understand by breach of contract? Explain in detail the various remedies that are available for a breach of contract. 8. Analyse the definition of contractunder the IndianContractAct, 1872. What is the difference between a void agreement and void contract? During the rainy reasons when dengue was...
that of damages is available. Breach of Contract occurs when a party refuses to perform his liability under it, or by his own act makes it impossible that he should perform his duties under it or totally or partially fails to perform such duties. The party who is injured by the breach of contract may...
contract is made by the other party to the contract.
(c) All the parties may mutually agree to bring the contract to an
IDEAL / CPT / MERCANTILE LAW / THE INDIANCONTRACTACT, 1872
Waiver means intentional relinquishment of a right...
remedies for breach of contractunder Sale of Goods Act, 1930.
Ans: A contract is comprised a reciprocal promises. In a contract of sale, if seller is under as obligation to deliver goods, buyers has to pay for it. In case buyer fails or refuse to pay, the seller shall have certain rights...
Relief Act, 1963 and The IndianContractAct, 1872.
Suit for Damages:-
The word ‘damages’ means monetary compensation for the loss suffered. Whenever a breach of contract takes place, the remedy of ‘damages’ is the one that comes to mind immediately as the consequence of breach. The aggrieved party...
* Legal remedies for contractbreach by any party
IndianContractAct of 1872 is the law which governs Contract disputes in India.
In all contracts, whether commercial or construction contracts, breach often occurs due to failure of one contracting party to fulfil its contractual obligations...
under Para 5 of the special instructions and since he did the work without fulfilling these requirements he is not entitled to claim any amounts at a higher rate for extra work done.
Sec 73 IndianContractAct, 1872: Compensation for loss or damage caused by breach of contract...
governed by IndianContractAct, 1872 – Section 10
• Offer and acceptance
• Competency of parties :Section 11
Major according to the law to which he is subject,
Sound mind ,
Not disqualified from contracting by any law to which he is subject.
• Free Consent : Section 14 - Not caused by...
remedies are available to a seller for breach of contract of sale?
Remediesavailable to the seller:
In case of breach of the contract of sale of goods where the seller is the aggrieved party he has the following remedies:
Suit for price:
1) Where under a contract of sale, the property in the...
: Contract Law (Part I) : The IndianContractAct, 1872 – the methods of wealth creation ; the Romal Law concept of contract: ‘consensus ad idem’, ‘aggregio mentium’ ; what is a contract? ; the essential elements of a valid legal contract (Ss. 2(h) and 10) ; legal steps in the formation of a...
, by an agreement, created legal rights and obligations, which are purely personal in their nature and are only enforceable by action against the party in default.
Section 2(h) of the IndianContractAct, 1872 defines a contract as "An agreement enforceable by law". The word 'agreement' has been...
Chapter 2 : The IndianContractAct1872
Sir Frederic Pollock - “Every agreement and promise enforceable at law”
According to Sec 2(h) “An agreement enforceable by law
Agreement – Every promises and set of promises forming consideration for each other.
Essential Elements of...
(Ramchandra v. Bank of Kohlapur, 1952 Bom. 715). It may be pointed out that coercion may proceed from any person and may be directed agains't any person, even a stranger and also against goods, e.g., by unlawful detention of goods.
(vi) Undue Influence
Under Section 16 of the IndianContractAct, 1872...
A SMALL NOTE ON LAW OF CONTRACTS.
The Essentials of The IndianContractAct, 1872
Law of Contracts is the most important branch of Mercantile Law without which it would be difficult to carry on any trade or business in a smooth manner. Further, in the course of the discussion that follows...
defined as “every promise and every set of promises, forming consideration for each other.”
* A proposal when accepted becomes a promise.
Agreement = Offer + Acceptance
The law of contract in India is contained in the Indiancontractact, 1872...
(vi) Undue Influence
Under Section 16 of the IndianContractAct, 1872, a contract is said to be produced 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...
thereof under a contract voidable under section 19 or section 19A of the IndianContractAct, 1872 (9 of 1972 ), but the contract has not been rescinded at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller' s...
, consideration, privity of contract and lawful object. Discharge of contract. Remedies for breach of a contract.
1.1 IndianContractAct – 1872
1.1.1 Law – Its origin Every human being would like to have his own way to express himself and act. Such an unrestricted freedom can be enjoyed only in...