"Remedies Available For Breach Of Contract Under The Indian Contract Act 1872" Essays and Research Papers

  • Remedies Available For Breach Of Contract Under The Indian Contract Act 1872

    1. INDIAN C0NTRACT ACT 1872 Introduction: We enter into contracts day after day. The Law of Contract is comboided in the Indian Contract Act, 1872. The contract act incorporates many features of English Law. What is a Contract ? Section 2(h) of the Indian Contract Act 1872 defines a as an agreement enforceable by law. Section 2(e) defines agreement as “every set of promises forming consideration for each other. Section 2 defines promises in these words , when the person to whom the proposal...

    Common law, Contract, Contract law 849  Words | 4  Pages

  • Breach of Contract Remedies

    Breach of Contract & Remedies 1 Breach of contract Nature of breach A breach of contract occurs where a party to a contract fails to perform, precisely and exactly, his obligations under the contract. This can take various forms for example, the failure to supply goods or perform a service as agreed. Breach of contract may be either actual or anticipatory. Actual breach occurs where one party refuses to form his side of the bargain on the due date or performs incompletely. For example: Poussard...

    Breach of contract, Contract, Contract law 1740  Words | 6  Pages

  • Termination, Breach & Remedies of Contract in Nepal

    Discuss the grounds of termination of contract and remedies available for breach of contract. Further, discuss the most appropriate remedy (in your opinion) for breach of contract in a market economy. Grounds of Termination of Contract: Termination of a contract takes place when the parties to the contract are released from their contractual obligations. Contract termination may take in a number of ways which are: 1. By breach of contract. A breach of contract takes place when a party fails to...

    Breach of contract, Contract, Contract law 1243  Words | 4  Pages

  • Breach of Contract and Remedies

    Forms of breach of contract and the remedies that can be used. Table of contents: Introduction Contracts as a whole Forms of breach of contracts Remedies Introduction: As long as human kind can remember contracts has been in the existence. Goods were exchanged in order to survive. Therefore a contract can be described as an agreement between two (or more) people where one person offers to do something and another person accepts that offer. So when someone agrees to sell and...

    Anticipatory repudiation, Breach of contract, Certainty 1327  Words | 5  Pages

  • Remedies - Contracts Act 1950

    REMEDIES • method by which an injured party enforces a right or corrects a loss. It will depend on the nature of breach and the result will be differ between parties. The remedies available for breach of contract are: 1) RESCISSION • An equitable remedy available at the discretion of the judge. It is available where a contract is voidable as a result of a vitiating factor such as misrepresentation, undue influence or duress. It will not cover damages. Car &Universal Credit...

    Anton Piller order, Common law, Contract 1717  Words | 6  Pages

  • Breach of Contract in the Business World

    | Breach of Contract in the Business World | | | | | | | Table of Contents Executive Summary iii I. Introduction 1 II. Breach of Contract 1 III. Immaterial Breach of Contract 1 IV. Material Breach of Contract 2 V. Remedies 3 VI. Remedies at Law 3 VII. Remedies in Equity 5 VIII. Summary 6 IX. Bibliography 8 Executive Summary This paper discusses the legal concept of a breach of contract and the options a business has in pursuing a breach of contract...

    Breach of contract, Contract, Damages 1867  Words | 7  Pages

  • Breach of contract

    question Under the Sale of Goods Act (1979), there are strict rules that a seller/ retailer must abide by once they have entered into a contract. The goods must be as described (section 13), of satisfactory quality (section 14 [2]) and fit for purpose (section 14 [3]). Both section 13 and 14 have strict liability attached to them. The court will not investigate into the mind of the seller at the time or observe how much they tried but all they will look for is if there is a breach in the contract and...

    Contract, Court, Good 992  Words | 2  Pages

  • Breach of Contract

    BREACH OF CONTRACT 1. 2. 3. 4. 5. Default of the debtor (Mora Debitoris) Default of the creditor (Mora Creditoris) Positive malperformance Repudiation Prevention of performance (rendering performance impossible) Default of the debtor (Mora Debitoris) Any obligation under a contract has a time limit for its performance, be it an agreed fixed period or in the absence thereof a reasonable period. If the debtor neglects or fails to perform timeously, he/she commits breach of contract. Lawyers then...

