BEFORE

THE HON’BLE DISTRICT COURT OF RANCHI

JHARKHAND

UNDER SECTION 20 OF CIVIL PROCEDURE COURT,1908.

IN THE MATTER OF

SANDEEP ----------------------------------------------------------- PETITIONER

VIVEK ---------------------------------------------------------- DEFENDANT

MEMORIAL ON BEHALF OF DEFENDANT

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 TABLE OF CONTENTS

1 Index of authorities……………….3
2.List of abbreviations………………...4
3.Statement of jurisdiction…………...5
4.Statement of facts……………….….6
5.Statement of issues…………………7
6.Summary of arguments…………….8
7.Arguments………………………….9
8. Prayer ………………………….….11

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 INDEX OF AUTHORITIES

STATUES:

1. CIVIL PROCEDURE COURT,1908.

2. INDIAN CONTRACT ACT,1872.

LIST OF BOOKS;

1. DR. AVTAR SINGH, LAW OF CONTRACT, (EBC, TWELFTH EDITION,2017)

2. I. NILIMA BHADBHADE, THE INDIAN CONTRACT AND SPECIFIC RELIEF
ACT, (LEXIS NEXIS, FOURTEENTH EDITION,2014)

TABLE OF CASES:

1. Bajinath v. kshetrahari Sarkar AIR 1955 Cal 210.

2. Patridge v. Crittenden (1968)2 AII ER 421.

3. Pharmaceutical society of Great Britain v. Boots Cash Chemists[1953] 1 AII ER 482

(CA).

4. Badri Prasad v State of Madhya Pradesh AIR 1970 SC 706.

5. Suraj Besan and Rice Mills v Food Corpn of India AIR 1988 Del 224.

6. Deep Chandra v Rukruddaula Shamsher JNM Sajjad All Khan AIR 1951 All 93.

LIST OF WEBSITES

1. www.manupatra.com
2. SCC ONLINE.

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 LIST OF ABBREVIATIONS

1. CPC Civil procedure court,1908.

2. AIR All India reporters

3. SC Supreme court

4. Corpn Corporation

5. Del Delhi

6. V. Versus

7. Hon’ble Honourable

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 STATEMENT OF JURISDICTION

The Petitioner has approached the hon’ble District court of Jharkhand under Section 20 of
CPC.According to section 20 of CPC: Subject to the limitations aforesaid, every suit shall be
instituted in Court within the local limits of whose jurisdiction-

(a) the defendant, or each of the defendants where there are more than one, at the time of the
commencement of the suit, actually and voluntarily resides, or carries on business, or personally
works for gain; or

(b) any of the defendants, where there are more than one, at the time of the commencement of
the suit actually and voluntarily resides, or carries on business, or personally works for gain,
provided that in such case either the leave of the Court is given, or the defendants who do not
reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such
institution; or

(c) the cause of action, wholly or in part, arises.

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 STATEMENT OF FACTS

1. Vivek, the owner of ‘The Chocolate Shoppee’ puts an advertisement in the local
newspaper stating that he will sell boxes of luxury chocolate at a discount price of
Rs.2000 instead of recommended retail price of Rs.3500.
2. The advertisement states that there are only 50 boxes available. It also states that
anyone wanting the luxury chocolates should contact Vivek in person or e-mail him at
vivekek@chocoshoppee.co.in.
3. The advertisement was seen by Sandeep at 4:30 pm on the Saturday afternoon and he
immediately sends an e-mail to Vivek ordering six boxes of luxury chocolates.
4. The e-mail was received on Vivek’s machine at 5:09pm on Saturday.
5. On Saturday evening Vivek informs the local newspaper to put notice in the next day
paper informing people that the discount is no longer available.
6. The Sunday newspaper is published at 9:00am on Sunday morning and it is delivered
to Sandeep at 10:30 am.
7. Vivek opens for business at 10:00am on Sunday and Vivek reads Sandeep’s email at
10:30am, but refuses to sell him the luxury chocolates. He replies stating that the
discount is no longer available.
8. The petitioner, Sandeep sued the respondent, Vivek for breach of contract.

