sees an advertisement by Eureka forbes, which offers Aquaguard at a standard price of Rs 4500. He immediately telephones Eureka forbes in order to accept the terms of this advertisement. The company replies that owing to high demand, the advertised offer has been withdrawn.
On 7th February 2009, Andrew telephones Eureka Forbes again. He leaves a message with the answering service in which he accepts the offer of Rs 5000 made by the company representative. He also sends a letter confirming the order that afternoon. Andrew later goes to the pub for a drink where he meets a friend who informs him that he can obtain Aquaguard from another firm for Rs 4000. Andrew rushes home and telephones Eureka Forbes expressing his wish to cancel the order. The secretary, now on duty, points out that she has not yet had an opportunity of listening to the answering service tapes but that she will note down his wishes. Andrew’s letter of the 7th Feb 2009 arrives on the 9th Feb 2009 at Eureka Forbes Premises. The letter is received by the secretary of Eureka Forbes. Whether there is a valid contract between Andrew and Eureka Forbes.


Case Number 2
In Re McArdle 1951, a number of children were entitled to a house on the death of their mother. Whilst the mother was still alive, her son and daughter-in-law lived with her and the daughter-in-law made improvements to the property. The children later promised that they would pay the daughter-in-law for this work, but after her mother-in-law’s death, the children refused to pay. Was the daughter-in-law able to claim this payment?

Case Number 3
D bought tyres from Dunlop Co.and sold them to S a sub dealer, who agreed with D not
to sell below Dunlop’s list pirce and to pay Dunlop Co.Rs 75 as damages on every tyre he undersold. S sold two tyres at less than the list price and thereon Dunlop Co.sued him for the breach. Will Dunlop and Co succeed? Decide with the help of relevant law and cases.

Case Number 4

A contracts with B to build a house for B for RS 3,00,000/- After A has proceeded with the work for sometime and before the work is completed. B repudiates the contract and prevents A from proceeding with the work. What are the remedies available to A?