    Anticipatory repudiation, Breach of contract, Christmas 873  Words | 3  Pages

  • business law :Breach of Contract

    Question TWO What is a "Breach of Contract"? A business contract creates certain obligations that are to be fulfilled by the people or companies who entered into the agreement.  In the eyes of the law, a party's failure to fulfil an end of the bargain under a contract is known as a "breach" of the contract. Depending on the specifics of the contract, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at...

    Breach of contract, Contract, Contract law 721  Words | 2  Pages

  • Breach of Contract

    whether Theresa able to sue for her damages. Law and Implication For there to be a valid contract between Theresa and AirMalaysia, there must be a proposal, acceptance and consideration. Proposal is defined in Section 2 (a) Contract Act 1950 as when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to the act or abstinence, he is said to make a proposal. The moment when Theresa booked the flight ticket...

    Breach of contract, Contract, Contract law 1474  Words | 4  Pages

  • Contract Breach

    1. Introduction Breach of contract is when one or both parties, who came to a mutual agreement, do not fulfil their contractual agreement i.e. interfering in the other party’s performance or non-performance by one or both parties. These are only two of the possible five forms of Breach of Contract. The five types of Breach of Contract will now be discussed in detail. 2. There are five different forms in which Breach of Contract can take place: a. Default of the debtor (mora debitoris) i. Explanation...

    Breach of contract, Contract, Contract law 1696  Words | 6  Pages

  • Indian Contract Act

    Shireen Mall vs John James Taylor on 21 December, 1951 Equivalent citations: AIR 1952 P H 277 Author: Soni Bench: Soni ORDER Soni, J. 1. This is an application by Shireen Mall under the provisions of Sections 18 and 19 of the Indian Divorce Act, 1869, read with Sections 3 and 4 of the Indian Matrimonial Causes (War Marriages) Act XL of 1948, praying that this Court may declare the marriage between her and the respondent to be null and void. 2. The facts as deposed to by the petitioner are that she was...

    Alimony, Annulment, Divorce 2683  Words | 7  Pages

  • Damages and breach of contract

    Damages and Breach of Contract This paper aims to discuss and examine the case law, Wrotham Park Estate Co Ltd v Parkside Homes Ltd. and analyse the reasons why Brightman J in this case believe that there will be unjust if the nominal sum is awarded to the plaintiffs. The measure of damages (restitution interest/remedy(remedy Campbell,restitution for breach of contract) and damages in lieu of injunction will also be explained. Furthermore, the relevant case laws will be included. Before considering...

    Breach of contract, Complaint, Contract 2481  Words | 6  Pages

  • Contract Cancellation Due to Breach of Contract

    Contract Cancellation due to a Breach of Contract Submitted by Victoria Wyatt Prepared for Dr. Maverick Acquisition Law Spring 07 18 May 2007 CERTIFICATE OF AUTHORSHIP: I certify that I am the author. I have cited all sources from which I used data, ideas, or words, either quoted directly or paraphrased. I also certify that this paper was prepared by me specifically for this course. ______________________________________________ Signature Date Overview ...

    Breach of contract, Contract, Contract law 2187  Words | 7  Pages

  • Breach of Contract

    type of contract, a legally binding agreement between two parties to do a certain thing, in which one side has all the bargaining power and uses it to write the contract primarily to his or her advantage[1]. Breach of Contract Common Breaches of Contract When any contract is made an agreement is formed between parties to carry out a service and payment for that service. If one of the parties fails to carry out their side of the agreement then the party can be said to be in breach of contract...

    Breach of contract, Common law, Contract 1529  Words | 6  Pages

  • Remedies: Contract and Specific Performance

    Remedies for breach of contract   Infolet 10 Currently, courts are largely limited to awarding loss-based damages for breach of contract, although performance can be ordered in some circumstances. There are economic arguments in favour of this approach, but in some circumstances it may be inadequate. If the idea of reforming Australian contract law is welcomed, one reform measure might be to expand the range of remedies that a court could order when a contract has been breached. What...

