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Ques.

Mohan, the proprietor of a newspaper, is approached by his friend Rawat to publish libelous material against an actress, Kiran. Mohan is reluctant, as he fears the actress may sue him for libel if the material is published. Rawat gives a written promise to indemnify Mohan against the consequences of the publication and all costs and damages of any action in respect thereof.

Reassured, Mohan goes ahead and publshes the offending material and sure enough, just as he had feared, is sued by Kiran and is required to pay damages and also incur expenses. Is Rawat liable to make good the financial loss to Mohan ? Justify your answer.

Ques. 2

Nagendra, a warehouseman, was entrusted with certain goods for safe custody. He had taken reasonable precautions for the safety of the goods by providing a safe building, safe locks and a round the clock security guard. But the goods were stolen due to negligence of the security guard. Nagendra denied his liability on the plea that there was no negligence on his part and that he had taken all possible precautions. Is Nagendra liable ? Examine in the light of provisions of Indian Contact Act.

Ques. 3 Sandeep had sold his house to Bachchan for Rs. 10 lakh. It was only later that he came to know that is was even conservatively estimated to be worth at least Rs. 25 lakh. Immediately thereafter, he preferred to back out and refused to perform the contract by giving an undisputed possession of his house to Bachchan, on the plea that the sale price was too inadequate, and that he (Bachchan) must pay him Rs. 15 lakh more, when alone he will sell his house to him. Thereupon, Bachchan filed a suit against Sandeep to perform the valid contract entered into between them. What are the chances of Bachchan winning the case ? Give reasons for your answer. Ques. 4 Karan had engaged Lalwani, an eminent lawyer, to plead his case in the Supreme Court on the usual fee of Rs. 2 lakh. After a month, as the case was progressing, Karan promised to Lalwani that he would pay him an additional sum of Rs. 1 lakh, if he would plead his case in the best possible and professional manner, such that be finally wins the case. Lalwani most willingly accepted this offer of Karan. Incidentally, Karan happened to win the case. Thereupon Lalwani asked Karan to pay him the extra Rs. 1 lakh, as was promised by him (Karan). But Karan refused to make such payment to Lalwani. Thereupon Lalwani filed a suit in the Court to claim the

promised money from Karan. Do you think that Lalwani will win the case ? Give reasons for your answer.

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