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IIBMS DMS EXAM ANSWER SHEET PROVIDED | IIBMS EXAM ANSWER SHEETS PROVIDED | IIBMS PROJECT REPORT | IIBMS THESIS REPORT

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CASE -1 Harvey V/S Facey Harvey v Facey [1893], is a contract law case decided by the United Kingdom Judicial Committee of the Privy Council on appeal from the Supreme Court of Judicature of Jamaica. In 1893 the Privy Council held final legal jurisdiction over most of the British Caribbean. Its importance in case law is that it defined the difference between an offer and supply of information. The Privy Council held that indication of lowest acceptable price does not constitute an offer to sell. Rather, it is considered a response to a request for information, specifically a "precise answer to a precise question" about the lowest acceptable price which the seller would consider. The case involved negotiations over a property in Jamaica. The defendant, Mr LM Facey, had been carrying on negotiations with the Mayor and Council of Kingston to sell a piece of property to Kingston City. On 7 October 1893, Facey was traveling on a train between Kingston and Porus and the appellant, Harvey, who wanted the property to be sold to him rather than to the City, sent Facey a telegram. It said, "Will you sell us Bumper Hall Pen? Telegraph lowest cash price-answer paid". Facey replied on the same day: "Lowest price for Bumper Hall Pen £900." Harvey then replied in the following words. "We agree to buy Bumper Hall Pen for the sum of nine hundred pounds asked by you. Please send us your title deed in order that we may get early possession." Facey, however refused to sell at that price, at which Harvey sued. Harvey had his action dismissed upon first trial presided over by Justice Curran,(who declared that the agreement as alleged by the Appellants did not denote a concluded contract) but won his claim on the Court of Appeal, which reversed the trial court decision, declaring that a binding agreement had been proved. The appellants obtained leave from the Supreme Court of Judicature of Jamaica to appeal to the Queen in Council (i.e. the Privy Council). The Privy Council reversed the Appeal court's opinion, reinstating the decision of Justice Curran in the very first trial and stating the reason for its action. The Privy Council advised that no contract existed between the two parties. The first telegram was simply a request for information, so at no stage did the defendant make a definite offer that could be accepted. Lord Morris gave the following judgment. In the view their Lordships take of this case it becomes unnecessary to consider several of the defences put forward on the part of the respondents, as their Lordships concur in the judgment of Mr. Justice Curran that there was no concluded contract between the appellants and L. M. Facey to be collected from the aforesaid telegrams. The first telegram asks two questions. The first question is as to the willingness of L. M. Facey to sell to the appellants; the second question asks the lowest price, and the word “Telegraph” is in its collocation addressed to that second question only. L. M. Facey replied to the second question only, and gives his lowest price. The third telegram from the appellants treats the answer of L. M. Facey stating his lowest price as an unconditional offer to sell to them at the price named. Their Lordships cannot treat the telegram from L. M. Facey as binding him in any respect, except to the extent it does by its terms, viz., and the lowest price. Everything else is left open, and the reply telegram from the appellants cannot be treated as an acceptance of an offer to sell to them; it is an offer that required to be accepted by L. M. Facey. The contract could only be completed if L. M. Facey had accepted the appellant's last telegram. It has been contended for the appellants that L. M. Facey's telegram should be read as saying “yes” to the first question put in the appellants' telegram, but there is nothing to support that contention. L. M. Facey's telegram gives a precise answer to a precise question, viz., and the price. The contract must appear by the telegrams, whereas the appellants are obliged to contend that an acceptance of the first question is to be implied. Their Lordships are of opinion that the mere statement of the lowest price at which the vendor would sell contains no implied contract to sell at that price to the persons making the inquiry. Their Lordships will therefore humbly advise Her Majesty that the judgment of the Supreme Court should be upheld. The appellants must pay to the respondents the costs of the appeal to the Supreme Court and of this appeal. Questions: 1. After Reading above study identify what type of contract between two parties? 2. If there will be no valid contract between parties give the fact and judgement for the same

