Question
It w as a pleasant day of April. Mr. Mukabu was sitting in his garden with his family fried Ms Hcutachpei who was a Managing
It was a pleasant day of April. Mr. Mukabu was sitting in his garden with his family fried Ms Hcutachpei who was a Managing Director in M/s Cheratuien Sea Liner which was a pronounced shipping company in South Africa. His 17 years 7 months old daughter, Miss Zooshy came there alongwith her friend Gamchau. She appeared to be 2-3 years older than her actual age. She wanted Rs 50,000/- to go on a vacation to South Africa with her college friends. But her father refused. She being annoyed and frustrated went to a general store in his neighborhood and asked the shopkeeper to lend her some money as the shopkeeper namely Mr. Ali was someone she knew him for a long time and believed to give him the money she needed. Mr. Ali asked Zooshy to keep something as security with him and take the money. Zooshi gave her new watch and an old vintage mobile phone. She also signed paper as being the security. After some months when Zooshy turned 18, she sued against Mr.Ali, declaring that the security took by the shopkeeper from her was not valid as she was a minor and he shouldnt be held accountable to pay back the loan.
Reply the following keeping in mind contract act 1872.
a. The contract was written and signed between Zooshy and Mr. Ali. What was its status? Is it a Valid contract or Void contract or Voidable contract? Discuss.
b. Can Mr. Mukabu appoint Ms Zooshy as her agent for his business in South Africa? Explain your arguments. c. What would be the status of contract between Ali and Zooshy if it was an oral contract and not in writing. Would it be void contract or voidable contract? Is it same thing or otherwise write down differences?
d. Discuss this scenario with respect to Free Consent of parties which is an essential element of a valid contract.
e. Is there any role of Ms Hcutachpei in this contract with respect to privity of contract?
f. If Mr. Ali has provided loan of Rs, 50,000/- to Ms Zooshi on the guarantee of Mrs. Mukabu. Discuss this scenario wrt valid consideration by the Mrs. Mukabu, if any.
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