ABOUT THE CASE
• Ramesh bought coffee table book for his son
  of Rs. 2500
         Many days passed but courier did
• He courier it to Bangalore through City
                   not get delivered
  Express – a courier company
       It either got pilfered in transit or got
• Exchanging of necessary information at the
                      misplaced
  desk
      Ramesh demanded the value but
       courier company refused to pay
                        BUT
TERMS AND CONDITIONS
• In the case of a consignment which is not a
  document, the sender will provide the
  description of the goods and itsdeal in the
       These terms and condition are value
• The liability ofcontext of the case any loss or
                   City Express for
      These condition are (2) and (5) respectively
  damage to the shipment is limited to Rs. 100/-
  for each consignment. Further , city Express
  will not be responsible for any consequential
  losses.
 These terms and condition are deal in the context of the case
          These condition are (2) and (5) respectively
ISSUES FOR EXPLORATION
1. Who has set the terms of offer?


   Here, courier company set the all the terms of
    the offer.
   Ramesh was offer first to courier his consignment
    and the term was already define by the courier
    company
ISSUES FOR EXPLORATION
 2. Who makes the offer?



 Ramesh was make the offer first



  “I want to send this packet containing a book to Bangalore”
ISSUES FOR EXPLORATION
3. Who accept it?

 City Express – a courier company accept the
  offer made by the Ramesh
ISSUES FOR EXPLORATION
4. What are the liability of the courier company
 for the lost packet?
 As per the condition no. 5


The liability of City Express for any loss or damage to
the shipment is limited to Rs. 100/- for each
consignment. Further , city Express will not be
responsible for any consequential losses.
ISSUES OF EXPLORATION
5. Would it make any different to the liability of
 the courier company if clause 5 were not
 there in the above term and condition?
ABOUT THE CASE
• Rajan was interested in life insurance
• He took a help of an agent
• He completed necessary formalities and drew
  the cheque
• Three week later insurance company
  encashed the cheque

                   A WEEK LATER
ABOUT THE CASE
• Rajan died in an accident
• Rajan’s wife claim for money
• Insurance company decline by saying
  that process is not completed yet
• Rajan’s wife claim that the encashing of
  cheque amount to acceptance of the
  proposal
ISSUES FOR EXPLORATION
1. Who makes the offer?

 Rajan was making the offer
ISSUES FOR EXPLORATION
2. Who has set the terms of offer?

 Insurance company has set the terms of offer
ISSUES FOR EXPLORATION
3. To whom has the offer been communicated?

 Offer been communicated to the agent
ISSUES FOR EXPLORATION
4. Who should communicate the acceptance of
 offer?

 Agent should communicate the acceptance of
 offer
ISSUES FOR EXPLORATION
5. To whom Should the communication of offer
 be made?

 To Rajan
ISSUES FOR EXPLORATION
6. Has the acceptance of offer been
 communicated?

 No, the acceptance of the offer has not been
 communicated
ISSUES FOR EXPLORATION
7. Has the offer been accepted?

 No, the offer has not been accepted
ISSUES FOR EXPLORATION
8. Has a contract been formed between the
 parties?

 Yes
Lost courier
Lost courier

Lost courier

  • 2.
    ABOUT THE CASE •Ramesh bought coffee table book for his son of Rs. 2500 Many days passed but courier did • He courier it to Bangalore through City not get delivered Express – a courier company It either got pilfered in transit or got • Exchanging of necessary information at the misplaced desk Ramesh demanded the value but courier company refused to pay BUT
  • 3.
    TERMS AND CONDITIONS •In the case of a consignment which is not a document, the sender will provide the description of the goods and itsdeal in the These terms and condition are value • The liability ofcontext of the case any loss or City Express for These condition are (2) and (5) respectively damage to the shipment is limited to Rs. 100/- for each consignment. Further , city Express will not be responsible for any consequential losses. These terms and condition are deal in the context of the case These condition are (2) and (5) respectively
  • 4.
    ISSUES FOR EXPLORATION 1.Who has set the terms of offer?  Here, courier company set the all the terms of the offer.  Ramesh was offer first to courier his consignment and the term was already define by the courier company
  • 5.
    ISSUES FOR EXPLORATION 2. Who makes the offer?  Ramesh was make the offer first “I want to send this packet containing a book to Bangalore”
  • 6.
    ISSUES FOR EXPLORATION 3.Who accept it?  City Express – a courier company accept the offer made by the Ramesh
  • 7.
    ISSUES FOR EXPLORATION 4.What are the liability of the courier company for the lost packet?  As per the condition no. 5 The liability of City Express for any loss or damage to the shipment is limited to Rs. 100/- for each consignment. Further , city Express will not be responsible for any consequential losses.
  • 8.
    ISSUES OF EXPLORATION 5.Would it make any different to the liability of the courier company if clause 5 were not there in the above term and condition?
  • 10.
    ABOUT THE CASE •Rajan was interested in life insurance • He took a help of an agent • He completed necessary formalities and drew the cheque • Three week later insurance company encashed the cheque A WEEK LATER
  • 11.
    ABOUT THE CASE •Rajan died in an accident • Rajan’s wife claim for money • Insurance company decline by saying that process is not completed yet • Rajan’s wife claim that the encashing of cheque amount to acceptance of the proposal
  • 12.
    ISSUES FOR EXPLORATION 1.Who makes the offer?  Rajan was making the offer
  • 13.
    ISSUES FOR EXPLORATION 2.Who has set the terms of offer?  Insurance company has set the terms of offer
  • 14.
    ISSUES FOR EXPLORATION 3.To whom has the offer been communicated?  Offer been communicated to the agent
  • 15.
    ISSUES FOR EXPLORATION 4.Who should communicate the acceptance of offer?  Agent should communicate the acceptance of offer
  • 16.
    ISSUES FOR EXPLORATION 5.To whom Should the communication of offer be made?  To Rajan
  • 17.
    ISSUES FOR EXPLORATION 6.Has the acceptance of offer been communicated?  No, the acceptance of the offer has not been communicated
  • 18.
    ISSUES FOR EXPLORATION 7.Has the offer been accepted?  No, the offer has not been accepted
  • 19.
    ISSUES FOR EXPLORATION 8.Has a contract been formed between the parties?  Yes