IBA Workshop - DAY1

“CONTRACT
MANAGEMENT”
By RAHAT AZIZ
IBA - CEE
WORKSHOP SCHEDULE
ON
CONTRACT MANAGEMENT
DAY - 1
SESSION TIMINGS TOPICS
START 9:00 - 09:30 AM REG./INTRODUCTION
SESSION 1 9:30 - 11-00 AM CREATION OF CONTRACT
(LEGAL ASPECT)
*Annexures Attached
TEA & PHOTO-SESSION 11:00 - 11:30 AM
DISCHARGEMENT OF
SESSION 2 11:30 – 01:30 PM CONTRACT
(LEGAL ASPECT)
*Annexures Attached
LUNCH & PRAYER 01:30 – 02-30 PM

SESSION 3 02:30 – 03:30 PM SPECIALIZED CONTRACT
SPECIAL SESSION 03:45 -04:45 PM FINANCIAL RISK
(BY TAHIR SARTAJ) *Annexures Attached
Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

IBA - CEE
WORKSHOP SCHEDULE
ON
CONTRACT MANAGEMENT
DAY - 2
SESSION TIMINGS TOPICS
SESSION 4 9:00 – 11:00 AM SPECIALIZED CONTRACT
(CONTINUED)
*Annexures Attached
TEA BREAK 11:00 - 11:30 AM
SESSION 5 11:30 – 01:30 PM SGA 1930 + TERMS OF

CONTRACT
*Annexures Attached
LUNCH & PRAYER 01:30 – 02-30 PM
SESSION 3 02:30 – 03:30 PM TERMS (CONTINUED)
SPECIAL SESSION 03:45 -04:45 PM ENFORCEMENT ASPECT

(BY JUSTICE (R) SHAHID
ANWER BAJWA) *Annexures Attached

SURAT AL-BAQARAH 2:282
“O you who have believed, when you contract a debt for a specific term, write
it down. And let a scribe write [it] between you in justice. Let no scribe refuse
to write as Allah has taught him. So let him write and let the one who has the
obligation dictate. And let him fear Allah, his Lord, and not leave anything
out of it. But if the one who has the obligation is of limited understanding or
weak or unable to dictate himself, then let his guardian dictate in justice.
And bring to witness two witnesses from among your men. And if there are
not two men [available], then a man and two women from those whom you
accept as witnesses – so that if one of the women errs, then the other can
remind her. And let not the witnesses refuse when they are called upon. And
do not be [too] weary to write it, whether it is small or large, for its [specified]
term. That is more just in the sight of Allah and stronger as evidence and
more likely to prevent doubt between you, except when it is an immediate
transaction which you conduct among yourselves. For [then] there is no
blame upon you if you do not write it. And take witnesses when you conclude
a contract. Let no scribe be harmed or any witness. For if you do so, indeed, it
is [grave] disobedience in you. And fear Allah. And Allah teaches you. And
Allah is knowing of all things.”
CONTRACT ACT
1872

CREATION OF CONTRACT
DEFINITION:
‘An agreement enforceable by law is a contract.’
Contract = Agreement + Enforceability
Capacity S.11
Promise S.2(b)
Consent S.13
Consideration
Lawful Object S.24
Ss.2c/25
Writing & Registration
Classification of contract on the basis:

Expressed
(a) Creation S.9 Implied Contingent Contracts S.31
Executed Quasi Contracts S.68-72

(b) Execution S.10 Executory
Valid S.2 (h)

(c) Enforceability S2(g) Void S.24
Voidable S.2(i) 23
PROMISE/AGREEMENT
PROMISE = OFFER + ACCEPTANCE
LEGAL RULES REGARDING A VALID OFFER LEGAL RULES REGARDING ACCEPTANCE
-An offer may be expressed or implied. -Acceptance must be given only by a person
to whom offer is made
- Terms of the offer must be certain and - Acceptance must be absolute and
not loose or vague. unqualified
- An invitation to offer is not an offer. - Acceptance must be expressed in some

usual and reasonable manner, unless the
- An offer may be Specific or General. proposal prescribes the manner in which it
is to be accepted
- An offer should not contain any such term,
non-compliance of which would amount to
acceptance.
Note: two identical cross offers do not make a contract

Nature of Consideration:

Goods: Deals in Sale of Goods Act, 1930.

