T
ACADEMIC MOOT COURT COMPETITION - II, 2015
I N THE HON’BLE COURT OF CIVIL JUDGE AT
..........
M R. A JAY ( ( MINOR , AGE 12 12 YEARS ) THROUGH M NATURAL GUARDIAN M R. R AJAN , NATURAL …PETITIONER
V.
HARMACEUTICAL HARMACEUTICAL C O. LTD. R ELICOP P P …RESPONDENT
MEMORIAL
FOR THE FOR THE R ESPONDENT ESPONDENT
THE TABLE
OF CONTENTS
The Table Table of Contents............................................ Contents..................................................................................2 ......................................2 The Index of Authorities....................................................................................I list of abbreviations.........................................................................................II The Statement of Jurisdiction..........................................................................IV The Statement of Issues..................................................................................V The Summary of Arguments............................................................................VI The Arguments Advanced................................................................................1 A. That the petitioner, petitioner, Mr. Ajay is not competent competent to contract................................1 That Mr. Ajay is a minor..............................................................................1 Minors !ompetence to !ontract.................................................................2 ". That That no no #uas #uasi$c i$cont ontrac ractua tuall relat relation ion has been been crea created ted bet%e bet%een en the the peti petitio tioner ner,, Mr. Ajay Ajay and the respondent, relicop &harmaceuticals !o. 'td............................3 !. That That (oct (octor or )upt )upta a %as %as not not a%a a%are re of of terms terms and and cond conditio itions ns prescr prescribe ibed d in the ..................................................................... ............................................................ ........................4 4 advertisement.................................. Act done in ignorance of proposal proposal...............................................................5 *o condition %as fulfilled to constitute a contact under section +, Indian !ontract Act, +-.................................................................................................7 (. That Mr. /ajan did not enter into a contract on behalf of Ajay..........................8 0xtent of po%er of guardian to enter into contract on behalf of a minor .............8 .............8
.................................................................8 *atural )uardian of 1indu minor .................................................................8 !ontract of *ecessity................................................................................9 If minor has reaped any "enefit................................................................10 Agreement in sub$silentio.........................................................................10 0. That That pro propo posa sall %as %as not not acce accept pted ed and and par parti ties es did did not not ent enter er int into o a valid valid contract....................................................................................................10 That a general offer %as made by the respondent.......................................11
.......................................................11 *o acceptance made by the &etitioner .......................................................11 The &rayer ..................................................................................................13 ..................................................................................................13
THE INDEX OF AUTHORITIES
STATUTORY COMPILATIONS . T10 1I*(2 MI*3/IT4 A*( )2A/(IA*S1I& A!T, 567. . T10 I*(IA* !3*T/A!T A!T, +-. 8. T10 I*(IA* M AJ3/IT4 A!T, +-6. DICTIONARIES . "/4A* A. ) A/*0/, "'A!9S ' A: (I!TI3*A/4 ;+th e(. <<=. . &. / AMA*AT1A AI40/, T10 ' A: '0>I!3* ;*( 0(. <@3/( 0*)'IS1 (I!TI3*A/4, ;nd ed. <<5=. ?. :0"ST0/S *0: I*T0/*ATI3*A' (I!TI3*A/4 ;57=. WEBSITES . %%%.judis.nic.in. . %%%.manupatra.com. 8. %%%.supremecourtcasela%.com. BOOKS . Aiyer, /amanatha, &., The Law Lexicon, nd ed. *e% (elhi :adh%a and !ompany ;<
TABLE OF CASES
"loom v. America S%iss :atch !o ;56= App. (iv. <
!arlill v. !arbolic SmoBe "all !o., ;+58= D.". 67 at 7+CCCCCCC<+
MEMORIAL OR T!E RE"#O$%E$T#A&E 1
1ari v. Se% AI/ 5?5 Assam 6-CCCC..CCCCCCCCCCCCCC.<-
9ashiba v. Shripat ;+5?= 5 "om 75-CCCCCCCCCCCCC.CC...<
9edar (as Mohta v. *and 'al &oddar AI/ 5- &at 68 p. 66$67.CC...<+ 'alman ShuBla v. )auri (utt, ;58= All.'.J. ?+5CCCCCCCCCC.<6
'atcharao v. Eis%anadham , AI/ 567 A&CCCCCCCCCCCCC.....<
&eters v. @lemings ;+?<= 7 MF: ?CCCCCCCCC..CCCCCCC.<-
&eters v. @lemings ;+?<= 7 MF:, ?CCCCCCCCC..CCCCCCC<8
/. E. !lerB, ;5-= ?< !'/CCCCCCCCCCCCCCCCCCCCC.
