Q:-

(A) Samantha Cyrus Poonawala owes a bakery. She specialises in artisan breads, English Pie and her special signature dish Dhansak Patty. Her Dhansak patty is protected under the laws of IPR in India. For her Dhansak Patty, she prepares a special dough with 40% wheat flour, 40% oats flour, 10% cornflour and the remaining a secret ingredient. She always gets her 4:4:1 dough mix from Sean Potter, a farmer and her next door neighbour. They have been doing business with each other for the past 20 years without any formal agreement. Recently, they have decided to draw up a written contract under the Indian Contract Act, 1872. As per the terms of contract, Sean is to deliver the 4:4:1 dough mix to Samantha fresh from the mill every second Saturday and fourth Saturday of every Month. The contract says the strict ratio of the dough and the freshness of the dough is of essence. A delay of 24-48 hours is permitted but the ratio and freshness cannot be compromised. As per the terms of the Contract, Samantha has agreed to pay Rs. 30,000/- per month of the supply of the dough (minus the taxes). Last 02 months, the batch of dough provided has not been up to the mark which has affected Samantha's business. Upon using her contacts, she learnt that Sean has been providing poor and old quality products to his customers (including Samantha) to cover up the losses incurred during the lockdown. Samantha has herself faced losses due to the pandemic and the lockdown but she is doing her best to provide good quality products. She is furious. Samantha has approached you for legal advice as to what she should do given that Sean has broken his promise. You refer the contract and learn that it is poorly drawn and that there is a meagre compensation of 20 rupees for every failure of providing good quality dough. Advise her under the provisions of the Indian Contract Act, 1872.

(B) Samantha has been running her bakery under the format of Sole Proprietorship. She does not have enough turn over to form a public / private limited company but she is interested to get the benefits of the company to make her personal assets and liabilities secure from her business, especially in the wake of the pandemic. She has approached you for legal advice in case there is any alternative for her under the Company Law in India. Advice. You are required to support your advice with relevant cases and illustrations.

(C) Samantha writes an email to Tulika making an offer, "If you agree to agree to provide me cake flour at 300 Rs./- a kilo to be delivered to my bakery at the last working day of every month, I will enter to 5 yearlong formal agreement with you. Payment from my end will be made through bank transfer in 48 hours after the item is delivered. Please respond to this email in a hard copy letter, signed and sealed under your letter head". Tulika responds to the email back with another email "I agree and I will start sending you the batch from next month onwards".The delivery of cake flour takes place and Samantha's assistance who knew about this offer takes the delivery. The payment remains pending for two weeks. Tulika sues Samantha. Is there a contract? Give reasons for your answer.

(D)Samantha contracts with Rakesh that she will sell him secret narcotic flavoured bread especially customised for his bar. The agreement is signed. After three batches of delivery, Rakesh refuses to pay Samantha. Assuming that dealing in narcotics in any form and/or manner is banned by law in India. What is the nature of agreement between Samantha and Rakesh - illegal contracts, void contracts or unenforceable by law ? Give reasons for your answer.

(E)Samantha owed Rs. 10,000/- to Rustom who is her uncle. The debt is 25 years old. She took it for starting her bakery business. As niece and uncle have been very close to each other and on such good terms, they never discussed the repayment of the debt. The debt thus stands time barred under the Law of Limitation in India. With the pandemic in place, Samantha feels sad at and deeply troubled at her uncle's financial state. She wants to give the money back but a man of honour and because of the love for this niece, Rustom is not accepting a penny back.Nevertheless,Samantha promises to pay to Rustom, Rs. 3 lakhs/- in lieu of the very olddebt. While the agreement was being drafted, Samantha gets a sudden attack of unexplained insanity. She recovers and the agreement is in writing and signed. However, three days later after signing the agreement, Samantha catches a peculiar undiagnosed illness and slips into a complete state of insanity. Is there a contract? Give reasons for your answer.