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3. (a) Birla owned a plot of agricultural land that he licensed to Tata. Tata was licensed to grow and process sugarcane; and promised to

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3. (a) Birla owned a plot of agricultural land that he licensed to Tata. Tata was licensed to grow and process sugarcane; and promised to deliver 40 kgs of processed sugar every month to Birla. It turned out that because of infrequent rains, the sugarcane production of the plot had gotten reduced to 20 kgs of sugar per month, and as a result, Tata failed to deliver 20 kgs of sugar to Birla. Birla is furious and sued Tata for breach of contract. Advise Tata on his chances to win the case. 5 marks (b) Assume that in the contract that Tata and Birla entered into had a typographical error (error in typing). The lawyer who was drafting the contract, wrote 20 kgs of sugar instead of 40 kgs of sugar. Tata had noticed this error but said nothing. When Birla sues Tata, Birla wants to point to the typographical error to render the contract void. How would you advise Birla in this case if he approached you for advise? 5 marks (c) Ashish agrees to sell his cat to Priya. But at the time of the agreement, the cat had run away from the house. Neither Ashish nor Priya was aware of this. Is the contract valid? 3 marks (d) Would your answer change if Ashish knew about the cat running away? (2 marks)

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