/ajubala (asi v. *idhurama &andit AI/ 57< !al 76CCC...CCCCC....<
/ajubala (esi v. *idhurama &andit AI/ 57< !al 76CCCCCCCCCC.
LIST OF ABBREVIATIONS
AI/ 0d. 1onGble 3rs p. &'J/ S! S!! S!/ Sec. v.Hvs. F
All India /eporter 0dition 1onourable 3thers &age *o. &atna 'a% Journal /eports Supreme !ourt Supreme !ourt !ases Supreme !ourt /eporter Section Eersus And
MEMORIAL OR T!E RE"#O$%E$T#A&E 2
THE STATEMENT OF FACTS
. A re%ard of I*/ 6<<< %as announced by /elicop &harmaceutical !o. 'td. in advertisement in Tribune dated 6 th June, <6 to anyone %ho contracts 1* flu after having their pills as per directions printed on the box. .
Mr. /ajan sa% the advertisement and believed the accuracy of statement made. 1is son, having fever, tooB those pills as per the prescription of their family doctor, (r. )upta, %ho %as una%are of the advertisement.
8. (espite
this,
Ajay
contracted
1*
flu
on
-th
July
<6.
?. Mr. /ajan, on behalf of his son claimed I*/ 6<<< from the !ompany, as promised by them in advertisement. 6. The !ompany denied the amount saying that there %as never a contract bet%een Mr. Ajay and the !ompany.
MEMORIAL OR T!E RE"#O$%E$T#A&E 3
THE STATEMENT OF JURISDICTION
The !ouncil on behalf of the /espondent, hereby submits his %ritten statement in the suit for recovery. The !ouncil most humbly and respectfully, submits that this 1onble !ourt has the re#uisite subject matter jurisdiction to entertain and adjudicate this matter.
MEMORIAL OR T!E RE"#O$%E$T#A&E 4
THE STATEMENT OF ISSUES
A.
That Mr. Ajay is not competent to contract.
".
That no #uasi$contractual relation has been created bet%een Mr. Ajay and /elicop &harmaceuticals !o. 'td.
!.
That (octor )upta %as not a%are of terms and conditions prescribed in the advertisement.
(.
That Mr. /ajan did not enter into a contract on behalf of Ajay
0.
That proposal %as not accepted and parties did not enter into a valid contract.
MEMORIAL OR T!E RE"#O$%E$T#A&E 5
THE SUMMARY OF ARGUMENTS A.
That the pett!"e# M#. A$a% & "!t '!(pete"t t! '!"t#a't.
The council on behalf of the respondent most humbly and respectfully submits before this honble court that Mr. Ajay, years old is a minor and thus, not competent to contract as per the provisions of section <, of the Indian !ontract Act, +-. Thus, a contract entered by him is void ab initio and he is not entitled to any benefit from such contract.
B.
That "! )*a&+'!"t#a't*a, #e,at!" ha& -ee" '#eate -et/ee" the pett!"e# M#. A$a% a" the #e&p!"e"t Re,'!p Pha#(a'e*t'a,& C!. Lt.
The council on behalf of the respondent most humbly and respectfully submits before this honble court that for a #uasi contractual relation to be established, some necessities have to be supplied by a person to a minor. In such a case, such person can obtain repayment only from the property of such minor. 1o%ever, in the instant case, the minor is alleging to have entered into a contract %ith the respondent !ompany and is demanding the !ompany to pay him I*/ 6<<< as per the agreement. Thus, the council on behalf of the respondent most humbly submits that no #uasi contract has been created bet%een the petitioner and the respondent company.
C.
That D!'t!# G*pta /a& "!t a/a#e !0 te#(& a" '!"t!"& p#e&'#-e " the a1e#t&e(e"t.