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 STATEMENT OF ISSUES

1) Whether there was an offer or an invitation to an offer.

2) Whether there exists any contractual relationship between both the parties.

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 SUMMARY OF ARGUMENTS

1. That the advertisement is invitation to an offer.

a) To distinguish between offer and invitation to an offer the main point is intention.
The intention basically depends on the person making the statement.
b) When there is invitation to offer the main contract depends on the invitee who
makes an offer and on the inviter who has choice of accepting the offer. In the given
petition, the petitioner was the invitee and inviter was the defendant.

2. That there exists no contractual relationship .

a) According to section 2 of the Indian contract act there needs to be an offer and
acceptance of that offer to form a legally binding contract. In the present petition there
was only an offer made to the invite. There was no acceptance of that offer.

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 ARGUMENTS ADVANCED

1) That the advertisement is an invitation to an offer.

a) Writers of English law have defined an offer as: an intimation, by words or
conduct, of a willingness to enter into a legally binding contract, and

which in its terms expressly or impliedly indicates that it is to become

binding on the offeror as soon as it has been accepted by an act,

forbearance, or return promise on the part of the person to whom it is

addressed. It emphasises on an intention to enter into a legally binding contract and
upon the requirement from the offeree.
b) To have made a proposal a person must have(a)signified to another his willingness to
do or to abstain from doing anything; and (b)has done so with a view to obtaining the
assent of that other to such act or abstinence.
c) A proposal must be distinguished from mere statement of invitation which is not
intended to require acceptance. The latter may be merely a statement for invitation to
make offers. The distinction between offer and invitation to an offer depends upon the
intention of the person making it. So long as one of the parties to the transaction could
back out of it at his choice, there can be no binding or concluded contract between the
parties, although they have an agreement on the material terms.1
d) When orders are invited, a contract comes into being only when the invitee places an
order and the inviter accepts the same. As stated in
Patridgev.Crittenden2advertisements of goods for sale in newspapers or magazines
are not offers. Same as in this petition, the defendant, Vivek advertised in the
newspaper article which only constituted for an invitation to an offer not the actual
offer. An actual offer is made to a specific person whereas a general offer is made to

1
Bajinath v. kshetrahari Sarkar AIR 1955 Cal 210.
2
(1968)2 AII ER 421.

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 the world at large but accepted by conduct, so in the present petition there was no
elements of an offer.
e) As stated in the case ofPharmaceutical society of Great Britain v.Boots Cash
Chemists3quoting price of an article does not signify an offer. The statement is an
offer if the person making the statement shows the intention to be bound immediately
on acceptance but in the present petition no such intention is shown from the side of
the defendant in his advertisement. It was mere invitation to offer.

2) There exists no contractual relationship between both the parties.

a) The interpretation clause indicates that an agreement can be reached by the process of
offer an acceptance. It has been held that every transaction, to be recognised as a
contract, must in its ultimate analysis, resolve itself into a proposal and its absolute
and unqualified acceptance. 4
b) As in the present petition as proved above the defendant made an invitation to offer
so the mail sent by the petitioner is mere offer to that invitation to offer which is on
discretion of the defendant to accept. The offer of the petitioner that is six boxes of
luxury chocolate was never accepted by the defendant. Hence, there exists no
contractual relationship between both the parties.

3
[1953] 1 AII ER 482 (CA).
4
Badri Prasad v State of Madhya Pradesh AIR 1970 SC 706; Suraj Besan and Rice Mills v Food Corpn of India
AIR 1988 Del 224; Deep Chandra v Rukruddaula Shamsher JNM Sajjad All Khan AIR 1951 All 93.

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 PRAYER
In the light of pleadings and authorities cited, the Defendant humbly submits that the
hon’ble court may be pleased to adjudge and declare that:
1. The advertisement was mere an invitation to offer.
2. There exists no contractual relationship between both the parties.
And pass any such order as the hon’ble court deems fit and proper,
for this the defendant shall duty bound pray.

COUNSEL FOR THE DEFENDANT

SANA RAGHUVANSHI

SEMESTER-1

ROLL NO - 885

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