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Question

In which of the following case it was held that a contract through telephone is concluded at the place where acceptance is heard ?

A Bhagwandas V. Girdhari lal Correct Answer Incorrect Answer
B Lal man Shukla V. Gauri dutt Correct Answer Incorrect Answer
C Carlill V. Carbolic smoke ball Co. Correct Answer Incorrect Answer
D Satyabrata Ghose V. Mungni Ram Correct Answer Incorrect Answer

Solution

In Bhagwandas V. Girdhari lal the court held that the contract act does not expressly deal with the place where a contract has been made. As against cases of correspondence by post or telegram, in the present case of correspondence by a telephone, a contract was formed when acceptance was duly communicated to the offeror Lalman Shukla V. Gauri Dutt is touted as a landmark judgment for the validity of the contract The issue in Carlill v Carbolic Smoke Ball Co was whether the advert in question constituted an offer or an invitation to treat. By Satyabrata v Mugneeram, [1] the Supreme Court established the scope of Section 56 of ICA [2] that impossibility as mentioned in the said Section is used in a practical and not in literal sense

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