    Breach of contract, Common law, Contract 1200  Words | 5  Pages

  • Performance and Breach of Sales Contract

    Performance and Breach of Sales Contract Performance and Breach of Sales Contract Quynh Nguyen Upper Iowa University BA 302: Business Law Instructor: Paul Croushore Jun 3, 2009 Sales Contract: A sale occurs when there is an exchange of goods or other property from the seller to the buyer for money. In order to create in each party a duty to do or not to do something and a right to performance of the other’s duty or a remedy for the breach of the other’s duty, we need to set up a contract. Obligations...

    Accept, Anticipatory repudiation, Breach of contract 1805  Words | 5  Pages

  • Rightful Payment Under S. 145 of the Indian Contract Act, 1872; Dimensions and Nuances

    INTRODUCTION Sec. 145 of Indian Contract Act, 1872 deals with the recovery of the sum of money rightfully paid by the surety. The sum assured by the surety to the creditor being paid is divided into two categories: rightfully paid and wrongfully paid. For example, as per illustration(a) given with the section, when the surety did not pay the sum to the creditor on reasonable grounds, but paid it when the creditor sued him, it is rightful payment. But, as per illustration(b), if there was no reasonable...

    Contract, Debt, Debtor 1551  Words | 4  Pages

  • Indian Contract Act, 1872

    is no excuse. Introduction to Indian Contract Act Definition of a Contract :- Sec. 2(h) of the Act defines the term contract as "An agreement enforceable by law is a contract”. Flow of the definition :- Contract Agreement Promise Accepted proposal Proposal/offer Contract as defined by Eminent Justists :- 1. “Every agreement and promise enforceable at law is a contract.” – Pollock 2. “A Contract is an agreement between two or more persons...

    Breach of contract, Consideration, Contract 7396  Words | 37  Pages

  • Privity of Contract

    A stranger to a contract can’t sue…!!!! Submitted by:- Ankit Bhardwaj 091004 M.B.A. III sem. The basic answer to this question is ‘NO’, as the following literature supports and explains this fact effectively. A contract is an agreement between two or more parties that creates an obligation to do or not to do something. The parties...

    Common law, Contract, Contract law 853  Words | 3  Pages

  • Common Remedies

    Explain the common remedies that a party to a contract may claim under the law of contract. Various remedies exist in contract law. These include: Damages Damages in contract law are a legal remedy available for breach of contract. Damages are an award of money to compensate the innocent party. The primary purpose of damages in contract law is to place the injured party in the position they would have been in had the contract been performed. Parties to a contract may legitimately agree the...

    Breach of contract, Consumer Protection, Contract 775  Words | 3  Pages

  • Defenses to a Breach of Contract

    What are the defenses to a breach of contract? If someone is accused of breach of contract, there are a number of defenses available to argue that a contract should not be enforced. If any of the basic contract elements are missing, or if the contract was made with someone of diminished capacity or for illegal purposes, a contract can be unenforceable. Some other examples of potential defenses to enforcement of a contract are mutual or unilateral mistake, duress or undue influence, unconscionability...

    Affirmative defense, Breach of contract, Contract 1725  Words | 5  Pages

  • The Indian Contract Act, 1872

    The Indian Contract Act, 1872 Contract – Meaning and Nature: The law of contract constitute the most important branch of mercantile or commercial law. The law relating to contracts is governed by the Indian Contract Act, 1872. This act mostly deals with general principle and rules governing contracts. The act is divisible into 2 parts: 1. Section 1 to 75 – deals with general principle of contract and applies to all contracts irrespective of their nature. 2. Section 124 to 238- deals...

    Contract, Contract law, Gentlemen's agreement 368  Words | 2  Pages

  • Indian Contract Act 1872

    Indian Contract Act 1872 Indian Contract Act 1872 is the main source of law regulating contracts in Indian law, as subsequently amended. It determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties. The...

    Contract, Contract law, Law 2493  Words | 8  Pages

  • Breach of Contract

    for breach of contract regarding the bees and hives, Buyer must establish that there was a valid contract. To establish breach of contract, Buyer must show there was an offer and acceptance supported by consideration. Bilateral Contract One in which there are mutual promises between two parties to the contract, each party is both a promisor and a promise. Right and duty on each side, in which a promise is established on both sides. UCC or Common Law UCC governs contracts under the sale...