The council on behalf of the respondent most humbly and respectfully submits before this honble court that the doctor %as ignorant of the terms and conditions prescribed in the advertisement by the respondent company. Mere performance of the conditions in absence of Bno%ledge of the offer is not considered as an act in exchange of the offer. Thus, provisions of section + of the Indian !ontract Act, +-
MEMORIAL OR T!E RE"#O$%E$T#A&E '
%ere not fulfilled. 1ence, no contract %as entered bet%een the petitioner and the respondent.
D.
That M#. Ra$a" "!t e"te# "t! a '!"t#a't !" -eha,0 !0 A$a%.
The council on behalf of the respondent most humbly and respectfully submits before this honble court that a guardian can enter into a contract on behalf of a minor provided the minor reaps out some benefit from such contact or in order to supply the minor %ith necessities suited to his condition in life. @urther, Mr. /ajan %as merely a%are of the general offer. 1e did not sho% any positive conduct in order to communicate his acceptance to%ards the offer. Thus, he did not enter into a contract %ith the respondent company on behalf of his minor son. E.
That p#!p!&a, /a& "!t a''epte a" pa#te& "!t e"te# "t! a 1a,
'!"t#a't. The council on behalf of the respondent most humbly and respectfully submits before this honble court that a general offer %as made by the respondent company to the %orld at large. The same could be accepted either expressly or impliedly by performing any of the conditions thereof. 1o%ever, no acceptance %as made by the petitioner as he did not consume the pills as per the directions laid do%n by the respondent company. /ather, the pills %ere consumed as per the directions of (r. )upta, their family doctor. 1ence, the council on behalf of the respondent most humbly submits that the proposal %as never accepted and thus, the parties never entered into a contract.
MEMORIAL OR T!E RE"#O$%E$T#A&E 7
THE ARGUMENTS ADVANCED A. THAT THE PETITIONER2 MR. AJAY IS NOT COMPETENT TO CONTRACT. The council on behalf of the /espondent most humbly submits before this 1onourable !ourt that Mr. Ajay is not competent to contract as per the provisions of the Indian !ontract Act, +-. @or an agreement to be a contract, provisions of section <, Indian !ontract act, +- , must be fulfilled. @or an agreement to be a contract
( ( ( ( (
&arties should be competent to contract There must be free consent of parties There should be la%ful consideration There should be la%ful object It should not be expressly declared to be void
Arguendo, the council on behalf of the /espondent must humbly submits before this honble court that as Mr. Ajay is a minor, he has not consented to any contract and the agreement is not for to supply necessities to the minor, thus it is not a valid contract. THAT MR. AJAY IS A MINOR. The council on behalf of the respondent most humbly and respectfully submits before this honble court that Mr. Ajay, being of the age of years, is a minor and thus not competent to contract under the Indian !ontract act, +-.
1 ‘When agreements are contracts:All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Nothing herein contained shall aect any law in force in ndia, and not hereby expressly repealed, by which any contract is re!uired to be made in writing or in presence of witnesses, or any law relating to the registration of documents."
MEMORIAL OR T!E #ETITIO$ER"#A&E 1
DETERMINING MAJORITY Age of majority, according to section , Indian !ontract Act, +- shall be determined according to la% to %hich the person is subject. Therefore, if there is a difference bet%een provisions of Indian Majority Act, +-6 and those of personal la% to %hich the person is subject, his personal la% %ill prevail and over$ride those of Indian Majority Act, +-6. 8 In the case of Ka&h-a 1. Sh#pat3 the honourable court dealt %ith the case of a 7 year old 1indu %ido%. It %as held that her capacity to contract shall be regulated by Indian Contract Act, 1!" being the law o# her domicile and she being a minor was not liable under the bond .6
AGE OF MAJORITY UNDER THE INDIAN MAJORITY ACT2 4567. A person %ho has not attained the age of majority is a minor. Section 8 of the Indian majority Act, +-67 provides that a person is deemed to have attained the age of majority %hen he completes the age of + years.
2 )Who are competent to contract #$very person is competent to contract who is of age of majority according to the law to which he is subject, and who is of sound mind and is not dis!uali%ed form contracting by any law to which he is subject.*
3 !.R. "aha+a,- &utt on 'ontract - . 231. 4 /1894 19 o '97 5 "ana Ro6*s Coenta+, on The Inan Cont+at At- . '49. ' Section 3 in The Majority Act, 1875‘ Age of majority of persons domiciled in ndia ( )* $very person domiciled in ndia shall attain the age of majority on his completing the age of eighteen years and not before. +* n computing the age of any person, the day on which he was born is to be included as a whole day and he shall be deemed to have attained majority at the beginning of the eighteenth anniversary of that day."
