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| What is Law? Promise - When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise. The person making the proposal is called the "promisor and the person accepting the proposal is called the It promise": Consideration - When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such Act or abstinence or promise is called a consideration for the promise. It must move at the desire of the promisor It may move from promisee or any other person It may be act, abstinence, It may be past, present, future Need not be adequate It must be real and not illusory It must not be something which the promisor is already bound to do It must not be illegal / immoral Stranger to the Contract Agreement - Every promise and every set of promises, forming the consideration for each other, is an agreement. Contract - An agreement enforceable by law is a contract. An agreement not enforceable by law is said to be void. Sec 2(h)Contract - An agreement enforceable by law is a contract. Executed contract – Where both the parties have performed their obligations, it is executed contract. Executory Contract - Where neither of the parties have performed their obligations, i.e. both the parties are yet to perform their promises, the contract is executory. Quasi Contract – Certain relations resemble those created by a contract. Certain obligations which are not contracts in fact but are so in contemplation of law are Quasi Contracts. Contingent Contract - It is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. Voidable Contract – A contract is voidable when one of the parties to the contract have not exercised their free consent. Speciality Contract – It is a contract which is in writing, signed, sealed & delivered by the parties. Essential elements of a Valid Contract. 2. Consideration. 3. Capacity of parties to contract. 4. Free Consent. 5. Agreement should not be expressly declared void. 6. Writing & Registration, if so required by law. 7. Legal Relationship. 8. Certainity. 9. Possibility of Performance. 10. Enforceable by law. Proposals : Proposal - When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal. Essentials of Proposal: 1. Beyond expression of willingness, there must be something in the nature of a request. 2. Proposer cannot dictate terms. 3. An offer must be intended to create & capable of creating legal relations. Communication of proposals. The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. Eg - A proposes, by letter, to sell a house to B at a certain price. The communication of the proposal is complete when B receives the letter. Acceptance When one person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. Proposal when accepted becomes promise. The person making the proposal is called the Promisor and person accepting the proposal becomes Promisee. Essentials of Acceptance. 1. Acceptance must be absolute and unqualified. 2. It must be expressed in some usual & reasonable manner. 3. Mental Acceptance is not sufficient in Law. 4. Acceptance must be communicated to the offerer. 5. Acceptance must be by a certain person. 6. Acceptance must be given within a reasonable time. 7. Acceptance must be given before the offer lapses or is revoked or is withdrawn. 8.Acceptance of proposal is acceptance of all terms. Communication of an acceptance The communication of an acceptance is complete, - as against the proposer, when it is put in a course of transmission to him, so as to be out of the power of the acceptor; as against the acceptor, when it comes to the, knowledge, of the proposer. Eg : B accepts A's proposal by a letter sent by post. The communication of the acceptance is complete, as against A when the letter is posted as against B, when the letter is received by A. Capacity of parties to Contract. An agreement becomes a contract if it is entered between the parties who are competent to Contract. Every person is Competent to contract 1. Who is of the age of majority according to the law. 2. Who is of sound mind. 3. Who is not disqualified by any law. Monor’s Contract Void-ab-initio Cant rectified by minor on Majority Cant asked to refund benefit nNo Estoppels to plead minority Partner for benefit in firm Minor’s Estate liable for necessaries of life Parents/Guardian not responsible Agent/ Not Bankrupt Free Consent "Free consent" - Consent is said to be free when it is not caused by – 1) coercion, 2) undue influence 3) fraud, 4) misrepresentation, 5) mistake. 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. Coercion Coercion is the committing, or threatening to commit, any act forbidden by the Indian Penal Code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. Eg - A, on board an English ship on the high seas, causes B to enter into an agreement by an act amounting to criminal intimidation under the Indian Penal Code. Undue influence A contract is said to be induced by "undue influence” where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. Fraud "Fraud" means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto of his agent, or to induce him to enter into the contract – 1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2) The active concealment of a fact by one having knowledge or belief of the fact. 3) A promise made without any intention of performing. 4) Any other act fitted to deceive; 5) Any such act or omission as the law specially declares to be fraudulent. Misrepresentation 1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true. 2) any breach, of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him, by misleading another to his prejudice or to the prejudice of any one claiming under him. 3) causing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement. any question ask! contact us myrogation@gmail.com
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