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Plaintiff entitled to claim the reward as the open offer was duly accepted

Nihal Thareja ,
  25 June 2020       Share Bookmark

Court :
Allahabad High Court
Brief :
In the opinion of the court, the Plaintiff had substantially fulfilled the terms of the contract. There was an open offer to the whole world on behalf of the Defendant through the handbill and was also capable of getting an acceptance from any person who fulfilled the conditions stipulated. The court reversed the findings of the Small Cause Court being artificial. A decree was passed in favour of the Plaintiff with costs.
Citation :
HAR BHAJAN LAL VS HAR CHARAN LAL AND ANR. (1925) ​CITATION: AIR 1925 All 539

UNDER SECTION 10 OF INDIAN CONTRACT ACT 1872

BENCH: Mears, CJ

FACTS:

  • A young boy Ram Kishen of 13 or 14 ran away from his father's home at Baheri on the 9th of June, 1924.
  • The father of the boy issued a pamphlet, where he offered a reward stating "Anybody who finds a trace of the boy and brings him home will get Rs. 500."
  • Plaintiff Har Bhajan Lal found him at Bareilly Junction railway station from where he took the boy to police and filed a report and also informed the father through a telegram

ISSUE:

  • Whether there existed a general offer on part of the Defendant
  • Whether the Plaintiff fulfilled the terms of the contract

DEFENDANT’s CONTENTIONS:

  • That the Defendant had not brought the boy to him and is not entitled to the reward

JUDGMENT:

In the opinion of the court, the Plaintiff had substantially fulfilled the terms of the contract. There was an open offer to the whole world on behalf of the Defendant through the handbill and was also capable of getting an acceptance from any person who fulfilled the conditions stipulated. The court reversed the findings of the Small Cause Court being artificial. A decree was passed in favour of the Plaintiff with costs.

 
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