Case -2 Carlill VS. Carbolic ball company 1893 Carlill v Carbolic Smoke Ball Company [1892] is an English contract law decision by the Court of Appeal, which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms. It is notable for its curious subject matter and how the influential judges (particularly Lindley and Bowen) developed the law in inventive ways. Carlill is frequently discussed as an introductory contract case, and may often be the first legal case a law student studies in the law of contract. The case concerned a flu remedy called the ‘carbolic smoke ball’. The manufacturer advertised that buyers who found it did not work would be awarded £100, a considerable amount of money at the time. The company was found to have been bound by its advertisement, which was construed as an offer which the buyer, by using the smoke ball, accepted, creating a contract. The Court of Appeal held the essential elements of a contract were all present, including offer and acceptance, consideration and an intention to create legal relations. The Carbolic Smoke Ball Co. made a product called the "smoke ball" and claimed it to be a cure for influenza and a number of other diseases. (The 1889–1890 flu pandemic was estimated to have killed 1 million people.) The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (or phenol). The tube would be inserted into a user's nose and squeezed at the bottom to release the vapours. The nose would run, ostensibly flushing out viral infections. The Company published advertisements in the Pall Mall Gazette and other newspapers on November 13, 1891, claiming that it would pay £100 (equivalent to £11,000 in 2019) to anyone who got sick with influenza after using its product according to the instructions provided with it. £100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza colds, or any disease caused by taking cold, after having used the ball three times daily for two weeks, according to the printed directions supplied with each ball. £1000 is deposited with the Alliance Bank, Regent Street, showing our sincerity in the matter. During the last epidemic of influenza many thousand carbolic smoke balls were sold as preventives against this disease, and in no ascertained case was the disease contracted by those using the carbolic smoke ball. One carbolic smoke ball will last a family several months, making it the cheapest remedy in the world at the price, 10s. post free. The ball can be refilled at a cost of 5s. Address: “Carbolic Smoke Ball Company”, 27, Princes Street, Hanover Square, London. Louisa Elizabeth Carlill saw the advertisement, bought one of the balls and used it three times daily for nearly two months until she contracted the flu on 17 January 1892. She claimed £100 from the Carbolic Smoke Ball Company. They ignored two letters from her husband, a solicitor. On a third request for her reward, they replied with an anonymous letter that if it is used properly the company had complete confidence in the smoke ball's efficacy, but "to protect themselves against all fraudulent claims", they would need her to come to their office to use the ball each day and be checked by the secretary. Carlill brought a claim to court. The barristers representing her argued that the advertisement and her reliance on it was a contract between the company and her, so the company ought to pay. The company argued it was not a serious contract. Question: 1. Identify the fact And Judgement From Above Case Study? 2. Explain which characteristics of law of contract is applicable in this case law?

CASE NO - 1 - Health or Work Mr. Victor is the marketing manager, looking after two sensitive products-Max and Priya (both are luxury soaps) - produced by Hindustan Trading Company. After a service of fifteen years, Mr. Victor now enjoys the second position in the marketing department of his company. Recently the company introduced a new soap for the elite class of customers. It was launched in all the big cities of India, under the overall supervision of Mr. Victor. Mr. Victor now travels twenty days a month and works for fourteen hours a day. His work is well appreciated by the chairman of the company. And was also rewarded with three direct increments. As an obvious result of this new development, Mr. Victor now looks after all the three sensitive soaps. Looking at his dashing approach to marketing, the company’s chairman now wants to give him the additional responsibility of an ‘international launch’ of these products. Unfortunately, Mr. Victor is now suffering from high blood pressure and has gone for medical treatment. Although he is on leave now, he has to resume his duties within a week. As per the doctor’s advice, Mr. Victor was supposed to take one month’s rest. Mr. Victor’s wife works in the government department and they are blessed with two school going sons. Question What is your advice for Mr. Victor? The Indian Institute Of Business Management & Studies Subject: General Management Marks: 100 2 CASE NO – 2 - Wanted a Leader Bombay Steel Limited is the market leader in raw steel, with 40% market share. The company has a work force of 35,000 employees including 6,000 officers. The chairman of the company Mr. Rangtha retired recently and could not place his successor immediately. The company is now facing severe competition from new entrants, especially foreign companies. The moral of employees’ is down due to the absence of proper allocation of responsibilities, support from superiors and wage revision. The company is also expecting a non-cooperation movement to be carried out by its two unions. Export orders are pending. The export market now expects better quality of product. The government has allowed BSL to expand its capacity, acquire new technology and also raise capital from the open market. Three senior executives of the company are in the race of becoming the new chairman. Two senior bureaucrats from the central government departments are also aspiring for the same position. Question 1. What type of leader/chairman is required for this company? 2. Who should be made the chairman? 3. What should be the priorities of the new chairman? 

CASE NO – 2 - Wanted a Leader Bombay Steel Limited is the market leader in raw steel, with 40% market share. The company has a work force of 35,000 employees including 6,000 officers. The chairman of the company Mr. Rangtha retired recently and could not place his successor immediately. The company is now facing severe competition from new entrants, especially foreign companies. The moral of employees’ is down due to the absence of proper allocation of responsibilities, support from superiors and wage revision. The company is also expecting a non-cooperation movement to be carried out by its two unions. Export orders are pending. The export market now expects better quality of product. The government has allowed BSL to expand its capacity, acquire new technology and also raise capital from the open market. Three senior executives of the company are in the race of becoming the new chairman. Two senior bureaucrats from the central government departments are also aspiring for the same position. Question 1. What type of leader/chairman is required for this company? 2. Who should be made the chairman? 3. What should be the priorities of the new chairman