Highlights
Question 1:
Professor Grogu is a professor of Anthropology at a reputed Indian University. His ancestors hailed from the Mandalore District in Karnataka state in India. The government recently opened a container terminal and the district has been flourishing with trade. Professor Grogu grew up in New Delhi and never visited Mandalore. He knew of these developments in Mandalore through the newspaper. On 15 February 2021 his grandfather passed away in Mandalore and he inherited 50 acres of land from him. Moff Infrastructures Pvt. Limited (“The Company”) had been trying to buy this property from Prof. Grogu’s grandfather for years. The property was close to the National Highway and an excellent location for a business park. The Company knew of this new development and they learned through their sources that Professor Grogu was the new owner of the property. Their in-house team emailed Professor Grogu and set up a meeting with him at their Delhi office. On the day of the meeting Professor Grogu was taken to a conference room and when he arrived he noticed that a group of 17 well-dressed executives were already waiting for him in the room. They had prepared presentations to convince him to sell the property to the company. The presentation had several documents showing the market price as Rs 4 crore for 50 Acres. After the meeting, the company made an offer of Rs 7 crore to him. Professor Grogu had never seen such a huge amount in his life. Enthusiastically, he said “Yes! This is great”. He was immediately presented with a contract for signing. Seeing this, Professor Grogu got up to call his partner who was an attorney. One of the executives blocked his way and said “You should just sign the papers, I wouldn’t involve an attorney if I were you. It’s a waste of money”. Hearing this another executive came forward saying “We are telling you the truth, this is all the money you can get for this property, just sign already”. All the other representatives of the company started berating him. One of them even threw a pen on the table, startling Professor Grogu. Seeing the commotion, one of the building securities also arrived and Grogu could see the gun hanging on his waist. Scared by everything, Professor Grogu immediately signed the contract and the representatives handed him cheque for the full amount. He ran outside and called his partner explaining the situation. His partner informed him that the current market price was Rs 15 Crore due to its proximity to the NH. His partner immediately advised him to email the company saying the deal was off. The company replied saying this was unacceptable.
(A) Argue on behalf of Moff Infrastructures Pvt. Limited for honouring the contract.
(B) Argue on behalf of Grogu for invalidating the contract. Substantiate your answer using provisions from the Indian Contract Act and case laws.
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