Enforceability of Contracts on Third party
KIIT UNIVERSITY
KIIT SCHOOL OF LAW
Subject- Law of Contracts-I(101)
Topic: ENFORCEABILITY OF CONTRACT AND BENEFITS OF THIRD PARTY
Submitted by-
Name : Arnabi Dutta
Course: B.A. LL.B
Roll No: 1283024 (A)
Session: 2012-13
[First Semester]
Acknowledgement
This project bears on imprint of many peoples. I sincerely thank to Sir Puranjoy Ghosh and Ma 'am Jinia Kundu, faculty members of KIIT School of Law, KIIT University for providing me an opportunity to do my project work on “ENFORCEABILITY OF CONTRACTS AND BENEFITS OF THIRD PARTY”. Also, I wish to avail myself of this opportunity, express a sense of gratitude and love to my friends and my beloved parents for their manual support, strength, help and for everything .
Abbreviations
AIR- All India Reporter
SCC- Supreme Court Cases
SC-Supreme Court
BOM-Bombay
MP-Madhya Pradesh
LJ- Learned Justice
AC-Appeal Case
Contents:
1.INTRODUCTION
2.CRITERIA TO CONTRACT
3.ELEMENTS FOR ENFORCEMENT OF A CONTRACT
4.CONTINGENCY TO CONTRACT
5. WHERE ENFORCEMENT DEPENDS UPON HAPPENING OF AN EVENT
6. WHEN ENFORCEMENT DEPENDS UPON NON-HAPPENING OF AN EVENT
7.BENEFITS OF THE THIRD PARTY (a) third party 's right of enforcement (b) From Whom Third Party May Seek Enforcement (c)Vesting of third party 's right (d) Defenses Against the Third Party Beneficiary
8.UNFORCEABLE CONTRACT
9.CONCLUSION
INTRODUCTION
Nick offers to sell Natalia a used photocopier for $4,000 and gives her a week to think it over. Five days later, Joe offers Nick $4,400 for the copier. Not having heard from Natalia, Nick immediately accepts Joe’s offer, takes his check and gives him the copier. The next day Natalia accepts Nick’s offer. When told he sold it to Joe, she says, “But you gave me a week to think about it and the week 's not up yet." Natalia might shrug it off or she might sue Nick for Breach of contract. And chances are she would have a good case, because Nick
KIIT SCHOOL OF LAW
Subject- Law of Contracts-I(101)
Topic: ENFORCEABILITY OF CONTRACT AND BENEFITS OF THIRD PARTY
Submitted by-
Name : Arnabi Dutta
Course: B.A. LL.B
Roll No: 1283024 (A)
Session: 2012-13
[First Semester]
Acknowledgement
This project bears on imprint of many peoples. I sincerely thank to Sir Puranjoy Ghosh and Ma 'am Jinia Kundu, faculty members of KIIT School of Law, KIIT University for providing me an opportunity to do my project work on “ENFORCEABILITY OF CONTRACTS AND BENEFITS OF THIRD PARTY”. Also, I wish to avail myself of this opportunity, express a sense of gratitude and love to my friends and my beloved parents for their manual support, strength, help and for everything .
Abbreviations
AIR- All India Reporter
SCC- Supreme Court Cases
SC-Supreme Court
BOM-Bombay
MP-Madhya Pradesh
LJ- Learned Justice
AC-Appeal Case
Contents:
1.INTRODUCTION
2.CRITERIA TO CONTRACT
3.ELEMENTS FOR ENFORCEMENT OF A CONTRACT
4.CONTINGENCY TO CONTRACT
5. WHERE ENFORCEMENT DEPENDS UPON HAPPENING OF AN EVENT
6. WHEN ENFORCEMENT DEPENDS UPON NON-HAPPENING OF AN EVENT
7.BENEFITS OF THE THIRD PARTY (a) third party 's right of enforcement (b) From Whom Third Party May Seek Enforcement (c)Vesting of third party 's right (d) Defenses Against the Third Party Beneficiary
8.UNFORCEABLE CONTRACT
9.CONCLUSION
INTRODUCTION
Nick offers to sell Natalia a used photocopier for $4,000 and gives her a week to think it over. Five days later, Joe offers Nick $4,400 for the copier. Not having heard from Natalia, Nick immediately accepts Joe’s offer, takes his check and gives him the copier. The next day Natalia accepts Nick’s offer. When told he sold it to Joe, she says, “But you gave me a week to think about it and the week 's not up yet." Natalia might shrug it off or she might sue Nick for Breach of contract. And chances are she would have a good case, because Nick
Bibliography: 1.Contract & Specific Relief, Avtar Singh, Eastern Book Company Lucknow, Tenth Edition 2008(reprinted 2010), page-354,355. 2. . The Yale Law Journal Vol. 25. No.3. Jan, 1916 > Enforcement of Contract Published by: The Yale Law Journal Company. Inc stable URL: http://www.jstor.org/stable/786402,(Date-30/09/2012) 3.http://www.lexisnexis.com/lawschool/study/outlines/html/contracts/contracts19.htm (Date-30/09/2012) 4. http://www.ehow.com/about_6623527_definition-contingency-agreement.html#ixzz27wOMlPEc (Date-30/09/2012) 5.The Indian Contract Act,1872 (Bare Act),2012Universal Law Publishing Co. Pvt. Ltd., New Delhi, page- 19,20. 6.Law of Contract, Cheshire Fifoot & Furmston,Oxford, New Delhi, Fifteenth Edition,page-258