The document discusses two legal cases regarding contracts in India.
The first case discusses a contract between Raghav and Arun where Arun offered land to Raghav in exchange for Raghav permanently closing his shop. The document analyzes this contract under Section 27 of the Indian Contract Act of 1872 and determines that the contract is invalid as it restrains a person's trade.
The second case discusses a contract between Puneet and Vivek where Puneet was required to deliver furniture by a specified date, with fines for delays. The document analyzes this contract under Section 64 which defines breach of contract. It determines that since Puneet delivered on time, there was no breach or issue with the validity of
The document discusses two legal cases regarding contracts in India.
The first case discusses a contract between Raghav and Arun where Arun offered land to Raghav in exchange for Raghav permanently closing his shop. The document analyzes this contract under Section 27 of the Indian Contract Act of 1872 and determines that the contract is invalid as it restrains a person's trade.
The second case discusses a contract between Puneet and Vivek where Puneet was required to deliver furniture by a specified date, with fines for delays. The document analyzes this contract under Section 64 which defines breach of contract. It determines that since Puneet delivered on time, there was no breach or issue with the validity of
The document discusses two legal cases regarding contracts in India.
The first case discusses a contract between Raghav and Arun where Arun offered land to Raghav in exchange for Raghav permanently closing his shop. The document analyzes this contract under Section 27 of the Indian Contract Act of 1872 and determines that the contract is invalid as it restrains a person's trade.
The second case discusses a contract between Puneet and Vivek where Puneet was required to deliver furniture by a specified date, with fines for delays. The document analyzes this contract under Section 64 which defines breach of contract. It determines that since Puneet delivered on time, there was no breach or issue with the validity of
QUESTION AT HAND: Whether the agreement between Raghav and arjun works? RESOLUTION: In terms of section 27 of the contract act of India, 1872, Always an agreement that prohibits anyone from using legal activity, trading or business of any kind thus nothing. CONSULTATION: Arun offered Raghav to give him 20 hectares of agricultural land if Raghav agrees to permanently close his shop. In term of section 27 of Indian contract act, 1872, even if both parties agree on the contract is in retrain of trade, that contract will not be valid. Now, this rule has something different: 1.SALE OF GOODWILL: It means that the seller of business interest can agree with the consumer to shop managing the same business. Now, the current case does not fall into the category of interest sales because it just a bakery, there was nothing special about it. So this exception does not apply here. 2. THE PARTENERSHIP ACT: In terms of section 11 of the partnership act, 1932 partners during the continuation of the firm to limit one of them will do any business other than that of the company. Since, there was not a partnership between arun and Raghav, this difference is not the case apply here. Article 21 of India’s constitution guarantees “the right to life and liberty freedom” and this is a fundamental right. Everyone is free to be do any work and trade and no one can take this for granted without any law made for the public. JUDGEMENT: By decision and consideration, this contract between arun and Raghav are empty at first.
Question 2: - THE FACTS OF THE CASE: Puneet made
an agreement with Vivek to supply furniture. He was required to deliver the furniture on 30 September 2019. According to the contract agreement, it was clarified that if delayed Puneet would be charged in Rands. 1000 per day as payment. The question of the Law was involved that this contract is valid in terms of the Indian Contract Act 1872 where Vivek is obliged to perform his duties within a specified period? PROVISION OF ACT: Section 64 of the Indian Contract Act, 1872 defines the definition of “Contract Violation” In this particular category, there are two types of Contract Violations but the case provided includes the “Annotation Breach of Contract” referred to in Section 39 of the Indian Contract Act, 1872. ANALYSIS: In terms of Section 39 of the Indian contract act, 1872 in the event of a contract breach prior to the specified time to do so it shall be called the anticipatory breach prior to the specified time to do so it shall be called the anticipatory breach of contract. In this case, there will be two options in the hands of the party that has not yet received its consideration. 1. The aggrieved party may treat the contract as revoked and sue the other party. 2. The party may choose not to cancel the contract and arrange another contract for the future. CONCLUSION/JUDGEMENT: In the given case, Puneet entered into an agreement in which he was to deliver the furniture to Vivek within the stipulated time. Puneet and Vivek formed an agreement in which they had to pay a fine in the event of a breach of contract. Based on the case presented, it is very clear that Puneet delivered the goods before 30 September 2019. Therefore, he has done his part in Vivek again so that we can say that no contract violations have taken place. Therefore, in terms of Section 64 of the Indian Contract Act, 1872 which specifies contract violations it is very clear that this is not a breach of contract. Both parties have fulfilled their part of the obligation to each other. Therefore, it can be concluded that the contract provided is valid.