Goods: Definition:
“Means every kind of moveable property other

than actionable claims and money; and includes
electricity, water, gas, stock and shares, growing
corps, grass and things attached to or forming
part of the land which are agreed to be severed
before sale or under the contract of sale”

Electricity Electricity Act, 1910.
Water WAPDA Act, 1958. (PEPCO + NEPRA)
Gas

Stock & shares: Securities & Exchange Ordinance, 1969
Companies Ordinance, 1984.
Actionable claims: Contract Act, 1872.
Property: (Immovable Property) The Transfer of

Property Act, 1882
Services: Contract Act, 1872
(All professionals have their associations
and are bound by their statutes and by laws, like
for Doctors: Pakistan Medical Association for
Engineers: Pakistan Engineering Council).

TRIPS: Trade related intellectual
properties.
Copy Right: The Copy Right Ordinance,
1962.
Trade Mark: The Trade Marks Ordinance,
2001.
Patents: The Patents Ordinance, 2000.
Registered Design: Registered Design Ordinance,
2000.

LOANS: Banking Companies Ordinance, 1962
Prudential Regulations.
(Agricultural Financing, Corporate
Commercial Banking, SMEs Financing,
Consumer Financing Micro Finance Banks)
NBFC Rules 2007 – Leasing Co.

CAPACITY
 S.11 lays down that a person is incompetent to conduct
under the following circumstances:
 If he is a minor.
 If he is of unsound mind, and
 If he is disqualified from contracting by law to which he is
subject.
PERSON
Natural Artificial
Age Disqualification
Registered Object
Soundness of mind

FREE CONSENT
 ‘The complainant must prove that if he had known the truth, or had not
been forced to agree, I would not have entered into the contract.’
Forced consent has two further vitiating elements:

 Coercion (Section 15) In all these 4 cases,
there is no “free
 Undue influence (Section 16)
consent” and the
contract is
Truth has two further vitiating element. voidable at the
option of the party
 Fraud (section 17)
whose consent was
 Misrepresentation (Section 18) so cause.
> When the consent is caused by bilateral mistake, the agreement is void
(section 20)
> A contract is not voidable merely because it was a unilateral mistake as to
matter of fact (Section 22).
LEGALITY OF THE OBJECT
 The word object in the context of Contract Act 1872 means “Purpose or
Design”.
When does the object of agreement become unlawful?
 When it is punishable by the criminal laws.

 When it is prohibited by special legislation.
 If it is of such a nature that, if permitted, it would defeat the
provisions of any law.
 If it is fraudulent.
 If it involves or implies injury to the person or property of another.
 If the Court of law regards it as ‘immoral’.
 If the Court of law regards it as “opposed to public policy.
WRITING AND REGISTRATION
Generally, a contract can be concluded in writing, verbally or

even through general practice/conduct. It can either be
expressed or implied.
In practice, there are certain areas in which contract requires

specific mode of formulation and sometimes registration.
Few such examples are:
 Contract relating to land.

 Banking contracts.

CLASSIFICATION OF CONTRACT
On the basis of creation, a typical contract can be

classified as:
Express Implied
Creation Creation
Section 9 of Contract Act 1872 elaborates:
‘In so far as
the proposal or acceptance of any promises
made in words, the promise is said to be expressed. In so
far as such proposal or acceptance is made otherwise than
in words, the promise is said to be implied.

