Question:medium

Ramu applied for the post of Director in an organization. The governing body of the organization passed a resolution appointing him to the post. After the meeting, one of the members of the governing body informed him privately of the resolution. Subsequently, the resolution was rescinded. Ramu claims damages. Which one of the following is the correct legal proposition in the case?

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Ask who told Ramu, and whether that person had any authority to speak for the governing body. Acceptance that is never properly communicated forms no contract.
Updated On: Jul 17, 2026
  • Ramu cannot claim damages as he had not resigned from his existing post in anticipation of getting the appointment letter
  • Ramu cannot claim damages as there was no formal communication
  • Ramu can claim damages as governing body cannot rescind the resolution once passed
  • Ramu can claim damages as there was private communication
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The Correct Option is B

Solution and Explanation

Work backwards from the remedy. Ramu is asking for damages. Damages for what? For breach of contract. So the real question is whether a contract ever existed between Ramu and the organization. Break the transaction into its parts: Ramu's application is the offer, and the governing body's resolution is the intended acceptance. A contract needs the acceptance to travel from the accepting party back to the offeror through a proper channel. That last link is missing here.

  1. Ramu cannot claim damages as he had not resigned from his existing post in anticipation of getting the appointment letter: This option measures the case by the loss Ramu suffered. That is the wrong yardstick. In contract law you first ask whether an agreement exists, and only then ask what loss flowed from breaking it. Ramu's claim collapses at the first stage, so his resignation or non-resignation changes nothing.
  2. Ramu cannot claim damages as there was no formal communication: This puts the finger on the actual defect. The body decided in a meeting but never sent the decision out through anyone authorised to send it. An unaccepted, uncommunicated decision binds nobody. So the organization was still free to rescind, and Ramu has no contract to sue on.
  3. Ramu can claim damages as governing body cannot rescind the resolution once passed: A body's internal resolution is a record of what it decided, not a promise handed to an outsider. Bodies revise their own resolutions all the time. Nothing stops a governing body from rescinding a decision it has not yet acted upon or conveyed.
  4. Ramu can claim damages as there was private communication: This treats the gossip from one member as if it were the organization speaking. One member of a body has no power to speak for the whole body unless the body authorises him. A private tip-off is exactly the sort of communication the law refuses to recognise.

So option (B) is the correct legal proposition. This is the same result the English courts reached in Powell v. Lee, where a man selected as headmaster by the managers was told privately by one manager, the selection was later cancelled, and his claim failed for want of authorised communication of acceptance.

Let's summarize:

  • An acceptance takes effect only when communicated by the acceptor or by a person authorised by him.
  • An internal resolution can be rescinded freely until it has been properly communicated.
  • No contract means no breach, and no breach means no damages, whatever the applicant may have lost.

Ramu's suit fails because there was no formal communication of the appointment, which makes option (B) the answer.

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