Preliminary
What was the law of contracts prior to the passing of the Indian Contract Act, 1872? Whether the Act is exhaustive? What is the law in case of foreign contract?
An agreement is a legally binding contract. It means that a legally binding contract must be enforceable by law. Any agreement that is not enforceable by law is considered void and has no legal consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no legal significance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An agreement may be void for the reason that it violates public policy or because the aim of an agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
An agreement not enforceable by law is said to be void.” Discuss
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
Discuss that a contract creates mutual obligations
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
Electronic contracts
What are the challenges posed by electronic contracts?
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
Write short note on electronic signature.
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
Communication, Acceptance and 3 Revocation of Proposals
“The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.” Discuss.
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
Capacity to Contract
When can a minor sue the partners for accounts of the firm?
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
Discuss the law relating to contract by the following— (a) A person of unsound mind; (b) A drunkard person.
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
Distinguish between executed and executory consideration
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
What is the difference between English and Indian Law on the issue of validity of contract by minor?
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
Consent in Relation to Contract
Summarize the provisions of the Indian Contract Act relating to mistakes of facts and of laws. What is their effect on the contracts?
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
Void Agreement
Are the following wagering contracts? (a) Speculative contracts; (b) Pakki and katchi arhat dealings; (c) Teji-mandi transactions; (d) Insurance contracts; (e) Lottery.
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
Performance of Contract
What is the principle of the privity of contract? Or “A person cannot acquire rights under a contract to which he is not a party.” Discuss.
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
“The parties to a contract, in a sense, make the law for themselves.” Discuss.
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
What are the rights of the parties to a contract when— (a) The time is the essence of the contract; and (b) The time is not the essence of the contract.
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
Explain the rules relating to appropriation of payments between debtor and creditor.
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
Remedies for Breach of Contract
When the higher rate of interest is termed as a penalty? Explain and illustrate.
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)
Specific relief act
What do you mean by the terms “relief” “equitable relief”? Briefl y discuss the modes of equitable relief.
An agreement is a legally binding contract. It means that a legally binding contract must be
enforceable by law. Any agreement that is not enforceable by law is considered void and has no
lega consequences. In other words, such an agreement is not a contract at all.
Examples—A void agreement is not enforceable at the option of either party. It has no lega
signifi cance from the beginning. No contract comes out from a void agreement.
There are numerous reasons why an agreement may not be enforceable by law. An
agreement may be void for the reason that it violates public policy or because the aim of an
agreement is to print counterfeit currency. Similarly, an agreement is not legally binding, if entered
into with an insane person. The contract entered by the minor is also not enforceable under law.
The other examples of agreements, which are not enforceable by law, include the following—
- Agreement without consideration (S 25)
- Agreement in restraint of marriage (S 26)
- Agreement in restraint of trade (S 27)
- Agreement in restraint of lega
- proceedings (S 28)
- Agreement void for uncertainty (S 29)
- Agreement by way of wager (S 30)
- Agreement contingent on impossible events (S 36)