MEMORIAL OR T!E #ETITIO$ER"#A&E 2
Thus, the council on behalf of the respondent most humbly and respectfully presents before this honble court that as Mr. Ajay is of years, he is a minor and thus incompetent to contract under the Indian !ontract Act, +-. MINOR8S COMPETENCE TO CONTRACT The council on behalf of the respondent most humbly and respectfully submits before this honble court that a minor is incompetent to enter into a contact and any contact entered by him is void$ab$initio.In the case of Lat'ha#a! 1. V&/a"aha(5 it %as held by the honble court that, as a minor cannot enter into a contract, contract with minor is void ab inotio. In the case of Ra$*-a,a Da& 1. Nh*#a(a Pa"t9, it %as held by the honble court that, a contract is speci#ically en#orceable against a minor i# he has reaped any bene#it under the contract$ %ven though a minor cannot enter into a contract, yet, guardian o# a minor can validly enter into contract on his behal# .< In the case of Rte&h A::a#/a, 1. SEBI44 it %as held by the honble court that, a contract must be entered into by a person who can ma&e a promise or ma&e an o##er$ %lse, the contract will be void as an agreement which is not en#orceable under law is void$ Thus, minors cannot enter into a contract$' 1" @or a contract to be valid, parties to contract must have a free consent. !onsent is defined under section 8 of Indian !ontract Act, +- 8 as agreement bet%een t%o
7 Mall- Inan Cont+at At- . 411. 8 AIR 195' A#. 9 AIR 19'0 Cal '5. 10 T.R. %esa- aw relating to -enders and overnment 'ontracts, p. )/0. 11 /2008 8 "CC 205. 12 ":+a 5. 13 "eton 13- Inan ont+at At- 1872;‘Consent’ defned –
MEMORIAL OR T!E #ETITIO$ER"#A&E 3
or more people upon the same thing in the same sense. Mutual consent is essential for every agreement and agreement is generally essential for formation of contract. Therefore, no binding contract can be formed if there is no consensus ad idem. Thus, it is most humbly submitted before this honble court that as a minor is not competent to give a valid consent, hence contract %ith Mr. Ajay is void as it does not fulfil the conditions specified under section < and 8 of the Indian !ontract Ac, +-.
B.THAT NO ;UASI+CONTRACTUAL RELATION HAS BEEN CREATED BETWEEN THE PETITIONER2
MR. AJAY AND THE RESPONDENT2 RELICOP
PHARMACEUTICALS CO. LTD. The council on behalf of the respondent most humbly and respectfully submits before this honble court that /elicop &harmaceutical !o. 'td has not supplied any necessities suited to his condition in life to Mr. Ajay. Thus, no #uasi contractual obligation of the nature specified under Section 7+, Indian !ontract Act, +- has been created. 2nder the Indian 'a%, the principle of indeditatus assumpsit or (uasi contracts has been incorporated to a limited extent under section 7+ of the Indian !ontract Act, +-?. In the case of Pete#& 1. F,e(":&47 it %as held that, (uasi contracts apply only in cases where necessities are supplied to a minor$ )ecessities re#er to things #it and proper to the minor .7
-wo or more people are said to consent when they agree upon the same thing in the same sense."
14 ‘Claim o necessaries supplied to person incapable o contracting, or on his account –f a person, incapable of entering into a contract, or anyone whom he is legally bound to support, is supplied by another person with necessities suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person."
15 /1840 ' M<=- 42. MEMORIAL OR T!E #ETITIO$ER"#A&E 4
NECESSITIES SUITED TO HIS CONDITION IN LIFE< The provisions of section 7+, Indian !ontract Act, +--, apply in cases %here some benefits have been provided by someone to a person incapable to enter into a contract. In such cases, expenses of the same can be reimbursed by such person only form the property of such incapable person. 1o%ever, in the instant case, no benefits have been provided by the !ompany to Mr. Ajay and there is no dispute regarding reimbursement of its expenses. Instead, Mr. Ajay is alleging to have entered into a contract %ith the !ompany and is claiming I*/ 6<<< as per the agreement. 1ence, the council on the behalf of the respondent most humbly and respectfully submits before this honble court that no #uasi$contractual relationship has been created bet%een the minor, Mr. Ajay and /elicop &harmaceuticals !o. 'td.
