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SUBJECT- MOOT COURT EXERCISE AND

INTERNSHIP (PRACTICAL)

TOPIC – MOOT COURT PROBLEM-III

Supervised By:
Mr. AMARJEET RANJAN

(Asst: Prof in Law)

NAME: WASIM AKRAM MOLLICK

ROLL NO: Admit Card No- 102/LLB3/17063
Class Roll No- 48
COURSE: LLB 3YEARS (6TH SEMESTER)
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In the Honorable High Court of Calcutta

Calcutta, India
Petition No: 1224/ 2018

In the Matter of

Mr. MOHAN SARKAR……………..... … (Plaintiff)

Versus

Mr. SOHAN DAS… ……………… (Defendant)

Memorial on Behalf of the Respondent

TABLE OF CONTENTS
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LIST OF ABBREVIATIONS……………………………………..4
1. INDEX OF AUTHORITIES..............................................................5
a) Acts/ Statutes........................................................................................... 5
b) Books....................................................................................................... 5
c) Internet Sources....................................................................................... 5
d) List of Cases............................................................................................. 6
2. STATEMENT OF JURISDICTION.................................................... 7
3. SYNOPSIS OF FACTS.......................................................................... 8-10
4. ISSUES RAISED..................................................................................... 11
5. SUMMARY OF ARGUMENTS............................................................ 12
6. BODY OF ARGUMENTS...............................................................13-15

 WHETHER THERE WAS A CONTRACT BETWEEN MOHAN AND SOHAN?

 WHETHER POSTAL CONTRACT IS VALID AS PER THE INDIAN

CONTRACT ACT 1872?

 WHETHER THIS REVOCATION IS VALID AS PER THE INDIAN CONTRACT

ACT 1872?

 WHEATHER MOHAN BREACH CONTRACT?

 WHETHER MOHAN IS LIABLE FOR PAY COMPENSION REASON OF

BREACH OF CONTRACT?

7. Prayer.....................................................................................................16
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LIST OF ABBREVIATIONS

& And

¶ Paragraph

AIR All India Reporter

ALL Allahabad
Anr Another
AP Andhra Pradesh

Art. Article
Cr. . Criminal
Edn. Edition
Govt. Government
HMA Hindu Marriage Act
Hon‟ble Honourable
PC Privy Council
SC Schedule Caste
SC Schedule Caste

SCC Supreme Court

SCC Supreme Court Cases

u/s Under Section

v. Versus
Vol. Volume
www World Wide Web

Hon‟ble Honourable
IPC Indian Penal Code
CrPC Code of Criminal Procedure
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INDEX OF AUTHORITIES

ACTS/STATUTES:

 CONSTITUTION OF INDIA, 1950

 INDIAN CONTRACT ACT 1872

 CODE OF CIVIL PROCEDURE 1908

BOOK:

 MASSEY I.P., ADMINISTRATIVE LAW, LUCKNOW, EASTERN BOOK

COMPANY, 2008, SEVENTH EDITION

 SHUKLA V.N., CONSTITUTION OF INDIA, LUCKNOW, EASTERN BOOK

CORPORATION, 2008, ELEVENTH EDITION.

 INDIAN CONTRACT ACT BY R.K BANGIA 12 EDITION 2018

INTERNET SITES:

 www.judis.nic.in
 www.loksabha.nic.in
 www.manupatra.com
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LISTS OF CASES

1. Byrne & Co v Leon Van Tien Hoven & Co [1880] -------------------------------------------

09

2. M.C. Manickam Chettiar vs The Madras City Municipal ... on 22 September, 1975-----12

3. Bank Of India & Ors vs O.P. Swarnakar Etc on 17 December, 2002----------------------13

4. Lalit Mohan Taran vs Lal Mohan Deb And Ors. on 9 March, 1984.................

5. hetanram Ramgopal vs Chief Engineer, Pwd, Rajasthan ... on 16 April, 1999..............

6. Binod Kumar Khetan vs The Hindustan Copper Limited And ... on 16 February, 2006
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STATEMENT OF JURISDICTION

The Plaintiff in the present case has approached the Hon’ble High Court of Calcutta under
Section 73,Section 75 Under the Indian Contract Act 1872.

The Respondent respectfully submits to this jurisdiction invoked by the Plaintiff.

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STATEMENT OF FACTS

Fact No-1:

Sohan and Mohan there are two party in this case. They was a best friend as well as best
business dealing person.mohan he is actually from Hydrabad and sohan who is belonging from
the Bhillai.

