Babar Mairaj
20181-24336
Business and Corporate Law
Sir Mohammad Asadullah
ASSIGNMENT 3
Q1. Mr A proposed Mr. B to deliver 4000 goods of certain quality at Rs. 200,000 within
two days. Mr. B has delivered the goods after a week and demand for payment. Mr. A
refused to accept the goods and denies to pay the asking amount. Mr. B is going to sue
Mr. A in the court of law. What is your advice?
Judgement: An offer should be delivered within the time frame is was asked or offered in
according to the Lapse of an offer.
Conclusion: Upon this judgement, it is concluded that Mr B cannot sue Mr A in the court,
because Mr A asked for goods within 2 days, and Mr B delivered him the goods after a week,
which means he didn’t deliver Mr A the goods in the required time period, that’s why Mr A
isn’t accepting the goods and refused to pay the amount Mr B is asking, The offer is revoked
because of the timing factor.
Q2. Arif told Bano, his wife, that he would divorce her, if she does not transfer her
personal assets to him. She agreed to transfer her assets to him. Can Bano avoid the
contract?
Judgement: An offer, when accepted, should be communicated to the offeree. If this offer has
to be rejected, the offeree needs to send an email, letter, fax to the offerer before the offerer
receives the acceptance letter, fax or email.
Conclusion: Upon this judgement, it is concluded that, Bano cannot refuse to deny from
transferring her assets to Arif, because now the communication has been made by Bano, she
has accepted to transfer goods, but if Bano if ready to the transfer the assets and she has
communicated this to Arif through postal means, emails etc, but Arif has not received that
acceptance, and Bano is planning to deny the transfer, so Bano has to quickly deny the
transfer of assets before her acceptance is reached to Arif, or else if Arif receives her
acceptance before her denial than Bano has to transfer her assets no matter what.
Q3. Asif stole cash and merchandise from the ABC Store. Basit, the owner of store,
initiated the legal proceedings against him. Asif contacted with an offer to return the
stolen cash and merchandise if Basit withdraws the suit. Basit accepted the offer. Is it a
valid agreement? Discuss.
Judgement: An offer, when accepted, should be communicated to the offeree. If this offer has
to be rejected, the offeree needs to send an email, letter, fax to the offerer before the offerer
receives the acceptance letter, fax or email. Once accepted, the offer cannot be taken back.
Conclusion: Upon this judgement, it is concluded that, first of all, Asif has stolen the goods
which is illegal and not a valid ethical act, it’s a crime but if we see it with the view of
agreement, acceptance or denial of agreement, then we can say that since Basit has accepted
Asif’s offer to withdraw the case if stolen goods are returned back to him, then yes, it is now
an agreement, which is now valid because Basit has accepted the contract. This offer has to
be fulfilled as both have agreed from their sides, however this offer can be lapsed if it isn’t
accepted in the given time, if Basit or Asif dies/goes insane, if the condition isn’t fulfilled
from any of the party which can result in lapse of offer, or offer isn’t accepted within the
given conditions, or Asif destroys the goods/or didn’t show up to Basit in the first place.
Q4. There is contract between Mr. A and Mr. B that Mr. A has to deliver merchandise
of cost Rs. O.9 Million to Mr. B. Mr. A has given his performance but Mr. B refuses to
pay the required amount in order to fulfill the contractual obligations. Someone
communicate to Mr. A that Mr. B is not a major but minor with the age of 19 years. The
custody of Mr. B is under his guardians according to the Guardian Act. What are the
options available for Mr. A against Mr. B?
Judgement: Involvement of any minor makes on offer void.
Conclusion: Upon this judgement, it is concluded that Options available to Mr A against Mr
B is that since Mr B is a minor whose major (guardian) is someone else, now Mr A should
connect to Mr B’s guardian/major and do the negotiations/deals with him, because Mr B is a
minor and contracts made with minors are void, thus Mr A should have to look who he is
dealing with and the age (major/minor factor) to avoid such problems in the contracts and
agreements. Now That Mr A is caught up in this, he should contact Mr B’s guardian and any
agreement should be enforced against the guardian. Mr B’s guardian is liable on behalf of Mr
B. Mr A’s supplied goods to Mr B, are now entitled to reimburse from the property of Mr B,
claims can be made against Mr B’s property’s but not personally to Mr B.
Q5. Mr. A send his acceptance to Mr. B who is the offeror via TCS. After an hour, Mr.
A felt that this contract will not be suitable for his business. He written down a
revocation letter and post it to Mr. B too. What will be the obligations of Mr. A if;
(a) Mr. B receives the acceptance letter first.
(b) Mr. B receives the revocation letter first.
(a)
Judgement: An offer once accepted cannot be revoked
Conclusion: Upon this judgement, it is concluded that if B receives the acceptance letter first,
before the revocation letter, then the offer is now accepted and Mr A cant revoke or deny the
offer, he has to work with Mr B now.
(b)
Judgement: An offer once accepted cannot be revoked.
Conclusion: Upon this judgement, it is concluded that if B receives the revocation letter first,
before the acceptance letter of A, then the offer is now revoked and now the acceptance letter
doesn’t matter anyhow, now A cant undo his act or send acceptance, the offer is revoked
now.
Q6. Mr. Aslam is a renowned trader. He trades fresh fruits and vegetables domestically
and internationally. Mr. Saleem has contacted him and placed an order of 2 tons of
“Langrha” mangoes against Rs. 120 per Kg. What will be the legitimacy of this contract
under the following conditions:
(a) Before the communication of acceptance, Mr. Saleem has died.
(b) After the communication of acceptance, Mr. Saleem has died.
(c) Mr. Aslam has delivered all the required fruits on time.
(d) Mr. Aslam has delivered “Sindrhi” mango instead of “Langrha”.
(a)
Judgement: An offer lapses is a person dies or goes insane.
Conclusion: Upon this judgement, it is concluded that if before the communication of
acceptance, Mr. Saleem has died, then the offer is lapsed now.
(b)
Judgement: An offer once accepted, can not be revoked
Conclusion: Upon this judgement, it is concluded that if after the communication of
acceptance, Mr. Saleem has died, the offer is still there being made because Saleem died after
accepting Aslam’s offer, so Aslam still has to deliver Saleem’s order to whoever is now
looking at Saleem’s leftover things or his position would receive that or vice versa.
(c)
Judgement: An offer is made two ways.
Conclusion: Upon this judgement, it is concluded that if Mr. Aslam has delivered all the
required fruits on time, then it’s a legitimate contract, now Saleem has to pay the amount to
Aslam and it’s a successful, valid contract and agreement which is completed.
(d)
Judgement: An offer should be completed perfectly without any flaws so that it does not
become void.
Conclusion: Upon this judgement, it is concluded that if Mr. Aslam has delivered “Sindrhi”
mango instead of “Langrha”, then the offer is lapsed, the offer isn’t accepted because the
required requirements/conditions aren’t being fulfilled, Saleem placed order of Langrha
mangoes not Sindhri, Saleem’s requirements isn’t fulfilled, thus this offer is rejected/lapsed.