Professional Documents
Culture Documents
English Law
Classifications
Implied Express
19. In commercial & Business Agreements, the intention of parties to create legal relationship is
presumed to exist.
(4) Counter offer – Qualified acceptance to the offer & counter offer amounts to rejection of the
original offer.
(5) Standing / open / continuing offer – An offer which is allowed to remain open over a period
of time.
• Tender for supply of goods is an example of General offer & standing offer.
(4)
Mode of
Acceptance
(5)
Time for
Acceptance
Meaning of Terms
• Offeror – The person who makes the offer.
• Offeree – The person to whom offer is made.
• Promisor – The person who makes the promise.
• Promisee – The person to whom promise is made.
CHAPTER -3 : CONSIDERATION
1. Consideration [Sec 2(d)] – When at the desire of the promissee, the promise or any other person has
done or abstained from doing or, does or abstains from doing or promise to do or to abstain from
doing something. Such an act or abstinence or promise is called consideration for the promise.
Technical word “Quid pro quo” ie., something in return.
2. Legal rules regarding consideration
1. Consideration must move at the desire of the promisor.
2. Consideration may move from the promissee or any other person
3. Executed Consideration Consideration which has been given
4. Executory Consideration Consideration to be moved in future.
5. Consideration may be past, present or future.
6. Consideration should be real & not illusory.
7. Consideration need not be adequate.
8. The performance of an act what one is legally found to perform is not consideration for the
contract.
9. Consideration must not be unlawful immoral or opposed to the public policy.
10. There can be a stranger to a consideration but there cannot be a stranger to a contract.
9.
Alien Enemy
4. Undue influence [Sec.16] – A contract is said to be induced by undue influence where the relation
subsisting between the parties are such that one of the parties is in a position to dominate the will of
another and uses that position of obtain an unfair advantage over the other.
• A person is in a position to dominate the will of another where he holds real or apparent
authority over the other or stands in fiduciary relation to the other.
6. Misrepresentation – Where a person asserts something which is not true though he believe it to be
true.
• A contract induced by Coercion, undue influence, fraud or misrepresentation is voidable.
7. Mistake
Mistake
Contract is Contract is
inseparable separable
Valid Void
4. Wagering Agreement – It is an agreement involving payment of a sum of money upon the
determination of uncertain event.
5. Other Important points
• Compromise of public offence is illegal
• Maintenance - Promotion of litigation in which one has no interest.
• Champerity – It is a bargain whereby one party agrees to assist another in recovering
property, with a view to sharing the profits of litigation.
• All agreements on account of champerity and maintenance are neither void nor valid. Some
of them may be void, some of them are valid.
• An agreement which provides for a reference to arbitration instead of court of law is valid
even if it is in restraint of legal preceding.
But within
reasonable time
Contract becomes voidable
Time is not Late performance
9. at the option of promisee
essential
Reasonable time
expired
Impossibility of
11.
Performance
12. If debt to be discharged is not indicated by the Debtor, then creditor may apply it in discharge of debt
in order of time, whether time barred or not.
13. Novation – Old contract is cancelled & new contract is formed.
14. Recession – Old contract is cancelled, no new contract is formed.
15. Alteration – Changing in the terms of original contract parties must remain same.
16. Remission – To remit or waive off the performance by promise.
17. In case of voidable contract, if aggrieved party rescind the contract, it must return the benefit
received there under.
18. Void Contract / Agreement - Either restore back the advantage received or pay compensation for it.
19. Discharge of contract by
• Actual or attempted performance
• Mutual agreement – Novation, Alternation, Remission, Recession.
• Impossibility of performance.
• Lapse of time eg. Time barred debt.
• Operation of law such as death or insolvency.
• Actual or anticipatory Breach.
20. Where the performance of promise by one party depends upon the prior performance of promise by
the other party, such promises are mutual & dependent.
Anticipatory Breach – Breach of contract before time of performance has arrived ie., before due date of
performance.
5. Remote Damage – Indirect loss from breach of contract. Remote Damages are not recoverable.
6. Damages for deterioration coursed due to delay Deterioration – Not only implies physical
damages to goods but also loss of special opportunity for sale damages can be recovered from carrier
even without notice.
7. Calculation of Damage
• Breach by buyer Damage = Contract Price – Market price in date of Breach.
• Breach by seller Damage = Market price on date of Breach – Contract price
Other points :-
• A contract is not frustrated by commercial impossibility
• In case of anticipatory breach, the aggrieved party may treat the contract
(a) As discharged and bring an immediate action for damages
(b) As operative and wait till the time of performance arrives.
• A party entitled to rescind the contract, loses the remedy where
(a) He has ratified the contract
(b) The third party acquired the right in good faith
(c) Contract is not separable and recession is sought of one part only.
•
Contract
Contingent
An Event
“Happening”
Valid Void
• Contract
Contingent
An event not
“Happening”
QUASI CONTRACT
• Right in rem – Right against the entire world.
• Right in personam – Right against a particular personam.
• Quasi contractual right is a right in personam.
• Quasi contracts are implied by law.
14. Partnership arises by agreement whereas Co-ownership may arise by agreement or operation of law
15. Minor’s position in partnership
• A minor cannot become a partner in a firm, but he can be admitted to the benefits of
partnership with the consent of all partners
• He can access, copy & inspect the accounts of the firm and not books of the firm.
•
On attaining majority or obtaining
knowledge of the fact that he is a partner
in a firm
Within 6 months
Public notice
16. Minor has right to sue partners for accounts for payment of his share but only when severing his
connection with the firm.
6. If any money received on behalf of the firm is misapplied by any partner, then all the partners as well
as firm are liable to third parties.
7. A partner can be expelled from the firm provided:-
a) Power of expulsion existed is a contract between part.
b) Power has been exercised by a big majority of partners &
c) Power has been exercised in good faith which means:-
i. Expulsion must be in the interest of partnership.
ii. Notice is served to the partner.
iii. Opportunity of being heard is given.
Dissolution by court
• Partner becoming of unsound mind.
• Permanent incapacity of a partner
• Misconduct of a partner affecting business.
• Willful or persistent breaches of agreement by a partner
• Transfer or sale of whole interest by a partner
• Improbability of business being carried on save at loss
• On other equitable ground as court satisfies
Consequences of Dissolution
• Partners continue to liable until public notice is given.
• A partner can find the firm for acts done after dissolution of firm which are related to winding up or
to complete unfinished transactions.
• Partners are liable to repay to new partner reasonable amount of premium.