CLASSIFICATION OF CONTRACT
BASED ON ‘EXECUTION’
Executed Executory
Executed Contract:
A Contract in which the task or action has been
completed by one or both the parties. The parties are said
to be ‘discharged’ of the contract.
Executory Contract:
A contract in which a task or action is yet to be
completed or partially completed.
ENFORCEABILITY OF A
CONTRACT
C. A of 1872 S.2(g) An agreement not enforceable by law is to
be ‘void’.
C. A of 1872 S.2(h) An agreement not enforceable by law is a
‘Contract’.
VOID CONTRACTS VOIDABLE CONTRACTS

• A Void Contract is, a as matter of law, no • Voidable means that there is a contract, but
Contract at all. For example, if we imagine that A one of the parties has an option to ‘avoid’ that
and B enter into a contract for the sale of illegal contract, at which point it becomes void. If the
drugs, that contract would be void. It means that party choose not to exercise that option, then the
the purported contract has no legal effect. contract continues normally.

CONTINGENT CONTRACTS
S. 31 of CA 1872 defines:
“A contingent contract is a contract to do or not to do
something, if some event, collateral to such contact does
not happen.”
Example
A Contract to sell B 10 gadgets for Rs. 10,000/-, if the ship

by which they are coming returns safely.

QUASI - CONTRACTS
Under certain special circumstances obligations resembling
those created by contract are imposed by law although the
parties have never entered into the contract. Such
obligations imposed by law are referred to as ‘Quasi -
Contracts’.
‘S. 68 -72 of CA 1872 further elaborate such contract and

gives guidelines about its applications ’

DISCHARGEMENT
Discharge:
(Ways) By Performance
By Mutual Agreement
By Supervening Impossibility Ss 37-63
By Operation of Law
By Lapse of Time
By Breach of Sec. 73
Contractual Remidies
Damages
Specific Performance. Ss 73-75
Injunction
Quantum Meruit. Section 76-123

Condified into Sales of Goods Act, 1930
DISCHARGEMENT
A C o n t r a c t i s s a i d t o b e d i s c h a r ge d w h e n
the rights and obligations are arising out of
a contract are extinguished/ eliminated .

A Contract may be discharged in the following
ways:
By
Performance
By Breach of By Mutual
Contract Consent
DISCHARGEMENT
By
By Lapse of Supervening
Time Impossibility
or illegality

PERFORMANCE
 As the word itself is self- explanatory, when both parties
involved in the contract fulfill their obligation, the
contract is said to be discharged by due performance.
Example:
(1) Transfer of Property in case of sale agreement.
(2) Delivery of goods in case of shipment contracts.

MUTUAL AGREEMENT
 Again the word being self-explanatory, a contract may be
discharged by another agreement by the parties involved.
S. 62 & 63 of C A 1872 ascribes three methods of

dischargement by mutual agreement.
REMESSION
‘Acceptance of lesser sum
than what was originally
agreed’
NOVATION ALTERATION RESCISSION

‘A new Contract substituting the ‘Changing one or more ‘In other words Cancellation of
old one’ terms of Contract’ existing Contract’

SUPERVENING IMPOSSIBILITY
 As per S. 56 CA 1872, any agreement which enters an act
impossible in itself is void.
Application of Doctrine of SI
APPLICATION VALID APPLICATION INVALID
1. Destruction of object matter 1. Difficulty of performance
2. Failure of ultimate purpose 2. Commercial impossibility
3. Death/ Personal incapability of 3. Impossibility due to the default of 3rd

promissory person
4. Change of Law 4. Strikes & Lockouts
5. Outbreak of War 5. Failure of one of the objects

BY OPERATION OF LAW
INSOLVANCY
MERGER When one of the
When an inferior OPERATION parties become
Contract merges into OF LAW insolvent and court
a Superior one passes ‘order of
discharge’

LAPSE OF TIME
Contract may be discharged by
By operation of If contract is not

Limitation Act. performed within
prescribed time, provided
that time is of essence in
that particular contract.
When any of the above possibility comes into play, the performance /
execution of contract becomes ‘time - barred’.

BREACH
 Breach brings an end to the obligations created by the contract
on the part of each party.
Breach may be of two kinds
ANTICIPATORY ACTUAL
It occurs before the time fixed for It occurs when a party fails to
performance of Contract. perform his/ her obligations upon
the date fixed for performance by
Contract.

