This action might not be possible to undo. Are you sure you want to continue?
On the basis of : 2. Enforceability 3. Mode of creation 4. Extent of execution 5. English law
: “an agreement not enforceable by law is said to be void” Void ab-initio Absence of one or more essential elements of valid contract but ‘free consent ‘ Agreements expressly declared void
Sec.65 calls for restitution of benefits received from void contract
When ? Restitution is allowed in the following circumstances 1.Minor committing fraud by misrepresenting his age 3.In case of valid contracts .Agreement caused by bilateral mistake of essential facts 2.
Unenforceable contract Which cannot be enforced in the court of law because of : b) Technical Defects: Absence of writing c) The remedy has been barred by Lapse of Time * in the event of repudiation of such contract. the aggrieved party wil not be entitled to legal remedies .
Illegal agreements Which policy Is forbidden by law Criminal in nature Fraudulent Immoral Involves or implies injury to the person or property of another transgress some rules of basic public .
What can Anil do !!!! . Later Vijay refused to pay the money ….CASE My dear friend Vijay borrows Rs.50000 from Anil and enters into a agreement with Lashkar e Taiba to import 20 ‘A K -47 ‘ Anil knows the purpose of loan .
An illegal agreement even taints the collateral agreements with illegality . .
Classification according to Formation/Mode of Creation EXPRESSED IMPLIED QUASI .
.EXPRESS CONTRACT If the terms of the contract are expressly agreed upon (whether by words spoken or written )at the time of formation of contract Sec(9):where the offer and acceptance of any promise is made in words.the promise is said to be express.
IMPLIED CONTRACT SEC(9):where the proposal or acceptance of any promise is made otherwise than in words. the promise is said to be implied implied contract is one which is inferred from the acts or conducts of the parties or course of dealings between them An .
Getting into bus Takes a meal in the restaurant Coolie .
“A person should not be allowed to enrich himself unjustly at the expenses of another”. Expressed or implied between the parties but the law infers or recognizes a contract under certain special circumstances It is the contract created by law It imposes a legal obligation on a party who is required to perform it. .Quasi/constructive Contract These contracts does not arise by the virtue of any agreement.
.Sabhilash a big businessman in vizag ...CASE:1 Mr.who consumes them….Adi. Will Adi pay for the goods ? .supplies goods to his customer Mr.
Case2: In the above case Sabhilash’s partner Mr.Ravi mistaking Ravi for Adi… Do ravi need to pay for the goods consumed? .Raju delivers the goods to Mr.
Classification according to Performance /Extent of execution CONTRACT EXECUTED EXECUTORY .
EXECUTED CONTRACT Contract where both the parties have completely performed their respective Obligations .
Rambabu a brave man catches Gabbar singh and hands him over to police ….CASE Gabbar singh is a renowned dacoit in Prakasham dist.govt has announced a cash prize of Rs.50. Is the contract said to be executed ? . Mr.000 to a person who catches him live of dead .
EXECUTORY CONTRACT Contract in which both the obligations are Outstanding. .
Partly executed and Partly executory .
Contract Unilateral Bilateral .
UNILATERAL CONTRACT Contract where only one obligation remains outstanding. the other obligation having being performed at the time of or before the formation of the contract .
Bilateral Contract At the time of formation of contract the obligation on the part of both the parties to the contract are outstanding .
CLASSIFICATION OF CONTRACT IN ENGLISH LAW CONTRACT FORMAL SIMPLE .
FORMALCONTRACT CONTRACTS OF RECORDS CONTRACTS UNDER SEAL .
Contracts of Records A contract of record is either a judgment of court or Recognizance .
Recognisance: It is a written acknowledgement of debt due to the Crown.It is usually met with in connection with criminal proceedings .
They lack the essential element consensus. They are enforced by court . Contracts of records derive their binding force from the authority of the court.
. It is in writing and is signed.Contracts Under seal It derives its binding force from its form alone. It is also called as deed or specialty contracts.sealed and delivered by the parties.
Conveyance in legal estate of land or any interest in land .including leases of land for more than 3 years . Contracts made without consideration 3. Contract made by corporations 4. 5. A transfer of a british ship or any share therein . includes 2.Contracts under seal Contracts which must be made under seal .
Simple contracts All contracts which are not made under seal are simple contracts All contracts under Indian law must be supported by consideration .
OFFER AND ACCEPTANCE Offer : definite Acceptance : unconditional .
.What ? Sec2(a):A person is said to have made a proposal when he “signifies to another his willingness to do or to abstain from doing anything. with a view to obtaining his assent of that other to such act or abstinence”.
. he is called the acceptor or Promisee .Sec2(c):when the offeree accepts the offer.
SPECIFIC 4.IMPLIED 3.HOW? 1.GENERAL .EXPRESS 2.
.I DON’T BELIVE IN REPEATING……PLEASE USE YOUR BRAIN AND ANSWER .EXPESS OFFER My Dear intelligent students ….
I DON’T BELIVE IN REPEATING……PLEASE USE YOUR BRAIN AND ANSWER ALSO GIVE EXAMPLES … ..IMPLIED OFFER My Dear intelligent students ….
it can be accepted only by that person to whome it is made .SPECIFIC OFFER: Offer made to a definite person.
Ex: Sach ka samna Ex: Information about thief's Ex: finding lost goods/things *acceptance can be made only by the first person who gives the information .GENERAL OFFER When the offer is made to the world at large.
2. Intention to be bound by it View to obtain the assent of offeree Definiteness Communication to offeree . 3.What constitutes an offer 1. 4.
Legal rules as to offer A valid offer must be in conformity with the following rules: 1.An offer must be ‘express’ or implied .
Implied or Express 1.A shoe shiner starts to shine some one’s shoes without being asked to do so .50000 2.A says to B that he is willing to sell his house to him for Rs.APSRTC runs different buses in different routs 3.
An offer must contemplate to give rise to legal consequences and be capable of creating legal relationship .2.
.Valid offer or not A promised to his wife that he will take her to a movie every Friday B invited his friend C for dinner A offers to sell his mobile(6600) to C for Rs.5000.
unambiguous and certain and not loose and vague. .The terms of offer must be definite.3.
case 1. A an owner of 3 cars says to B. B says to C that sell me your Car I will give you amount that I can afford. . “ I will sell you my car”. 2. X purchased a horse from y and promised to buy another if the first one proves lucky. 3.
An invitation to offer is not an offer .