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