Highlights
PART A:
1. Akash borrows Rs 50,000 from Barnes. Shikha stands as the surety for the repayment of loan by Akash to Barnes. Thereafter, Akash and Barnes agreed mutually that Akash may repay Rs 30,000 instead of Rs 50,000. Is Shikha discharged from her liability as a surety?
2. Sanjay is an engineer who has developed a robot to do household chores. Sanjay is looking to test his robots before he can launch the robots in market. While a lot of people are showing interest in the robot Sanjay is skeptical of loosing his intellectual property rights. Sanjay’s lawyer suggests he can use a Confidentiality and Non-Disclosure Agreement, which will put an obligation on the signor of the agreement to maintain secrecy and also make such person(s) liable to indemnify incase of loss, breach or non-return of the goods/products. Sanjay entered into a contract with the company testers.com, to help him test run the robots while maintaining the secrecy. Sanjay and the company entered into a Confidentiality and Non-Disclosure Agreement where it was agreed that the company will help Sanjay find prospective houses to test run the robot. The company also agreed to indemnify Sanjay for any loss which Sanjay might incur during the term of the agreement. Sanjay and Company shortlisted 10 such households and the company entered into a Confidentiality and Non-Disclosure Agreement with each of these users along-with indemnification agreement. The company promised to indemnify the users against any and all losses which users might incur in-respect of the subject matter of the contract. Secrecy is the essence of both contracts and the same was breached when one of the users, Seema, decided to take the robot out for shopping and lend it out for rent. Seema met a guy, Ram at the grocery store. Ram was a scientist, he without revealing his true identity to Seema convinced her to lend him the robot for Rs. 2000 per day. Seema tempted by the offer lend the robot to Ram, for a week. After a week when the robot was returned to Seema it was quite evident that the robot had been opened and re-assembled. There seemed to be some glitches in its functioning ever since it returned from Ram’s place. Thankfully, Sanjay had used a specialised mechanism which blocked other users from accessing the robot. Ram could disassemble the robot but couldn’t access anything and no information was hacked or lost. Seema filed a complaint to the company for robot not working and when Sanjay visited to check the robot he realised that someone tried to access the robot. After a series of questions and cold interrogation Seema confessed what she had done. Sanjay is very upset and wishes to sue her for damages and breach. Seema still feels that the robot is defective and decides to contest the case despite the company’s clear instructions to her to settle the case. Sanjay sues Seema for damages worth Rs. 1 crore. The Court decrees the suit in favour of Sanjay and orders Seema to pay Rs. 1 crore as damages along with Rs. 1 lakh as costs. Decide upon the liability of testers.com.
3. Rajat handed over pack of jewelry to Kasturi jewelers for the purpose of being melted and utilized for making new jewels under his supervision. Every evening Rajat used to leave the box in the jeweler’s house without handing over the keys. One-night jewel was stolen. Discuss whether Kasturi jeweler is liable for the loss?
4. Carl borrowed money from AGAGI Bank against some securities furnished by Carl. Carl defaulted in the payment and AGAGI Bank sent him a reminder for the payment due. Carl asked for more time; however, instead the bank decided to sell off the securities furnished by Carl. Carl decides to take legal action against the bank. Advise Carl.
5. KayC has her heart set on the new “Toyota Breeze” car which was launched by Toyota earlier this month. On her way back from a friends place KayC notices CrazyCarz, a Toyota dealership which was running some offer on the Toyota Breeze test drive. KayC immediately pulls over and parks her blue Nissan Altima at CrazyCarz parking lot and requests to test drive the new Toyota Breeze. While test driving the new Toyota Breeze KayC tries to take a selfie and ends up hitting the pole and breaking one of the headlights. The CrazyCarz car salesman is clearly very upset with KayC and immediately takes control of the car and drives back to the dealership. On returning KayC notices that her car (the blue Nissan Altima) which was securely parked at the CrazyCarz parking lot has been rear-ended. Both parties claim loss against each other arguing a bailor-bailee relationship. Do you think there is any merit in this argument? Comment on the merits of CrazyCarz claim against KayC regarding loss to Toyota Breeze and KayC’s claim against CrazyCarz in relation to her Nissan Altima.
6. Arbaaz Khan is a con artist. He hired another con artist Sana Galib and both decided to con Kalyan Jewellers. Both Arbaaz and Sana portrayed themselves as Amitabh Bachchan and Shweta Nanda and went to the Connaught Place KalyanJeweller store, biggest store in Delhi. The CP Kalyan Jewellers store manager K.K. mistaking the con artists for real life Amitabh Bachchan and Shweta Nanda sold them jewellery worth 5 crores. The store accepted payment by cheque. A day later K.K. happened to meet Mr. Bachchan in a store inauguration and thanked him for visiting the store the other day. Mr Bachchan denied ever visiting the store with his daughter and his manager confirmed that Mr Bachchan was in Dubai the whole week for a wedding. K.K. was shocked. He quickly called the store and asked his assistant to bank the cheque given by Mr. Bachchan and his daughter. As expected, the cheque bounced on presentment. K.K. tried to rescind the contract on basis of fraud and misrepresentation, but the duo had already pledged the jewellery to a local pawn shop, who had no knowledge of bad title in the jewellery. The owner of the pawn shop gets to know about the bad title but he argues that the pledge is valid even though the pawnor’s title was defective. Advise on the rights of the pawn shop owner and the manager KK in light of the facts provided and Indian Contract Act provisions relating to pledge.
7. Mr. Ramesh hired locker no.15 on 10th January 2000 in RCB bank and had deposited jewelry in the value of Rs 14,26,000/-. The locker of Mr. Ramesh along with others was broken by miscreants and the content thereof, was stolen. In the light of abovementioned facts decide the liability of the bank by providing reasoning, statutory provisions and judicial pronouncements. Whether mere hiring of a locker in a bank is sufficient to constitute the contract of bailment?
8. How general is lien as defined in Section 171 of the Indian Contract Act, 1872, in comparison to ‘particular lien’ in Section 170 of the Indian Contract Act, 1872. Illustrate
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