Hi all,
I know it's not the right place but was wondering if anyone could help me with the following moot court problem. Need assistance urgently (plaint and WS) and related question to be asked:-
"The following advertisement appeared in the The bharat Times dated 15thJune, 2010
" A reward of inr 15000 will be paid by Relicop Pharamaceuticals Co. Linted ( company) who contracts the emerging HINI flu or the relate virus, after havingtaken their pill daily for three weeks as per the directions printed on the box. We have a hunder percent success rate for the pill for the last season of flu related disease. Address Reli cop, Tansen Marg, New delhi.
Mr. kachu, residing in Ahmedabad saw and the above advertisement and believed the accuracy of the statements appearing in the adversement. His son Rishab, aged 12 years, was down with fever and was taken to their family doc Mr. Nada . he then made Rishab take the 3 weeks course of the pill. Dr. Nanda had no knowledge of the said advertisement. However despite having taken the said course the medicine Ribsha contract HINI flue on 27 th July, 2010. Mr. Kachru on behalf of his son wrote to the company about his son contracting the HINI flu 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. Rishab and the company due to the following:
1. Mr. Rishab is a minor and does not have capacity to enter into a valid contract.
2. Dr. Nanda while prescribing he pill to Mr. Rishab Kachru was not aware of the terms and conditions prescribed in the adversitemnt
3. Mr. Rishab did not communicate his acceptance to the company and
4. The contract was concluded in Ahmedaband where as it should have been concluded where the offer was made i.e New Delhi.