    Contract, Contract law, Contractual term 1039  Words | 4  Pages

  • Contract Liability

    Contract Liability Contract Liability Findings Software developer, Span Systems and a German Bank, Citizen-Schwarz AG (C-S) decided to collaborate in a contract to fulfill a project. The project is one-year long and is worth $6 million. Span Systems experienced late deliverables and quality issues, which affected the project’s timeframe. Span Systems and C-S have decided to re-negotiate the contract because the requested changes affected the project’s scope. Kevin Grant, the project...

    Breach of contract, Contract, Contract law 1651  Words | 7  Pages

  • Contract Law

    requirements for a valid contract. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law. www.wikipedi.org A contract is a binding agreement between two or more people stating to do something or refrain from doing something. Not all agreements are classified as contracts. A contract is known as an acceptance or offer enforced by law between two or more people. When creating a contract all people or parties...

    Breach of contract, Common law, Consumer Protection 1665  Words | 6  Pages

  • Indian Contract Act, 1872

    INDIAN CONTRACT ACT, 1872 TOPICS TO BE COVERED – • Introduction • Nature and kinds of contracts • Concepts related to offer • Acceptance and consideration INTRODUCTION- The dictionary meaning of the word law is “rule made by authority for the proper regulation of a community or society or for correct conduct in life”. In general we can say that law denotes rules and principles either enforced by an authority or self-imposed by the members of the society to control and regulate people’s...

    Common law, Contract, Contract law 2695  Words | 10  Pages

  • Contract and Offer

    3: Individual Assignment What is required for a valid offer? There are six parts to the formation of a valid contract: 1. An intention to create a legal relationship – In short, both members must be of sound mind and have a clear agreement that a contract (or arrangement if verbal) will be formulated between the two parties. Either side of the party cannot be tricked into the contract. 2. Offer – The request for services, a product, or arrangement from one party to another in exchange (or barter)...

    Breach of contract, Contract, Contract law 769  Words | 3  Pages

  • Valid Contract

    Essential features of a valid contract Contracts come in all shapes and sizes. Some are verbal, some are written. Some are formal, some informal. The use of the internet and electronic technology is also becoming increasingly common in the context of forming contractual relationships.  It is, therefore, important to understand the essential features which make a contract valid, binding, and enforceable. What is a contract? A contract is an agreement between two or more parties that is intended...

    Breach of contract, Common law, Consideration 810  Words | 3  Pages

  • A] Indian Contract Act, 1872

    A] Indian Contract Act, 1872 The Contract Act serves as a Mother Act. The Contract Act has a direct link with most other Acts. Whenever two or more people want to establish a relation between/amongst them, there is a need for a contract: Sale of Goods Act (buyer-seller relation), Partnership Act (principal-agent relation), Negotiable Instruments Act (debtor-creditor relation) and so on. Key takeaways: • A contract is any promise or set of promises that are made by one person to another in return...

    Breach of contract, Contract, Contract law 378  Words | 2  Pages

  • Contract Law and Business Law Quiz

    ____________________________ Date:_____________________ 1. The assent of parties to a contract must be voluntary. True False 2. Assent may only be demonstrated by words. True False 3. Assent may still be present even if a party entered into a contract based on mistake. True False 4. A fraudulent misrepresentation may be used to show that genuine assent was lacking in a parties’ contract. True False ...

    Breach of contract, Contract, Contract law 840  Words | 3  Pages

  • Describe The Remedies Available For Breach of Contract

    the remedies available for breach of contract When signing a contract not only are you agreeing to the terms of this contract you are agreeing to the consequences if breach the contract. There are many remedies available if one of the party’s breaches the contract and if the party who breached the contract doesn’t agree to the consequences then the matter will be taken to court. A breach of contract can be defined as a party failing to perform, precisely and exactly, his obligations under the contract...

    Breach of contract, Contract, Equitable remedy 555  Words | 2  Pages

  • contract law2

    Aini. Answer : Issue 1. Whether Nur Aini consent to an agreement caused by undue influence? Undue influence define under Section 16(1) of the Contract Acts where a contract is induced by undue influence if one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. Section 16(1) of the Contract Acts 1950 lay down the principal in general terms and gives the element necessary to establish undue influence where the elements...

