@bitlovable

I'd recommend you to have a look at past papers of M. Law. after that you'll have a clear idea to opt it or not.


Regards,

I'd seen the past papers; questions don't look that tough.. but the problem is that in C.A, just your concept is checked; there is no need to produce the section numbers and references to the cases. but the discussion in this forum is indicating that in CSS you have to produce the section numbers and other references n that can be very cumbersome. This forum too is looking confused on this matter; some are saying that this thing matters and some are saying no.

CSS is not an examination of childern. its a competitive examination. u have to produce as well as u can. n beat whole the forum. just check ur book which u want to study. n write ur questions on this forum. in this way u may doing well n u also remember sections and cases references.
i m doing LL.B. my experience said that be positive in ur way. ok bye God may helps u.

__________________
aM i RigHt?

hy.. senior members plz tell me how to solve merchantile law cases.what is the pattern?? i have basic knowledge of the subject and got good marks in bcom papers.i think i can attempt the cases but i want to know the correct pattern..

desperately waiting 4 reply.

Facts:

Issue:

Holding:

Outcome:

Rule:

Rationale:

__________________
"Tumhary nafs ki qeemat Janat hay isy Janat say kam qeemat pey na bechna."
"Jiyo to istarh ky log tum sy milny ko tarsy; maro to istrah k log tumharee mot par royain"

Thank you so much for your reply to my query am glad that the reply is so quick i wasn`t expecting seriously,now i have one more request please solve any one case from past paper or any case by your own (but do mention it),according to the desired pattern then only i get an idea....headings alone couldn`t help me, i don`t know what to write in each heading to be more clear i need a sample so that i can study and prepare notes accordingly....
i have 5 books :
1: cheema
2: shukla
3: m.c khuchhel
4: I.R.Hashmi
5: luqman baiq
are these books useful for the cases or do i need to buy some other book for case study as i didn`t find the pattern you have mentioned above,in these books...

h3llllooooooo..em waiting 4 da reply.if yu dont want to explain any case n dont have much time so just explain me in few words what to write in each heading u have mentioned above..
i ll be thankful to yu

@princessofhearts17


Can you allow me to post the examples 3 days before the M.Law paper? At present I don't have illustrations handy to post here. I will try to arrange before the paper becuase I have 6 days gape for that paper. I am sure I can arrange for the support of the members.


For books:
1: cheema
2: shukla
3: m.c khuchhel
4: I.R.Hashmi
5: luqman baiq


All the books are good enough. I rely on M.C. Shukla, Gogna, and Luqman Baig.
But Cheema is very popular in candidates. I have not gone through it because of the lack of time.

__________________
"Tumhary nafs ki qeemat Janat hay isy Janat say kam qeemat pey na bechna."
"Jiyo to istarh ky log tum sy milny ko tarsy; maro to istrah k log tumharee mot par royain"

HI RAZ
of which paper are you talking about..?? i vll appear in 2010, i really didnt get your post..do u want to reply 3 dayz before that paper if yes then it vll be tooooo late ..is there any other way to get a quick reply

(Later)


ok sorryy... i saw the date sheet of 2009 examz n completely got your msg..best of luck for your paper n do share your experience

Keeping my word: See these samples for guidance.



Statement of Case:*An action of breach of contract involving a radar components supplier against a radar supplier to the military for payment due upon the second subcontract.

*An action of coercion and breach of contract involving a radar supplier to the military against a radar components supplier for damages to the aggregate of the price increases under the first subcontract on the ground of economic duress.

Facts: (DURING VIETNAM)

Loral got a contract to make some radar stuff for the Navy. They subcontracted to Austin to produce about half of some required precision gear components. When they got another Navy contract, Austin bid again and wanted to make all the components. Loral refused and said they would only be able to produce the components that they had the low bid on. Austin threatened to stop delivery on the components under the original subcontract unless they got to make all 40 components in the new contract and get a substantially higher price for all the past and present components. Loral looked for another supplier, but was eventually forced to acede to Austin’s demands because otherwise they wouldn’t have been able to meet the Navy’s deadline. Austin sued Loral to recover money still due on the second subcontract, but Loral also sued Austin for the amount of the price increases, claimed they were exacted illegally under duress and shouldn’t be enforced. The lower courts found for Austin, and Loral appealed to the Court of Appeals of New York.

Procedure:
The two actions were consolidated and, following a trial, the components supplier was awarded the sum it requested and the supplier to the military’s complaint was dismissed on the ground that it was not shown that “it could not have obtained the items in question from other sources in time to meet its commitment to the Navy under the first contract.” On appeal, they found that there was no disagreement of the facts, and that there were no serious questions of law. The difficulty lies in the application of the law to these facts.

Issue:
Whether a party is permitted to hold the other party to the terms of the original agreement in times of economic duress?

Holding:
No, The record demonstrates that the military supplier agreed to the price increases in consequence of the economic duress employed by the component supplier and that there were no reasonable alternatives, so they were forced to stay with that supplier!

Reasoning (Rules):
*Why doesn’t the court talk about 2-209?

Rule: “A contract is voidable on the ground of duress when it is established that the party making the claim was forced to agree to it by means of a wrongful threat precluding the exercise of his free will.”

The court finds that what happened to Loral is a “classic case” of economic duress. Austin’s actions left Loral with no choice because its government contract was so big and important.

The court feels that Loral met its burden of showing that it couldn’t get the parts from another vendor. The court also feels Loral wasn’t wrong in waiting to sue until after the last delivery from Austin because they feared reprisals.

The dissent argues that this is not a question of law but a question of fact and the factfinder should be given more deference. Furthermore, the dissent says that there was a factual issue as to whether there were alternative suppliers that Loral hadn’t used before. Also, Loral stated that they were rushing to close down the plant for vacation time.

Economic Duress Elements:
1) The threat to withhold needed goods, unless…..

2) The defendant’s threat was made in bad faith.

3) No other practical alternatives for the plaintiff to obtain the goods from another source w/in a reasonable time.

4) The plaintiff’s remedy at law would not be adequate. (IN this case, Loral could have sued but they would have still had to obtain the gears elsewhere).

Disposition:
The order was modified with costs, and the military supplier’s claim was reversed in their favor.

__________________
"Tumhary nafs ki qeemat Janat hay isy Janat say kam qeemat pey na bechna."
"Jiyo to istarh ky log tum sy milny ko tarsy; maro to istrah k log tumharee mot par royain"