CONTRACTUAL REMEDIES
SPECIFIC DAMAGES
PERFORMANCE
Whenever there is
a Breach of
NON- FINANCIAL Contract agreed FINANCIAL
Remedies (Specific party may be REMIDIES
Relief Act 1877) entitled to (Contract Act 1872)
INJUNCTION QUANTUM
MERIUT

DAMAGES
 Damage is an award of money that is intended to cure a
wrongful event / breach of Contract.
 They may be categorized as:
Ordinary Damage
Special Damages
Nominal Damages
Liquidated Damages
Preventive Damages

REMOTENESS OF DAMAGE
Remoteness of damage is tested by the two limb
rule in HADLEY Vs BAXENDALE 1854.
Loss must arise naturally from the breach.
Remoteness
Manner be supposed to have
contemplated.

QUANTUM MERIUT
Literal Meaning: ‘as much as earned or in proportion to the

work done’
Sometimes the C goes for the protection of his

reliance interest. This refers to the position he
would have been IN had not relied on the Contract.

SPECIFIC PERFORMANCE
→ It is an equitable relief/ remedy.
→ It occurs when the court orders the D to fulfill a

contractual obligation to do something.
→ if the D refuses to obey the court’s order, it can be held in

contempt of court, and therefore be subject to a fine, or
imprisonment .

INJUNCTION
→ It is also an equitable relief/ remedy.
→ Injunction occurs when the court orders the

defendant to refrain from doing something that is
prohibited by the contract.

SPECIALISED CONTRACTS
(Have their own characteristics)
* Indemnity & Guarantee

* Bailment & Pledge
* Agency

Indemnity Insurance Concepts Sec. 124

Guarantee Banking Concepts Sec. 126

Bailment Sec. 148 Carriage of Goods
Bill of lading
Charter party agreement

Pledge Sec. 172 Mortgages & Charges

Agency Sec.182 Partnership Concepts
Corporate Entity Concepts
Corporate Governance Concepts

BOD are the agents of the Company
Section 239 onwards

Codified into Partnership Act, 1932

SPECIALIZED CONTRACT
Indemnity & Guarantee Ss 124 - 147
Bailment & Pledge Ss 148 - 181
Agency Ss 182 – 238
Indemnity Insurance Concepts

Guarantee Banking Concepts
Bailment
Carriage of Goods concepts
• Bill of Lading
• Charter party agree:
Continued.
Pledge Mortgages & Charges Concepts
Agency Partnership Concepts

Corporate Entity Concepts
Corporate Governance
Concepts
BOD is the agent of the Co.
Section 239 onwards

Codified into Partnership Act, 1932.

CONTRACT OF INDEMNITY
Indemnifier Indemnified
“A contract by which one party promises to save the other from loss caused to him:
By the conduct of the promisor himself or

By the conduct of any other person:
Called A Contract Of Indemnity”
Examples:
Insurance
Indemnity Bond
Implied Indemnity

CONTRACT OF GUARANTEE:
Principal Debtor, Creditor Guarantor / Surety
“A contract of guarantee in a contract is:
To perform a promise or
Discharge the liability if a third person IN CASE OF HIS DEFAULT.”
Offer + Acceptance Pr. Cr.

Consideration Db
Capacity
Free – consent
Lawful object
Surety / Guarantor

DISCHARGE OF SURETY FROM
LIABILITY
(1)
(2)
Any change in (1) contract will discharge the liability of guarantor.
• Variance
•Release or Discharge of Pr. Db.
•Arrangements by Cr. – Db.
•Cr. Act or Omission.
•Loss of Security
•Invalidation.