    Bona fide purchaser, Contract, Contract law 1538  Words | 3  Pages

  • Terms of Contract & Privity

    and her family arrive they are told that their specified accommodation is no longer available. The tour company offer Jo alternative accommodation located in the city centre. Due to its location the alternative accommodation does not provide any facilities for children; in fact, guests must be at least 18 years old in order to stay at this alternative accommodation.  Jo brings an action for breach of contract against the tour company claiming damages for the ruined holiday for herself and on behalf...

    Breach of contract, Common law, Consumer Protection 2128  Words | 6  Pages

  • Contract Breach

    Title Name BUS 311 Business Law I Professor Date Situations that involve written and oral contracts between clients and contractors happen every day. Quite often, a price is agreed upon based on a completion date and the performance that happens along the way. One such situation that I have experienced was when my Dad decided to purchase a brand new townhouse in a downtown Cincinnati residential redevelopment project. A private contractor named Drees had won the rights from the city to...

    Contract, Contract law, Contractual term 1284  Words | 4  Pages

  • The approach the Zimbabwean courts take towards the question of damages in breach of contract cases.

    INTRODUCTION A contract (according to Gibson 1997) is a lawful agreement made between two or more persons within the limits of their contractual capacity, with the serious intention of creating a legal obligation, communicating such intention, without vagueness, each to the other and being of the same mind as to the subject matter, to perform positive or negative acts which are possible of performance. Contracting parties through agreement, breach and operation of law can terminate contractual...

    Breach of contract, Causation in English law, Contract 1757  Words | 6  Pages

  • Contract

    PAPER – CONTRACT 1 Define contract. Explain the essentials of valid contract. A voluntary, deliberate, and legally binding agreement between two or more competent parties. Contracts are usually written but may be spoken or implied, and generally have to do with employment, sale or lease, or tenancy. 1. Essentials of a valid contract All agreements are not contracts. Only that agreements which is enforceable at law is a contract. An agreement which is enforceable at law cannot be contract. Thus...

    Common law, Contract, Contract law 718  Words | 3  Pages

  • CONTRACT

    In Trevor’s case his issues derive from the Law of Contract; the formation of such and the external circumstances that effects formation, if these circumstances in fact render it void/voidable, breach of contract and the features of acceptance. Through the appropriate study and application of case law we shall better determine Trevor’s legal position. A contract denotes an agreement of two parties on the grounds of a set of obligations that must be honoured by both sides. These obligations...

    Breach of contract, Common law, Contract 913  Words | 3  Pages

  • Contracts

    Introduction: The question of whether contract law can absorb technological change without the need for distinctive guidelines, presuppositions or similar rules is highly dependent on the effects of the amendments to the Electronic Transactions Act 2000 (NSW) (“ETA”). The impact of the ETA on traditional common law principles varies depending on the level of certainty and predictability available in the circumstances and how the law applies. The suitable amount of consistency is likely to vary...

    Common law, Contract, Contractual term 2144  Words | 7  Pages

  • Contract and Indian Majority Act

    Principles of Contract The law of contracts touches equally upon the lives of ordinary persons and the activities of small and big business. This branch of law deals with law relating to promises, their formation, performance and enforceability. It is scattered over several legislations. There are special legislations dealing with particular contractual relationships, e.g. The Sale of Goods Act, 1930, The Partnership Act, 1932. This paper will include a study of general principles of contracts spelt out...

    Breach of contract, Common law, Contract 3711  Words | 11  Pages

  • Breaching a Contract

    BREACHING A CONTRACT First What is a Contract? A Contract is defined as a binding agreement between two or more persons or parties; Especially; One legally enforceable. When signing a contract the person signing signs the contract, to render services for a certain amount of time or for a certain amount of material, which is labeled a term in the agreement. In every contract there are certain duties and rules that are to be followed and obeyed. When disobeyed or rules are broken then that leads...

    Breach of contract, Contract, Contract law 2479  Words | 6  Pages

  • Discuss the essential elements of a valid contract?

    Ans: Section 2(h) of the Indian Contract Act, 1872 defines a contract as an agreement enforceable by law. Section 2(e) defines agreement as "everypromise and every set of promises forming consideration for each other." Section2(b) defines promise in the word: "When the person to whom the proposal ismade signifies his assent thereto, the proposal is said to be accepted. A proposalwhen accepted becomes a promise." From the above definition of promise, it is obvious that an agreement...

