recruitment Flashcards
(46 cards)
1
Q
indemnity
A
124
2
Q
guarantee
A
126
3
Q
contracts defined
A
2(h)
4
Q
2(e)
A
agreement
5
Q
2(b)
A
promise
6
Q
valid contract
A
free consent
parties competent to contract
lawful consideration
lawful object not declared to be void
7
Q
proposal defined
A
2(a)
8
Q
agreement without consideration is void
A
sec 25
9
Q
competent
A
sec 10, sec 11 (who is competent - age of majority + sound mind), sec 12
10
Q
undue influence
A
sec 16
11
Q
fraud
A
sec 17
12
Q
when does fraud happen
A
- suggestion believing it not to be true
- active concealment
- promising without the intention of performing jt
4.
13
Q
when silence amounts to fraud
A
- utmost good faith (uberrima fide)
- silence equivalent to speech
14
Q
when silence amounts to fraud
A
- utmost good faith (uberrima fide)
- silence equivalent to speech
15
Q
when coercion
A
- threatening to do act forbidden by ipc
- threatening to detain property
16
Q
misrepresentation
A
sec 18
17
Q
misrep
A
- innocent misrep
- misleading misrep
- suppression of vital facts
18
Q
consent
A
sec 13
19
Q
unlawful agreement
A
- forbidden by law
- defeat provisions of any law
3 fraudulent - involves or implies injury to the person or property
- immoral or opposed to public party
20
Q
discharge of contracts
A
peformance
breach
impossible
agreement
21
Q
situations of impossibility
A
- destruction of subject matter
- law
- war
22
Q
damages
A
73 to 75
23
Q
indemnity section
A
124
24
Q
indemnity
A
promise to save one from loss caused by the act of promisor or third person
25
right of indemnity holder
sums, costs and damages that he may be made to pay in a suit
26
guarantee section
126
27
parties
surety, creditor, principal debtor
28
consideration in guarantee
anything done for the principal debtor
29
suretys liability
co extensive with that of the principal debtor
30
when guarantee invalid
misrep, concealment
31
essentials of a guarantee
three parties
liability enforceable by law
32
discharge of surety
1. continuing guarantee - any time
2. detah of surety
3. variance
4. loss of security by the creditor
33
bailment bailor bailee defined section
148
34
essentials of bailment
delivery of possession, specific purpose, goods to be returned or disposed off
35
types of bailment
gratituous, use, reward, safe custody, mutual benefit, pleadge. finding of lost goods
36
bailors duty
disclose, repayment of expenses
37
duty of bailee
no unauthorised use
return
care
38
pledge
sec 172
39
section 5 of arb act
no judicial intervention
40
section 9 of arb act
interim measures from court
41
section 9 of arb act
interim measures from court
42
sec 11
appt of arb
43
section 34
setting aside - public policy fraud misrep corruption fundamental procedural unfairness
44
contract in restraint of marriage void
26
45
contract in restraint of trade
27
46
void agreements
marriage
trade
unlawful
legal proceedings
wagers
