Moot problem on contract
Madhumita singh
(Querist) 07 September 2015
This query is : Resolved
Moot Problem � 1
The following advertisement appeared in The Bharat Times dated 15th June 2010:
�A reward of INR 15000 will be paid by Relicop Pharmaceuticals Co. Ltd. (herein called the �Company�)
who contracts the emerging H1N1 flu or the related virus, after having taken their pill daily for three weeks
as per the directions printed on the box. We have a hundred percent success rate for the pill for the last
season of flu related diseases. Address : Relicop Pharmaceuticals Co. Ltd., Tansen Marg, New Delhi �
110001�
Mr. Kachru, residing in Ahemdabad, saw and the above advertisement and believed the accuracy of the
statements appearing in the advertisement. His son Rishabh Kachru, aged 12 years, was down with fever and
was taken to their family doctor Dr. Nanda. He then made Rishabh take the three weeks course of the pill.
Dr. Nanda had no knowledge of the said advertisement. However despite having taken the said course of
medicines Rishab contracted H1N1 flue on 27th July 2010. Mr. Kachru, on behalf of his son wrote to the
Company about his son contracting the H1N1 flue and asking for INR 15000 as promised by them in their
advertisement. The Company denied the amount saying there was never a contract between Mr. Rishabh
Kachru and the Company due to the following:
? Mr. Rishabh Kachru is a minor and does not have capacity to enter into a valid contract.
? Dr. Nanda while prescribing the pill to Mr. Rishabh Kachru was not aware of the terms and conditions
prescribed in the advertisement.
? Mr. Rishabh Kachru did not communicate his acceptance to the Company and
? The contract was concluded in Ahmedabad where as it should have been concluded where the offer was
made, i.e. New Delhi.
Please help me prepare moot file from both plaintiff and defendant side?
malipeddi jaggarao
(Expert) 08 September 2015
This is not teaching platform. You have to work out on your own.
R.K Nanda
(Expert) 08 September 2015
contact ur professor.
Madhumita singh
(Querist) 08 September 2015
I just want to know the answer of one thing from plaintiff's side and that is how can i support Mr rishabh kachru on the ques that he has the capacity to enter into a valid contract