    Common law, Contract, Contract law 698  Words | 3  Pages

  • Freedom of Contract in English Law

    In today’s English law, freedom of contract is one the foundation of contract law. The existence of freedom of contract requires three main considerations: the freedom to contract or not to contract, the freedom to choose with whom to contract, and the freedom to decide the terms of the contract. Thus parties are totally free to engage or not to engage in agreements. However, freedom of contract can fail to have the desired or expected effect in contracts where power relations are not equal. The...

    Breach of contract, Common law, Consumer Protection 2235  Words | 6  Pages

  • Common Law Contracts

    to the contracts between Grocery, Inc. and its vendors? Do common law contracts apply? Explain your answer in detail. Your answer should compare and contrast law contracts and UCC Article 2 contracts. The Uniform Commercial Code (UCC) Article 2 applies only to contracts for the sale of goods. The definition of goods is defined as goods that are tangible, movable, or personal property. However, UCC Article 2 does not apply to real estate contracts or employment contracts. Common law contracts are for...

    Breach of contract, Common law, Consumer Protection 1491  Words | 4  Pages

  • contract discharge

    DISCHARGE Written by Mardi Szantyr Discharge of a contract refers to the way in which it comes to an end. Contracts can come to an end in the following ways: 1. by performance 2. by agreement 3. by frustration 4. by breach Each one of these methods of discharge will be considered. Discharge by performance The contract comes to an end when both parties perform their contractual obligations. Performance must substantially correspond with what the parties agreed allowing for minor...

    Breach of contract, Common law, Consumer Protection 1106  Words | 3  Pages

  • Indian contract act Notes

     Chapter 2 : The Indian Contract Act 1872 Definition 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 Valid Contract Minimum Two Parties – one party has to make an offer and other must accept it. Offer & Acceptance – There must be an offer and acceptance to the offer, resulting into an agreement. It...

    Breach of contract, Consideration, Contract 4866  Words | 18  Pages

  • Equity, Trusts & Remedies 2

    Equitable remedies seek to prevent or redress harm caused by the breach of equitable and legal principles. Unlike the common law remedy of damages, they are not punitive in either nature or intent. Equitable remedies refer to specific types of remedies available in court cases that can only be granted by a judge. A judge will grant, or not grant, a given equitable remedy based on the circumstances of a particular case. As such, equitable remedies are different from legal remedies or remedies granted...

    Common law, Contract, Equitable remedy 1421  Words | 4  Pages

  • Unit 21aspects of Contract and Business Law

    Orpington College BTEC National in Business Level 3 Unit 21 Aspects of Contract & Business Law Centre name: Orpington College Centre Number: 14263 Student Name: Naomi Mulamba Work is word-processed Work is backed up in user area Work is spell checked Pages numbered Size 12 font Double spaced and fully justified ASSIGNMENT DEADLINE: | Thursday 16th December 4.30pm | | Learner’s Declaration...

    Breach of contract, Contract, Contract law 879  Words | 5  Pages

  • Remedies for Breach of Contract

    Chapter 18: Remedies for Breach of Contract Election to discharge: self-help remedy Types of Judicial Remedies • Common law remedy of damages • Common law remedy of an action for a fixed sum • Equitable remedy of specific performance • Equitable remedy of injunction Limitation Act • Judicial remedies may be barred by lapse of time due to LA • S 6 LA: no action against breach of contract after 6 years have passed (unless party unaware of breach) • LA does not apply to any legal action rooted...

    Breach of contract, Common law, Contract 2888  Words | 10  Pages

  • Contract and Legally Binding Agreement

    Hartly & The Auto Dealer What do you think about this situation? Should parties to a sales contract be able to rescind a contract because of mutual mistake of fact? Why or why not? Did either party act unethically in this case? Why or why not? What application does the UCC have here? Finally, in the overall context of contract law, are there any winners or losers when a contract is rescinded based on mutual mistake of fact? Why or why not?  In my studies of the case, I read about...

    Contract, Contractual term, Gentlemen's agreement 879  Words | 3  Pages

  • Effects of Breach of Contract

    Effects of a Breach of Contract There are various types of contract with in the world of law such as civil law which deals with relations between individual citizens where as private law focuses on the relations between ordinary people on a day to day basis, both types of law include the law of contract. A contract is an agreement that is legally enforceable and therefore can be settled within a court of law, however how can we distinguish between a contract and any other form of non-legally...