Fact No-2:

On 1st November what happened On 1st November, 2018, Mohan, from his home addressed at
Hyderabad, wrote to Sohan at his addressed at Bhillai, offering to sell him his customized
Volkswagen Polo Motor Car, (which he has long admired), for Rs. 5, 00,000 the offer to remain
open until 5th November, 2018.

Fact No-3:

On 2nd November Sohan receive the offer and he went Lucknow for some business purpose.

Fact No-4:

This was delivered to Sohan’sBhillai address on 3rd November, 2018. On 4th November, 2018,
Sohan posted an acceptance of the offer from Lucknow, addressed to Mohan at his business
address, (which was the address from which Mohan usually conducted dealings with Sohan) in
Kondapur, Hyderabad.

Fact No-5:

It was delivered there on 5th November, 2018 but as Mohan was absent from his office on that
day, and it wasn’t read by him until 6th November, 2018. On 7th November, 2018Sohan
returned home and read the letter of revocation

Fact No-6:Sohan claimed that a contract had been formed between himself and Mohan, in that
he had accepted the offer either on 4th November, 2018 through the application of the postal, or
on the 5th November, 2018 when the letter was delivered to Mohan’s place of business.
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ISSUES RAISED

 WHETHER THERE WAS A CONTRACT BETWEEN MOHAN AND SOHAN?

 WHETHER POSTAL CONTRACT IS VALID AS PER THE INDIAN

CONTRACT ACT 1872?

 WHETHER THIS REVOCATION IS VALID AS PER THE INDIAN CONTRACT

ACT 1872?

 WHEATHER MOHAN BREACH CONTRACT?

 WHETHER MOHAN IS LIABLE FOR PAY COMPENSION REASON OF

BREACH OF CONTRACT?
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SUMMARY OF ARGUMENTS

1. NO THERE WAS NO CONTRACT OR AGGREMENT BETWEEN THEM .

Because as per the Indian contract act if one party agree to sell something to someone this is not
a contract or agreement .In this case Mohan On 1st November what happened On 1st November,
2018, Mohan, from his home addressed at Hyderabad, wrote to Sohan at his addressed at Bhillai,
offering to sell him his customized Volkswagen Polo Motor Car, (which he has long admired),
for Rs. 5, 00,000 the offer to remain open until 5th November, 2018. But before the acceptance
of offer by Sohan ,Mohan Revoke it .

2. YES POSTAL CONTRACT ALSO VALID IF BOOTH PARTY AGREE FOR

MAKING A CONTRACT WITH POSTAL SYESTEM

According to the Indian Contract Act, When the person to whom the proposal is made, signifies
his assent thereto, the proposal is said to be accepted.Thus, when a proposal is assented to by the
offeree, he is said to have accepted the proposal. The communication of proposals, the
acceptance of proposals, and the revocation of proposals and acceptance, respectively, are
deemed to be made by any act or omission of the party proposing, accepting or revoking, by
which he intends to communicate such proposal, acceptance or revocation, or which has the
effect of communicating it.[2] The communication of an acceptance is complete – as against the
proposer when it is put in a course of transmission to him so as to be out of the power of the
acceptor; as against the acceptor, when it comes to the knowledge of the proposer.

The communication of an Acceptance is only complete when the knowledge of the acceptance
reaches the proposer, the proposer receives i.e. the letter containing the absolute and unqualified
acceptance to the terms of the offer. Here the words “put in the course of transmission” implies
that postal or telegram services can be used.
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Since the proposal has been communicated using the postal service, any means of
communication which is faster than or at least equally efficient can be used to communicate
the acceptance. These methods are, however, contingent to the provisions of the offer. If the
proposal specifies a particular method, then that method should be followed. Also, if there is
and urgency or the time-period is limited, an appropriate method should be used.

3. AS PER SECTION 5 OF INDIA CONTRACT ACT 1872 REVOCATION IS

VALID?.

Section 5 define revocation of its acceptance is complete as against the proposal , but now
afterwards . An acceptance may be revoke at any time before its acceptance is complete as
against the acceptor , but not afterwards.

4. THERE WAS NO BREACH OF CONTRACT BY MOHAN.

Because no contract is made between mohan and sohan. Mohan already revoke the contract
before its acceptene.

