Here we have a case study of a girl Zainab who goes to a hair dresser Curly

Girly for straighten her hair as well as streaking with a hair style. Therefore, they offered
the following services to Zainab
1. They are the best chain in the world.
2. They can straighten all kinds of difficult curly hair.
. !treaking is their s"ecialty,
#. They will try to cure Zainab$s oily scal" "roble%.
Zainab agreed to have her straighten hair with streaking and a hair style for her %arriage
for &s.'(((.
After the Hair do
Zainab was not satisfied with their services as she found the following
issues.
1. Curly Girly clai%ed of being best chain in world, which later on "roved false.
2. The hair dresser faced difficulty during straightening of hair, which they
"reviously clai%ed to be ca"able of.
. They failed in streaking, which they clai%ed to be the s"ecialists in.
#. They failed in treating her oily scal" "roble%.


Zainab was very %uch furious after finding all this and decided to take a legal action
against Curly Girly.
The first question to solve: whether the contract between Zainab and Curly Girly
was a valid contract???
)t first *$ll define the contract according to contract act 1+,2.
!ec 2-H. of contract act defines /an agree%ent enforceable by law is a contract0
Contract has two ele%ents 1. )gree%ent and 2. 1nforceability by law
Agreement:
!ec 2-e. of the contract act defines an agree%ent as, /1very "ro%ise and
every set of "ro%ises, for%ing consideration for each other, is an agree%ent.
Enforceability:
)n agree%ent is enforceable when it is recogni2ed by court.

3esides the above there are so%e essentials of the contract. )s given below.

ffer:
!ection 2-). defines offer as /when one "erson signifies to another his
willingness to do or to abstain fro% doing anything, with a view to obtaining the assent of
that other to such act or abstinence, he is said to %ake an offer0
Acce!tance:
!ec 2-3. defines acce"tance is /when the "erson to who% the "ro"osal is %ade
signifies his assent thereto, the "ro"osal is said to be acce"ted, a "ro"osal when acce"ted
beco%es a "ro%ise0
"egal intention:
*t is also necessary that the agree%ent should be %ade with legal
intonation, it %eans that one of the% not fulfill his "art of "ro%ise he will be label for
breach of contract. *t is "resu%es in all co%%ercial agree%ent that "arties intend to
create legal relations.
"awful Consideration:
)n agree%ent without consideration is void. 4hen at the desire of the "ro%isor,
the "ro%isee or any other "erson has done or abstain fro% doing, or does or abstains fro%
doing, or "ro%ises to do or abstain fro% doing so%ething, such act or abstinence or
"ro%ise is called consideration for the "ro%ise.
3esides the above there are so%e other essentials of a valid contract like, ca"acity of
"arties, free consent, lawful ob5ect, certainty of ter%s, and "ossibilities of "erfor%ance.

#olution of the Case:
)ccording to the above illustrations and other ter%s of 3usiness 6aw its been
stated that the contract between Zainab and Curly Girly is a valid contract because7
1. There is an offer %ade by Curly Girly to avail their services.
2. offer is acce"ted by Zainab
!o this contract has all the essential ele%ents of a contract and this is a valid contract
between both of the%. Here Curly Girly offered the services and Zainab acce"ted it under
the stated conditions. )n other essential of contract is consideration, and here Curly Girly
offer services which is consideration for Zainab, and Zainab offer &u"ees ',((( which is
consideration for Curly Girly, and the legal intention is also there because here is "ure
serviced based business contract, and in business contracts there is "resu%"tion that the
"arties are intend to create legal relations. 3esides these nearly all the essentials of the
valid contract is fulfilled, so we can say that yes there is a valid contract between Zainab
and Curly Girly.
$uestion %o & is about 'do the statement made by Curly Girly amount to
misre!resentation?
3efore e8"laining these "oints * would like to "resent a brief view of
%isre"resentation and fraud because we are facing both of these cases in this case.
9isre"resentation is a state%ent of fact %ade by offeror, who believes it to be true and is
not intended to deceive the offeree. The state%ent result to be untrue which causes the
other "arty to have a loss.
(y re!ly to the !roblem:
*n this case )s the Curly Girly, has %ade so%e "roble%atic state%ents, with no
intention to deceive the offeree.
)ll the features and :ualities that attached which he service resulted into none at
all. ;ollowings the e8"lanation of each state%ent %ade by hi%
!ayings that they are the best chain in the world is an un<true state%ent
1. =ro%ising that they can straighten all kinds of difficulties, is another untrue state%ent.
2. since "erfection is i%"ossible in such kinds of services
. !traightening streaking is there s"ecialty
!ince the hair dresser "roved she inca"able of having the s"ecialty as clai%ed by hi%
"reviously therefore it a%ounts to be an true state%ent
#. !i%ilarly the treat%ent for the oily scal" "roble% did nothing as "ro%ised by the
offeror. >ff course he gave the li:uid but it did not "rovide any satisfaction to her.
*n light of the above state%ents it is evident that the state%ents %ade by the offeror
"urely a%ount to be a %isre"resentation.