BJS Preparation Series-The Contract Act, 1872(Problem Solving, Topic: Acceptance)
BJS Exam (Preliminary, Written, Viva) Preparation Series Question: ‘P’ applied for the principalship of a local college and the Governing Body of the college passed a resolution appointing him. The appointment was not formally communicated to him but one of the members privately told him of his selection after the meeting. The resolution was subsequently rescinded. ‘P’ claimed the post of principal. Will ‘P’ succeed? Give reasons in support of your answer and also refer case-law, if any, on the point. Answer: No, ‘P’ will not succeed in this case- Powell v. Lee , (1908) 24 TLR 606. Reasons: The facts of this problem is similar to the famous case of Powell v. Lee . In this case the plaintiff applied for the post of headmaster-ship of a school and the Board of Managers of the school passed a resolution selecting him for the post. One of the managers acting in his individual capacity, informed the plaintiff what had occurred in the meeting. In the next meeting the resolution of t...