    Breach of contract, Common law, Consumer Protection 1625  Words | 5  Pages

  • Minor Signs Contract

    with Don on a steady basis. I would consider us to be in an implied contract situation. Kubasek, Brennan, Browne (2009) defines an implied contract as “established by the conduct of a party rather than by the party’s written or spoken words” (p. 240) so I would want to remain reasonable and fair in my decisions moving forward. I would still move forward with doing business with the company in Connecticut. As we do not have a contract that states I will provide a certain amount of product for so many...

    Breach of contract, Contract, Contract law 904  Words | 3  Pages

  • Discharge of Contract

    DISCHARGE OF A CONTRACT Normally the completion of a contract is straightforward as parties carry out their tasks as required. There are four main different ways of ending a contract: a) Discharge by performance b) Discharge by agreement c) Discharge by breach d) Discharge by frustration DISCHARGE BY PERFORMANCE For this the courts expect performance to be exact and complete. This means that it must match contractual obligations RE MOORE AND LANDAUER (1921) If requiring a contract to be complete...

    Anticipatory repudiation, Breach of contract, Contract 1262  Words | 5  Pages

  • Aspects Of Contract

    ASPECTS OF CONTRACT AND NEGLIGENCE OF BUSINESS Task: 1.1: Explain the importance of the essential elements required for the information of a valid contract? Offer A valid offer identifies the bargained-for exchange between the parties and creates a power of acceptance in the party to whom the offer is made. The communication by one party known as the offeror to the another party called the offeree b) Acceptance To constitute a contract, there must be an acceptance of the...

    Common law, Contract, Contract law 1598  Words | 9  Pages

  • Critique on “Damages” as a Remedy for Breach of Contract Under Indian, American, English and Chinese Law.

    Critique on “Damages” as a remedy for breach of contract under Indian, American, English and Chinese law. Project: Law of Contracts [pic] |Submitted to: |Submitted by: | |Prof (Dr.) Amar Singh | | |Principal Faculty, |Dheerak...

    Breach of contract, Common law, Contract 8885  Words | 26  Pages

  • PURPOSE OF CONTRACTUAL REMEDIES; HOW AN AGENT CAN BECOME LIABLE IN A CONTRACT

    What purpose do contractual remedies seek to achieve? Do the different types of remedies provide the courts with sufficient flexibility to achieve that purpose? The general rule is that an agent is either liable under, or entitled to enforce, a contract he makes on behalf of his principal. An exception to the general rule is that an agent may enter into a contract on his own behalf as well as on behalf of the principal; and so be liable or entitled under the contract. Discuss this statement in...

    Breach of contract, Contract, Contract law 2707  Words | 7  Pages

  • Discuss the Grounds of Void Contract Under Nepalese Contract Act

    void contract under Nepalese contract act by illustrating the cases. According to Nepalese Contract act 2056,” A contract is an agreement between two or more persons to do or not to do something, which can be enforceable by law.” The supreme court of Nepal has defined the contract as “an agreement of two or more parties with conditions.” The word void means not binding in law. A contract which cannot be forced by both of the contracting parties is called a void contract. If a contract which...

    Ab initio, Contract, Contract law 696  Words | 3  Pages

  • Contract

    party or some forbearance, detriment, loss or responsibility, given, suffered or undertaken by the other”. In relation to Rent a Tents contract with Susie the terms of the contract are that in return for Rent a Tent providing a marquee for the birthday weekend Susie will pay £2,000. This is a binding contract as the several requirements to make a binding contract are, offer and acceptance, intention to create legal relations and consideration. ‘. However Rent a Tent then approached Susie and...

    Consideration, Contract, Contract law 1602  Words | 5  Pages

  • Sale of Goods Act

    Sale of Goods Act, 1930: It is an Act to define and amend the law relating to the sale of goods. It tells about the meaning of sale and goods, warranties and conditions, property transfer and includes the rights of unpaid seller. The contracts for the sales of goods are subject to legal principles similar to the all other contracts .This law is included in chapter VII of the Indian Contract Law, 1872[sections 2(5) and 3]. It first came into force from 1st July 1930. It has been re-enacted again...

    Breach of contract, Contract, Contract law 1340  Words | 4  Pages

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