5. MOHAN ALSO NOT LIABLE TO PAY ANY COMPENATION.

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BODY OF ARGUMENTS/ WRITTEN PLEADINGS

1. NO THERE WAS NO CONTRACT OR AGGREMENT BETWEEN THEM .

Because as per the Indian contract act if one party agree to sell something to someone this is not
a contract or agreement .In this case Mohan On 1st November what happened On 1st November,
2018, Mohan, from his home addressed at Hyderabad, wrote to Sohan at his addressed at Bhillai,
offering to sell him his customized Volkswagen Polo Motor Car, (which he has long admired),
for Rs. 5, 00,000 the offer to remain open until 5th November, 2018. But before the acceptance
of offer by Sohan ,Mohan Revoke it .

Now we can define a contract and more importantly, understand what is “Not” a contract. A
contract is an accepted proposal (agreement) that is fully understood by the law and is legally
defined or enforceable by the law.

So a contract is a legal document that bestows upon the parties special rights (defined by the
contract itself) and also obligations which are introduced, defined and agreed upon by all the parties
of the contract.

2. YES POSTAL CONTRACT ALSO VALID IF BOOTH PARTY AGREE FOR

MAKING A CONTRACT WITH POSTAL SYESTEM

According to the Indian Contract Act, When the person to whom the proposal is made, signifies
his assent thereto, the proposal is said to be accepted.Thus, when a proposal is assented to by the
offeree, he is said to have accepted the proposal. The communication of proposals, the
acceptance of proposals, and the revocation of proposals and acceptance, respectively, are
deemed to be made by any act or omission of the party proposing, accepting or revoking, by
which he intends to communicate such proposal, acceptance or revocation, or which has the
effect of communicating it.[2] The communication of an acceptance is complete – as against the
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proposer when it is put in a course of transmission to him so as to be out of the power of the
acceptor; as against the acceptor, when it comes to the knowledge of the proposer.

The communication of an Acceptance is only complete when the knowledge of the acceptance
reaches the proposer, the proposer receives i.e. the letter containing the absolute and unqualified
acceptance to the terms of the offer. Here the words “put in the course of transmission” implies
that postal or telegram services can be used.

Since the proposal has been communicated using the postal service, any means of
communication which is faster than or at least equally efficient can be used to communicate the
acceptance. These methods are, however, contingent to the provisions of the offer. If the
proposal specifies a particular method, then that method should be followed. Also, if there is and
urgency or the time-period is limited, an appropriate method should be used.

3. AS PER SECTION 5 OF INDIA CONTRACT ACT 1872 REVOCATION IS

VALID?.

Section 5 define revocation of its acceptance is complete as against the proposal , but now
afterwards . An acceptance may be revoke at any time before its acceptance is complete as
against the acceptor , but not afterwards.

The Indian Contract Act lays out the rules of revocation of an offer in Section 5. It says the offer may be
revoked anytime before the communication of the acceptance is complete against the proposer/offeror.
Once the acceptance is communicated to the proposer, revocation of the offer is now not possible.

Let us take the same example of before. A accepts the offer and posts the letter on 10th July. B gets
the letter on 14th July. But for B (the proposer) the acceptance has been communicated on 10 th July
itself. So the revocation of offer can only happen before the 10th of July.
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Revocation of Acceptance

Section 5 also states that acceptance can be revoked until the communication of the acceptance is
completed against the acceptor. No revocation of acceptance can happen after such date.

Again from the above example, the communication of the acceptance is complete against A
(acceptor) on 14th July. So till that date, A can revoke his/her acceptance, but not after such date. So

technically between 10th and 14th July, A can decide to revoke the acceptance .

4. THERE WAS NO BREACH OF CONTRACT BY MOHAN.

Because no contract is made between mohan and sohan. Mohan already revoke the contract
before its acceptene.

5. MOHAN ALSO NOT LIABLE TO PAY ANY COMPENATION.

Because no contract is made between mohan and sohan. Mohan already revoke the contract
before its acceptene

We know that two very important aspects of a contract are the offer and the acceptance of the offer.
However, in the practical world of business and economics, the communication of the offer and the
acceptance and the timings of these are also very important factors. Let us look at this communication
timeline and also learn about the revocation of an offer.
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PRAYER

Wherefore, in the light of the facts stated, arguments advanced and authorities cited, the

respondent, most humbly prays before the Hon’ble court, to be graciously pleased to hold

adjudge and declare that:

1) The Petition must be grand in the court of law

2) The decision of the Court be Upheld;

3) To make appropriate remedy

4) To pass any other order which the Humble court may deem fit in the light of
Justice, Equity and Good Conscience.

All of Which is most humbly prayed and most respectfully submitted by the Respondent.

Date: S/d_________________

(Counsel for Respondent)