Build a Legal Defense for Mr. X Citing Relevant Sections of the Indian Contract Act, Which Will Enable Mr. X to Argue His Case Before the Trial Court in Your Own Words
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Build a legal defense for Mr. X citing relevant sections of the Indian Contract Act, which will enable Mr. X to argue his case before the Trial Court in your own words. (200 words)
The Section 63 of the Indian Contract Law, 1872 – “Every promise may dispense with or remit, the performance of the promise made to him.” Here, the respondent who was the promisee, by agreeing to Mr. X’s demand of extended stay in US remitted appellant’s performance of serving for five years.
Moreover, the initial contract signed between Mr.X and the Government of Sikkim stipulates that if the State Government is unable to provide him gainful employment within six months post Mr. X’s return to India after his completion of studies, then Mr. X is at liberty to work elsewhere. For the same purpose Mr. X wrote a letter to the State Government on 18th July 2012 informing them of his return to India, however the State Government failed to provide gainful employment within six months of the letter being written i.e, 18th Jan 2013. Hence, Mr. X is resolved of all his liabilities to the State Government and is free to work elsewhere.
Therefore, in this case the State Government has waive of their claims since they breached the contract.
Did Mr.X, the Appellant cause breach of contract. If yes, what elements of breach are present in his case? Giving instances from his conduct make out a charge for breach of bond conditions and therefore his liability for damages. Cite relevant sections of the Indian Contract Act, 1872 under which such breach is dealt with and the remedies therefrom to substantiate your answer (200 words maximum)
Yes, Mr. X did breach the contract. According to Section 63 of Indian Contract Law, 1872, the State Government promised to extend Mr. X stays abroad by one year in lieu of his training on his request.
However, Mr. X returned to India without completing his training, which he later informed the State Government. However, he did so for domestic reasons and had full intentions of completing the training as he wrote a letter asking for the Government’s permission to return abroad to complete his training however, he left India before getting the Government’s reply. This clearly shows Mr. X’s disregard for the law. He also didn’t return to India after the training. All this points to clear breach of the contract signed by him therefore, he is liable to pay penalty as stipulated in the contact.
In such a case, where Mr. X fails to adhere to the stipulations he is supposed to return all the monies spent by the government with 5% annual interest. Suppose the amount of scholarship, passage accounts to INR 40,00,000 then adding the 5% annual interest, Mr. X is liable to pay INR 44,10,000.
Despite the contents of clause 1 and 2 which provided some scope for Mr. X, the appellant invariably led himself into liabilities. From the contents of the matter before you, make a strategy using which, Mr. X, the appellant, could have saved himself the damages arising out of this suit. (200 words maximum)
In the case of breach of a contract, affirmative defenses are used wherein the party raising the breach has the burden of proving the breach, if the case goes to trial. The party has to render the breach moot.
From the matter presented before us, we can devise a strategy to prove that Mr. X lacked the capacity to contract. According to the contract agreed between the two parties, Mr. X was to complete the one-year training at the Ding Dong Bell Company at his own cost. However, owing to the sudden demise of his mother, Mr. X ran into financial difficulties clearing his mothers debts. So when he returned to US to complete his training, he had to take up other jobs to pay for his training and boarding in US. The employment contract he entered in the due course of this job prevented him from returning to India. Therefore, Mr. X was unable