DIFFERENCE B/W INDEMNITY &
GUARANTEE
INDEMNITY GUARANTEE
— Liability of indemnifier is ‘Primary’. — Liability of Surety is ‘Secondary’.
— Two parties are involved. — Three parties are involved.
— It is a contract for reimbursement — It is a contract for a security of

of loss. debt. etc.
— Indemnifier acts independently , — Surety gives guarantee at the

without any others request. request of debtor

BAILMENT & PLEDGE
“ A bailment is the DELIVERY OF goods by one person to another for some purpose
(TEMPORARY) upon a contract that they (Goods) shall, where the purpose
(TEMPORARY) is accomplished, be returned or otherwise disposed of according
to the direction of the person delivering them.”
Bailer
Person delivering the goods
Bailee
To whom goods are delivered
Types:
 Safe Custody: Commercial Commodatum.
 Rentals (Car - Generator):
 Carriage: By Sea, Air, Railways & Road
 Pledge./ PAWN
 Repairs

PLEDGE OR PAWN
“The bailment of Goods as SECURITY for PAYMENT of
a DEBT or PERFORMANCE of a promise is called
PLEDGE”.
The Bailer here is called ‘Pawner or Pledger’

The bailee here is called ‘Pawnee or Pledgee’

DISTINCTION B/W PLEDGE &
BAILMENT
PLEDGE BAILMENT
— The pledgee has no right of using — There is no such restriction for a
the goods pledged. bailee.
— Pledgee has a right of sale of goods — No such right of sale to the bailee
on default (by going notice). exists.

AGENCY
“An agent is a person employed to do any act for another on to
represent another in dealing, with third person. The person for whom
such act is done is called the principal”.
TEST OF AGENCY:
“Whenever a person has the authority to act on behalf of the other and
to create contractual relations b/w that other & 3rd persons. ”
PRINCIPAL AGENT
PRIVITY OF CONTRACT 3RD PARTY

PRINCIPAL’S LIABILITY FOR THE ACTS
OF THE AGENT
1. When Agent acts within the scope of his actual and

apparent authority.
2. When agent exceeds his actual as well as apparent
authority.
3. Liability for agents mis-representations or Fraud.
4. Notice given to agent as notice to Principal
5. Liability based on the doctrine of estoppels.

PERSONAL LIABILITY OF AGENT
TO THIRD PARTY
1. Where agent expressly agrees.

2. Where agent acts for a foreign Principal.
3. Where agent acts for an unnamed principal.
4. Where agent acts for an undisclosed principal.
5. Where agent acts for a principal who cannot be sued.
6. Where agent exceeds his / her authority.
7. Where there is a trade usage or custom.
8. Where agent’s authority is coupled with interest.

CREATION
Expressed
Written
Oral
By Estoppel
Implied By Holding out

By Necessity
Ratification

Termination of Agency
By act of Parties
By operation of Law
Completion of the business of agency.
Expiry of Time.
Death of the Principal of the agent.

Insanity of the principal of agent.
Insolvency of the principal.
Destruction of subject.
Dissolution of Company.
Principal or agent becomes alien enemy.

LAW FROM DIFFERENT DIMENSION
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CONCEPTUAL POINTS
Goods S. 2 (7), 6 -8

Price as “consideration” S.9

Sale & Agreement to Sell S.4

Auction sale S. 64

Caveat Emptor
(Buyer Beware)

TERMS OF THE CONTRACT
• Express & implied terms
• Condition & warranties Ss. 11 – 17
• Other terms (Boilerplate)
Condition as to title S. 14
Condition in a sale by description S. 15
Condition in a sale by sample S. 17
Condition as to fitness or quality S. 16

TRANSFER & PERFORMANCE
• Transfer of Property
• Delivery
• Remedial Measures
In unascertained & future Goods Ss. 18 - 23
Rules as to delivery of Goods Ss. 33 - 44
Rights of unpaid seller Ss. 45 – 61

In commercial world, we normally come across
with two type of contracts.

Transactional contract.
Relationship contract.

Transactional Contract:
“Where Consideration is offered and accepted”

Relationship Contracts:

By sponsors of
a Company: Memorandum and
Articles of Association.

By Partners: Partnership Deed.

By Author &
Trustee: Trust Deed.

By Principle &
Agent: Agency Agreement.