C.THAT DOCTOR GUPTA WAS NOT AWARE OF TERMS AND CONDITIONS PRESCRIBED IN THE ADVERTISEMENT.
The council on behalf of the respondent most humbly and respectfully submits before this honble court that (r. )upta %as neither a%are of the advertisement published in the Tribune ne%spaper by /elicop &harmaceutical !o. 'td. *o% %as he a%are of the terms and conditions thereof. An offer can be accepted by
( ( (
giving a notice of acceptance, or by performing conditions of proposal, or "y acceptance of any consideration for a reciprocal promise %hich may be offered %ith a proposal.
1' ":+a 4. 17 ‘Claim o necessaries supplied to person incapable o contracting, or on his account –f a person, incapable of entering into a contract, or anyone whom he is legally bound to support, is supplied by another person with necessities suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person."
MEMORIAL OR T!E #ETITIO$ER"#A&E 5
Accepting by performing of conditions, or by receiving consideration, is covered under Section + of the Indian !ontract Act, +- +. This section recognises the fact that in the cases in %hich the proposer invites acceptance by doing of an act it is sometimes impossible for the offeree to express his attention other%ise than by performance of his part of the contract.5 ACT DONE IN IGNORANCE OF PROPOSAL A general offer open to the %hole %orld is capable of being accepted by any person %ho fulfils the conditions or %ho substantially performs them. "ut, an act done by a person in ignorance of the offer %ill not amount to performance of the condition of the proposal %ithin the meaning of section + of the Indian !ontract Act, +-. An offer to be valid must be communicated.< @urther, a person cannot be said to have made an offer unless it comes to the Bno%ledge of the offeree. An offeree cannot be said to have accepted the offer, even if he acts according to the terms of the offer. Thus, acting in ignorance of offer does not amount to acceptance of offer.
MERE PERFORMANCE OF CONDITIONS
If any act or services are performed so that the terms of an offer to pay for them are infact satisfied, but the performer is not a%are that the offer has been made, the #uestion %ould arise as to %hether he can claim payment after he becomes a%are of the offer .
18 Section 8, n!ian Contract Act, 187") Aetn> b, e+fo+n> of ontons- o+ b, +een> onse+aton( #e+fo+ane of ontons of +oosal- o+ the aetane of an, onse+aton fo+ a +e+oal +ose 6hh a, be o?e+e 6th a +oosal- s an aetane of the +oosal.*
19 Anson*s La6 of Cont+at- 20th e.- .35. 20 "eton 4- Inan Cont+at At- 1872. 21 "ana Ro6*s Coenta+, on The Inan Cont+at At- .47'. 22 Mall- Inan Cont+at At- . 411. MEMORIAL OR T!E #ETITIO$ER"#A&E '
In the case of B,!!( 1. A(e#'a S/&& Wat'h C!.8 It %as held by the honourable court that, a person who gives in#ormation #or which a reward has been o##ered cannot claim reward unless he &new o# the o##er at the time o# giving in#ormation.?
ACT NOT IN EXCHANGE OF OFFER In the case of Australian !ase of R. V. C,e#=,6 a re%ard had been offered for anyone %ho gives information leading to arrest and conviction of murderers of t%o police officers. The clerB %ho Bne% the information %as himself suspended of crime. 1e gave the information leading to conviction of culprits. 1e admitted that he gave information to clear himself of charge and %ith no thought of claiming re%ard. 1is claim of re%ard failed as he did not give information in exchange of offer.7 In the case of La,(a" Sh*=,a 1. Ga*# D*tt,- the defendants nephe% absconded from home. The plaintiff, %ho %as defendants servant, %as sent to search for the missing boy. After the plaintiff had left for the search of the boy, the defendant issued handbills announcing a re%ard of I*/ 6< to anyone %ho might find out the boy. The plaintiff, %ho %as ignorant of the re%ard, %as successful in searching the boy. :hen he can to Bno% about the re%ard, he brought an action against the defendant, to claim this a%ard. It %as held by the honourable court that, since the plainti## was ignorant o# the o##er o# reward, his act o# bringing the lost boy did not amount to acceptance o# o##er, and there#ore, he was not entitled to claim the reward .+ Thus, the council on behalf of the respondent most humbly and respectfully submits before this honourable court that only if a person has Bno%ledge of the offer and he
23 /1915 A. %. 100. 24 T.R. %esa- aw relating to -enders and overnment 'ontracts, p. )/0. 25 /1927 40 CLR. 2' Ib. 27 /1913 11 All.L.@. 489. 28 !.R. "aha+a,- &utt on 'ontract - . 2'5. MEMORIAL OR T!E #ETITIO$ER"#A&E 7
acts according to the terms of the offer, it amounts to acceptance thereof. Thus, merely performing conditions of the offer %ithout having Bno%ledge thereof, does not amount to a valid acceptance.
