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mkm (student)     05 September 2009

help for moot problem

i want your help regarding the moot problem.........

what can be the arguements



Learning

 1 Replies

Adv.Aiyer VLV (Proprietor)     09 September 2009

 Hi MKM

This is clear case of Baxandale rule. 

Avinash being an agent of Kingfisher, Kingfisher airline is bound by acts of agent. (presumption that life saving machine being ready is reply agent received from principal will hold water). Take agency related case laws

Contract of Raghunathan(or his son) is formed when they buy tickets with Avinash. This contract can not be overruled by Jet, who have just stepped into shoes of Kingfisher. They have no right for unilateral conditions being imposed. Original contract conditions apply here too. The contract formation occurs prior to ticket conditions. There are umpteen cases for this acceptance, conditions like cloak room case. Those conditions are post contract. 

more than Art21, this is a clear case of Contract Act alone. 

ATB regards

VLV


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