Question 1: There was an agreement between Ali & Amjad for the sale of 4,000
boxes of canned fruit packed in cases of 40 boxes. When delivered it was
discovered that half the cases contained only 24 boxes although the total number
of boxes was still 4,000. The market value was not affected. Solve the case; tell
consequences and solutions by keeping in mind discharge of contract.
Answer:
Agreement/Contract:
This case is terminated by operation of law in the case of Material Alteration.
Consequence:
In the above case the agreement is sale of 4,000 boxes of canned fruit packed in cases of 40
boxes. At the time delivery it was discovered that half the cases contained only 24 boxes
although the total number of boxes was still 4,000, so they clearly show that some Alteration
in the Material, one party makes material alteration in term of contract without consent of the
other party. So, the contract is discharged.
Solution:
The solution is Nominal Damages in the above case there is no damages done (market
value was not affected) So we not awarded or not punished.
Question 2: Aslam agrees to sell his mobile to Sarah for an amount of Rs 20,000.
He also promises to deliver it within 2 days. The next day, when Aslam
approached Sarah with his phone, Sarah refuses to accept it without any valid
reason. Solve the case; tell consequences and solutions by keeping in mind
discharge of contract.
Answer:
Agreement/Contract:
This case is terminated by Discharge by Performance in the case of Offer to Perform.
Because of promisor offers to perform the promise but promisee does not accept the
performance.
Consequence:
Aslam approached Sarah with is phone but Sarah refuses to accept it without any reason. So,
the contract is discharged.
But Aslam can Sue the Sarah for breach of contract.
Solution:
The solution is (Nominal Damages) in the above case there is no damages done, so we
not awarded or not punished.
Aslam can sue Sarah under Section 38