NO CONDITION WAS FULFILLED TO CONSTITUTE A CONTACT UNDER SECTION 52 INDIAN CONTRACT ACT2 456>. The council on behalf of the respondent most humbly and respectfully submits before this honourable court that in the instant case, that in the instant case, no condition %as fulfilled to constitute a contract under the provisions of Section +, Indian !ontract Act, +-. In the case of W,,a(& 1. Ca#/a#"e,5the plaintiff, %ho Bne% that re%ard has been announced to be given to anyone %ho gave information leading to conviction of an assailant for murder, gave the necessary information. :hile giving the information, the plaintiff mentioned that she had given the information to Kease her conscience. At that time, she did not intent to claim the a%ard. She ho%ever, subse#uently bought an action to claim the same. It %as held by the honourable court that, since the o##er had been accepted with its &nowledge, there was a valid contract and there#ore, she was entitled to claim the reward .8< The council on behalf of the respondent most humbly and respectfully submits before this honourable court that (r. )upta had merely prescribed the pills to Ajay for a period of three %eeBs. This prescription %as not made in accordance %ith the directions printed on the box by /elicop &harmaceutical !o. 'td. Thus, it does not amount to performance of conditions of the proposal. @urther, (r. )upta had no Bno%ledge of the said advertisement at the time of maBing the prescription to Mr. Ajay. Thus, it does not amount to acceptance under section +, Indian contract Act, +-.
29 /1833 4 . < A. '21. 30 "ana Ro6*s Coenta+, on The Inan Cont+at At- .47'. MEMORIAL OR T!E #ETITIO$ER"#A&E 8
Since, no contract has been entered bet%een the t%o parties, the council on behalf of the respondent most humbly submits before this honble court that the petitioner is not entitled to any re%ard.
D. THAT MR. RAJAN DID NOT ENTER INTO A CONTRACT ON BEHALF OF AJAY. The council on behalf of the respondent most humbly and respectfully submits before this honble court that Mr. /ajan did not enter into a contract on behalf of his minor son Ajay. The petitioner %as merely a%are of the advertisement and he believed the accuracy of the statements appearing in it. 1o%ever, the council most humbly submits that merely being a%are of an offer does not amount to acceptance. The petitioner did not do any act in furtherance of the offer in order to accept the same. Instead, %hen his son Ajay fell do%n %ith fever, he %as taBen to their family doctor (r. )upta and medicines %ere given to him as per the doctors prescription. 1ence, no conditions of the offer %ere fulfilled in order to constitute a valid acceptance and thus, no contract %as concluded bet%een the parties.
EXTENT OF POWER OF GUARDIAN TO ENTER INTO CONTRACT ON BEHALF OF A MINOR The council on behalf of the respondent most humbly and respectfully submits before this honble court that in order to constitute a valid contract, one of the essentials under section <, Indian !ontract Act, +- 8 is that the parties must be competent to contract. According to Section , Indian !ontract Act, +-8 a person is competent to contract if he has attained the age of majority, is of sound mind and is not dis#ualified from contracting by any la% to %hich he is subject. According to the Indian Majority Act, +-6 a person is said to have attained majority on completing the age of + years. The council most humbly submits that a minor is not competent to give a valid consent and a contract entered by a minor is thus void. 1o%ever, the council most humbly submits that in certain exceptional cases a guardian can enter into a contract
31 ":+a 1. 32 ":+a 2. MEMORIAL OR T!E #ETITIO$ER"#A&E 9
on behalf of the minor. This can be done provided it is for the benefit of the minor or to provide him %ith necessities fit for his condition in life.88 NATURAL GUARDIAN OF HINDU MINOR The council on behalf of the respondent most humbly are respectfully submits before this honble bench that natural guardian of a 1indu minor male, a defined under section 7 of The 1indu Minority and )uardianship Act, 567 8? are his parents. Thus only his father, Mr. /ajan, can enter into a contract on his behalf. In the case of Ha# 1. Se/?7it %as held by the honble court that, it is to be remembered that a person who is neither appointed a guardian by any court, nor could claim that status under the law applicable to minors, cannot enter into valid contract on his behal#$ *uch a contract is treated as a void contract and cannot to upheld as a #amily settlement .87 Thus, the council on behalf of the respondent most humbly and respectfully submits before this honble court that (r. )upta cannot be considered as a guardian of Ajay. @urther, as the proposal of the company %as neither accepted by the minor nor by his father, thus none of them can sue the company for breach as no valid contract has been entered bet%een them.
