Thanks to visit codestin.com
Credit goes to www.scribd.com

Scribd
Upload
106 views2 pages

Business Law Assignment Analysis

Rounak Jain's business law assignment discusses 5 cases related to contract law: 1) An agreement between a husband and wife is not an enforceable contract as it was domestic in nature and domestic agreements fall outside the realm of contract law. 2) In states that follow common law, a minor can avoid a contract due to misrepresentation of age, even if they must pay for any damages caused. 3) Displaying items for sale with prices in a shop window constitutes an invitation to offer, not an offer, so a customer cannot compel the cashier to sell at the displayed price. 4) Under section 68, a minor is liable to pay for necessities like education from

Uploaded by

NAMAN PRAKASH
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
106 views2 pages

Business Law Assignment Analysis

Rounak Jain's business law assignment discusses 5 cases related to contract law: 1) An agreement between a husband and wife is not an enforceable contract as it was domestic in nature and domestic agreements fall outside the realm of contract law. 2) In states that follow common law, a minor can avoid a contract due to misrepresentation of age, even if they must pay for any damages caused. 3) Displaying items for sale with prices in a shop window constitutes an invitation to offer, not an offer, so a customer cannot compel the cashier to sell at the displayed price. 4) Under section 68, a minor is liable to pay for necessities like education from

Uploaded by

NAMAN PRAKASH
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

NAME – ROUNAK JAIN

ROLL NO – 20194442

BUSINESS LAW ASSIGNMENT - 1

1) No, this is not enforceable and binding contract between husband and wife, this is because
the agreement was completely domestic in nature, the court held that an agreement
between husband and wife does not intend to create any legal relationship and domestic
agreement are outside the realm of contract, therefore it is will and void. Case ref (Balfour vs
Balfour)
2) Yes, in a state that follows the common law rule, neither the damage to the property nor
Helen’s misrepresentation of her age will prevent her from avoiding the contract.
Same states would hold that because of misrepresentation of age, Helen must pay for the
damage that she has done, but she can avoid the contract. A few states would hold that
Halen cannot avoid the contract because misrepresented her age. But according to the law
before entering into a contract, as a minor cannot enter into a contract, so therefore it is a
void contract.
3) An invitation to offer is an out precedent to making an offer. It is done with intent to
generally to induce and negotiate. An invitation to offer gives rise to an offer after due
negotiation and it can’t be per so accepted. In an invitation to offer there is no expression of
willingness by the offer or to be bound by his offer. It is only a proposal of certain terms on
which he is willing of certain terms on which he is willing to negotiate. It is not capable of
being accepted as it is. In the instant case Mrs. rose entered the shop, took a basket and
after taking article of his choice into the basket reached the cashier for payment. The cashier
for payment the cashier refused to accept the price.

The display of article with a price in a seek service shop is merely on invitation to offer .it is
not an offer for sale. Therefore, Mrs. rose can’t compel the cashier Mr. Shyam said to sell the
article.
4) According to section 68 of the Indian contract act 1872 a minor is liable to pay out of his
property. For necessaries supplied to his minor department. when he is legally bound to
support.

Necessaries means goods & services or person that are considered necessary as to quality of
life. It also includes education, training or medical services etc.

In the above case, since the loan taken is for education. Therefore, Ramesh will be unable
for loan repayment.

5) I) As per the section 20 of the Indian contract, 1872.

An agreement under by mistake of fact are to void. In this case, there is mistake of fact as to
the existence of the subject matter, i.e with respect to the selling of house which was dead
at the time of the agreement. It is unknown to both the parties. Therefore, it is a void
agreement.

II) As per the section 27 of the Indian contract act ,1872, an agreement in restraint of trade
is void.
However, a buyer can put such a condition on the seller of goodwill, not to carry on some
business, provided that the condition must be reasonable regarding the duration and place
of the business. Since the given case, restraint to carry on business was forever and
anywhere in india. So, the agreement in question is void.

You might also like