sections Flashcards
section about offer / proposal - when a person signifies to other the willingness to do something or abstain from doing somethibg in order to OBTAIN ASSENT
sec 2a
what is sec 2b
when a person to whom a proposal is made, signifies assent- AKA ACCEPTANCE - and then proposal becomes promise
which subsection of section 2 mentions consideration
section 2d
sec 2h, 2g
2gAn agreement not enforceable by law is said to be void;
2(h) An agreement enforceable by law is a contract
first mention of viodeable contract
sec2i -
enforceable at option of 1+ parties but not enforceable at option of another
what are some agreements unenforceable
Agreements without consideration except it is written and registered or is a promise to compensate for something done or is a promise to pay a debt barred by limitation law.
Agreements in restraint of marriage
Agreements in restraint of trade
Agreements in restraint of legal proceedings
Agreements void for uncertainty
Agreements by way of wager
Agreements contingent on an impossible event
Agreements to do impossible act
what is the test of contractual intention and is intention to contract mention in ica
The test of contractual intention is objective, not subjective. What mat
ters is not what the parties had in mind, but what a reasonable person
would think, in the circumstances, their intention to be. T
ICA does not mention intention to contract but english law does- merrit v merrit, balfour v balfour
. Acceptance by performing conditions, or receiving consideration
Section 8 - acceptance of consideration= acceptance of proposal
mode of communication according to whch fifoot ?
Eliason v Henshaw
- A offered to buy flour from B requesting that acceptance should be sent
bythe wagon which brought the offer.B sent his acceptance by post, think
ing that this would reach the offeror more speedily. But the letter arrived
after the time of the wagon. A was held to be not bound bythe acceptance
but whqat if it had arrived faster by post? - ? According to Winfield^’ and Cheshire and Fifoot,^” in that case the
offeror would have been bound unless “he had an exclusive preference for
reply by wagon”. A minor departure from the prescribed mode of communi
cation should not upset the fact of acceptance provided that the communica
tion is made in an equally expeditious way,
section that says acceptance must be absolutw
S. 7. Acceptance must be absolute.—In order to convert a proposal into a
promise, the acceptance must—
(1) be absolute and unqualified,
(2) be expressed in some usual and reasonable manner, unless the pro
posal prescribes the manner in which it isto be accepted, ifthe proposal prescribes a manner in which it is to be accepted, and the acceptance is
. not made in such manner, the proposer may, within a reasonable time
after the acceptance is communicated to him, insist that his proposal
shall be accepted in the prescribed manner, and not otherwise; but, if he
fails to do so, he accepts the acceptance.
section 4 of ica on binding of letters
According to the section, when a letter of acceptance is
posted and is out of the power of the acceptor, the proposer becomes bound.
But the acceptor will become bound only when the letter isreceived bythe
proposer.
what article of constitution empowers Govt of india to contract
Under Article 298, 299 of the Indian Constitution, the power of the Union and the State government to carry on any trade or business has been provided.
contracts are made under name of president or governer. under clause 2 of 299 the president and governor cannot be personally held liable
what if govt derives benefit from person by an agreemtn that dpesnt fuflil 299
the Government will be held liable for compensating the other party under Section 70 of the Contract Act and such a contract will be deemed to be a quasi-contract to the extent the Government gets the benefit. This has been provided to protect an innocent party from suffering loss.
Although Section 70 allows the party to recover the benefits provided by it, it does not affect the binding character of Article 299. Under Section 70 a party CANNOT sue for the SPECIFIC PERFORMANCE of the contract and he cannot ask for damages for the breach of contract. Under Section 70, the cause of action is not the breach of contract but instead, it is aimed to avoid the unjust enrichment to any party whether a person or even the Government. So, the claim under section 70 is based on the assumption that the contract is ineffective and thus it does not amount to a contract at all.
what section talks about revocation of acceptance and proposals
s5. Revocation of proposals and acceptances.—A proposal may be revoked at any time before the
communication of its acceptance is complete as against the proposer, but not afterwards.
An acceptance may be revoked at any time before the communication of the acceptance is complete
as against the acceptor, but not afterwards.
section 6
capacity to contract/\?
mohori bibi v dharmodas ghose
section 11
who dont have capacity to contract-minors,
(2) persons of unsound mind, and
(3) persons disqualified by law to which they are subjec
claim for necessities
section 68 - fa person incapable of entering into a contract, or
anyone whom he is legally bound to support, is supplied by another person
with necessaries suited to his condition in life, the person who has furnished
such supplies is entitled to be reimbursed from the property of such incapable
person
Unsound mind section
section 12
section 14
free consent — Consent is said to be free when it is not
caused by:
(1) coercion, as defined in Section 15, or
(2) undue influence, as defined in Section 16, or
(3) fraud, as defined in Section 17, or
(4) misrepresentation, as defined in Section 18, or
(5) mistake, subject to the provisions of Sections 20,21 and 22.
Consent is said to be so caused when it would not have been given but for
the existence of such coercion, undue influence, fraud, misrepresentation or
mistake