33 ":+a7 an s:+a 9. 34 Section #, The Hin!$ Minority an! %$ar!ian&hi' Act, 1(5#‘Natural Guardian o a Hindu Minor: -he natural guardian of a hindu minor, in respect of the minor"s person and property are # a* n case of a boy or unmarried girl # the father and after him, the mother, provided that the custody of a minor who has not completed the age of %ve years shall ordinarily be with his mother1 b* n case of an illegitimate boy or an illegitimate unmarried girl # the mother, and after her, the father1 c* n case of a married girl # the husband. 2rovided that no person shall be entitled to act as a natural guardian of a minor under the provisions of this section # a* f he had ceased to be a hindu, or b* f he has completely and %nally renounced the world. ‘
35 AIR 1949 Assa 57. 3' !.R. "aha+a,- &utt on 'ontract - . 231. MEMORIAL OR T!E #ETITIO$ER"#A&E 10
CONTRACT OF NECESSITY 2nder the 0nglish la%, a contract entered by a minor for necessities is valid. 1o%ever, in India, this principal has been adopted to limited extent under section 7+, Indian !ontract Act, +-8-. This provision is applicable only in cases of necessity to provide him %ith things suited to his condition in life.8+ IF MINOR HAS REAPED ANY BENEFIT In the case of Ra$*-a,a De& 1. Nh*#a(a Pa"t,85 it %as held by the honble court that, a contract is speci#ically en#orceable against a minor i# he has reaped any bene#it under the contract$ +urther, even though a minor cannot enter into a contract, yet, guardian o# a minor can validly enter into a contract on behal# o# the minor .?< AGREEMENT IN SUB+SILENTIO The council on behalf of the respondent most humbly and respectfully submits before this honble court that under certain circumstances, offerees silence, couples %ith his conduct, %hich taBes form of positive act, may constitute acceptance, under an agreement sub$silentio.? Therefore, terms of a contract bet%een parties can be proved not only by his %ords but also by his conduct. ?
37 Claim o necessaries supplied to person incapable o contracting, or on his account –f a person, incapable of entering into a contract, or anyone whom he is legally bound to support, is supplied by another person with necessities suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person."
38 #ete+s . len>s /1840 ' M<= 42. 39 AIR 19'0 Cal '5. 40 Mall- Inan Cont+at At- . 411. 41 T.R. %esa- aw relating to -enders and overnment 'ontracts, p. )/0. 42 Ib. MEMORIAL OR T!E #ETITIO$ER"#A&E 11
In the case of Kea# Da& M!hta 1. Na" La, P!a# ,?8 it %as held by the honble court that, there must be reciprocity as to the binding o# agreement between person who wants to en#orce it and person against whom it is sought to be en#orced$' -Thus, the council on behalf of the respondent most humbly and respectfully submits before this honble court that conduct coupled %ith positive act amounts to valid acceptance of contract, even if the party is silence. "ut, mere Bno%ledge of proposal does not amount to a valid acceptance if it is not coupled %ith a positive act.
E.THAT PROPOSAL WAS NOT ACCEPTED AND PARTIES DID NOT ENTER INTO A VALID CONTRACT.