TERM:
Classification of Terms:
BY PARTIES OTHERWISE SGA
Express By Court Condition
Implied By Statute Warranty
By Customs & Trade Innominate Term

EXCLUSION CLAUSES
Construe
BOILER PLATE TERMSBe Interpreted in a particular
way.
Purports
appear to be or do especially
falsely.
Exclude liability altogether

Restrict it by limiting damages
Imposing other onerous condition

BOILER-PLAT TERMS:
Exclusion Clause.
Force Majeure Clause.
Confidentiality Clause.
Arbitration Clause.
Jurisdiction Clause.
Entire Agreement Clause.

Importance of Contract Law.

“The law of contract forms the foundation of Business
Law. Virtually every aspect of business involves
contracts as does much of a persons normal life. When
you rent an apartment, you sign a contract known as a
lease, when you take job, you enter a contract of
employment any purchase of goods, services or real
estate involves some form of contract. Loan are
evidenced by a type of contract known as a promissory
note. Even the marital relationship is a type of
Contract.”

Situation Law Jurisdiction

Lease Rent Laws Rent Courts
Employment Labour Laws Labour Courts under
(IRA, FA, CA) IR Laws
SSA, EOBI

Sale/Purchase of Goods Sale of Goods Act, Territorial &
1930 Pecuniary

Services Contract Act, 1872 Territorial &
(relevant laws of Pecuniary
Respect Associations)

Real Estate Transfer of Property Territorial &
Act, 1882 Pecuniary
Loan Banking Laws Banking Courts

Negotiable Instrument

Marital Family Laws Family Courts

SCENARIO:

Face to Face V At distance

One to One V Standard

STANDARD CONTRACTS:

COMPARABLE Bargaining Strength Court will not usually, interfere.

One Party is weak Court will protect the
weaker party.

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“CONTRACT

LUNCH & PRAYER 01:30 – 02-30 PM

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

SESSION 5 11:30 – 01:30 PM SGA 1930 + TERMS OF

SESSION 3 02:30 – 03:30 PM TERMS (CONTINUED)

SPECIAL SESSION 03:45 -04:45 PM ENFORCEMENT ASPECT

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

Classification of contract on the basis:

Executed Quasi Contracts S.68-72

Valid S.2 (h)

LEGAL RULES REGARDING A VALID OFFER LEGAL RULES REGARDING ACCEPTANCE

- An invitation to offer is not an offer. - Acceptance must be expressed in some

Note: two identical cross offers do not make a contract

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

“Means every kind of moveable property other

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

Actionable claims: Contract Act, 1872.

Property: (Immovable Property) The Transfer of

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

Forced consent has two further vitiating elements:

When does the object of agreement become unlawful?

 When it is punishable by the criminal laws.

Generally, a contract can be concluded in writing, verbally or

In practice, there are certain areas in which contract requires

Few such examples are:

 Contract relating to land.

Rahat Aziz Contract Management Workshop– Sep 201 IBA-CEE

On the basis of creation, a typical contract can be

Section 9 of Contract Act 1872 elaborates:

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

VOID CONTRACTS VOIDABLE CONTRACTS

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

A Contract to sell B 10 gadgets for Rs. 10,000/-, if the ship

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

‘S. 68 -72 of CA 1872 further elaborate such contract and

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

Quantum Meruit. Section 76-123

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

S. 62 & 63 of C A 1872 ascribes three methods of

NOVATION ALTERATION RESCISSION

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

1. Destruction of object matter 1. Difficulty of performance

2. Failure of ultimate purpose 2. Commercial impossibility

3. Death/ Personal incapability of 3. Impossibility due to the default of 3rd

5. Outbreak of War 5. Failure of one of the objects

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

By operation of If contract is not

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

Breach may be of two kinds

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

 They may be categorized as:

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

Loss must arise naturally from the breach.

Rahat Aziz Contract Management Workshop– Sep 2013 IBA-CEE

Literal Meaning: ‘as much as earned or in proportion to the