The council on behalf of the petitioner must humbly and respectfully submits before this honble court that no acceptance %as made by the petitioner to%ards the general offer made by /elicop &harmaceutical !o. 'td. And thus, they did not enter into any valid contract. THAT A GENERAL OFFER WAS MADE BY THE RESPONDENT The council on behalf of the respondent most humbly and respectfully submits before this honble court that the respondent /elicop &harmaceutical !o. 'td. had made a general offer to the public at large that a re%ard of I*/ 6<<< %ill be paid by the company to anyone %ho contracts the emerging 1* flu or the related virus after taBing their pills daily for three %eeBs as per the directions prescribed on the box. An offer made to the public at large is called a general offer. The person %ho accepts such an offer, generally, by performing its conditions, can bind the person maBing the offer. Although a general offer is made to the public at large, the contract is concluded only %ith that person %ho acts upon the terms of the offer, i.e., %ho accepts the offer. T%o manifestations of a %illingness to maBe the same bargain do not constitute a contract unless one is made %ith reference to the other.
43 AIR 1971 #at 253 . 255(25'. 44 ":+a 4. MEMORIAL OR T!E #ETITIO$ER"#A&E 12
In the case of Ca#,,, 1. Ca#-!,' S(!=e Ba,, C!.,?6it %as held by the honble court that, this being a general o##er addressed to the world, had ripened into a contract with the plainti## by her act o# per#ormance o# conditions, and, thus accepting the o##er$ Although the o##er is made to the world, the contract is made with that limited portion o# the public who comes #orward and per#orms the condition on the #aith o# the advertisement .?7 NO ACCEPTANCE MADE BY THE PETITIONER The council on behalf of the respondent most humbly and respectfully submits before this honble court that the petitioner, Mr. /ajan %as merely a%are of the advertisement and he believed in the accuracy of the statements appearing in the advertisement. 1o%ever, for a valid contract to be made, the proposee should either accept the offer expressly or imply his acceptance through his conduct %hich taBes form of a positive act. The petitioner did not fulfil any of the t%o conditions, instead he tooB his son to his family doctor and tooB medicines as per his prescription.?1ence, the council on behalf of the petitioner most humbly and respectfully submits before this honble court that the petitioner did not accept the general offer made by the respondent company and hence no contract %as entered bet%een the parties. Thus, the petitioner is not entitled to the amount claimed. THAT MEDICINES WERE NOT TAKEN ACCORDING TO THE DIRECTIONS SPECIFIED BY THE RESPONDENT COMPANY. The council on behalf of the respondent most humbly and respectfully submits before this honble court that the petitioner did not consume the pills according to the conditions specified by the respondent. Arguendo, the advertisement that appeared in the Tribune dated 6th June, <6 stated that a re%ard of I*/ 6<<< %ill be paid by the respondent company to anyone %ho contracts 1* flu after taBing their pills a,% 0!# th#ee /ee=& a& pe# the
45 /1893 1 .. 25' at 2'8. 4' T.R. %esa- aw relating to -enders and overnment 'ontracts, p. )/0. 47 !.R. "aha+a,- &utt on 'ontract - . 231. MEMORIAL OR T!E #ETITIO$ER"#A&E 13
#e't!"& p#"te !" the -!@. Although the petitioner had consumed the same pills, but they %ere not consumed as per the directions specified by the company. /ather, a th#ee /ee= '!*#&e !0 the p,,& /e#e ta=e" a& pe# the #e't!"& !0 the# 0a(,% !'t!#. 1ence, by not consuming the pills as per the directions of the respondent company, the petitioner did not efficiently comply %ith the conditions and hence, no valid acceptance of the general offer %as made. Thus, the petitioner is not entitled to the amount of I*/ 6<<<.
MEMORIAL OR T!E #ETITIO$ER"#A&E 14
THE P RAYER
:herefore, in the light of the issues raised, arguments advanced and authorities cited, it is most humbly and respectfully prayed before this 1onble !ourt to adjudge and declare that
Mr. Ajay is a minor and does not have capacity to enter into a valid contract. (r. )upta %as not a%are of the terms and conditions prescribed in the
advertisement. The parties did not enter into a valid contract. The petitioner did not consume the pills as per the directions of the
/espondent !ompany. The petitioner is not entitled to the sum of I*/ 6<<<.
And any other order %hich this 1onble !ourt may be pleased to grant in the interest of justice, e#uity and good conscience. All of %hich is most humbly and respectfully submitted.
(ateCCC &lace
MEMORIAL OR T!E #ETITIO$ER"#A&E 15
!ounsels for the /espondent
