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Showing posts with the label Contract

Offer, acceptance, consideration

Offer or proposal-  Promisor  Promise  Reciprocal promises Promisee  General offers and invitation to offer  Acceptance   Revocation of acceptance  Agreement - offer or proposal accepted becomes a agreement  Contract - agreement enforced by law becomes a contract  Valid contract  1. Made by person competent  2. By free consent (not by coercion, undue influence, fraud, misrepresentation, mistake) otherwise voidable  3. lawful  Implied - conduct  and express - writing or oral   Standard contract  1. Employment contract  2. Receipts Consideration Promissory estoppel   Acts done at request  Acts for charitable purpose Privity of contract   

Contract of indemnity

Definition  .124 Contract in which one party promises the other party in case of loss caused to him by the promisor or by act of others. Indemnifier - The person who gives the indemnity  Indemnity holder The Person for whose protection it is given is called indemnity holder or indemnified Case law Secretary of State v bank of India ltd The bank received  forged indorsement and it sent to the public debt office the original owner received compensation from state and the state was allowed to recover from bank on promise of indemnity. Illustration  An employee leaving employment earlier is valid only part of bond money is adjusted for the loss of the employer   125.rights of indemnity holder when sued. The indemnity holder can recover the amount from the promisor  1.any amount for the suit  2. Amount to defend the suit, in the absence of contract the promisee has acted prudently or the promisor authorised to defend the suit  3.if the promissory asked...

Fraud s.17

 Section.17 Definition  Fraud means the act committed by a party to a contract with intent to deceive another party to enter into contract. 1. Promise made without intention of performing  2.concealment of facts Duty to speak( uberrima fires) The person who keeps the silence has a duty to speak   Father selling a horse to his son has to inform the fact that the horse is unsound. The insurance company has to inform the insurer of the risk covered without concealment of facts making him to take the insurance . Old person should inform the insurance person of the fact the disease he has without concealing the disease by producing a false medical certificate. Case law Haji Ahmad yarkhan v Abdul gani khan  The plaintifff arranged for the engagement of his son wher he found that the girl was suffering from epileptic disease and sued for damages the concealment of a fact amounts to fraud.

Mistake s.20,21,22

Section.20 The contract is voidable if one of the parties came to know the fact that the contract was completed by misleading the parties . Documents mistakenly signed or non est factum  It is available to person who has signed a document  and later it was not the document he had signed , this is usually applied to blind person , the person reading the document could have Misread to make him  sign the document, but it not usually available to person who could not say that he didn’t read the documents properly , the person signing has to take care. Case law Gallie v lee   Mrs.G who was seventy eight years old signed her property to her nephew who was taking care later he pleadged the documents with the building society upon default they society claimed possession, she pleaded non est factum. The lord denning and salmon gave the same decision that she could have signed the document even though she s aware of the fact that her nephew would mortgage.

Coercion or duress or menace s.15

Indian contract act 1872 Section .15 Coercion definition it is commiting or threatened to commit an act which is not lawful, detaining  property or threatening to detain a property to enter into agreement. Acts forbidden by ipc Criminal initmidation Suicide Detention of property Case law  Chikham amiraju v Chikham seshamma A hindu by threat of suicide made his wife and her son to release a property in favour his brother. Illustration A person pledged his plate for £20 but the pledgee insisted for additional £10 as interest,the pledger paid the extra and sued for coercion under detention of property. difference between indian and english law according to Indian law it is coercion English law it is duress or menace Coercion in Indian law is not limited and covers strangers involving in threat.

Consumer protection Act

https://e-jagriti.gov.in/consumer/dashboard Consumer protection act 1986 Consumer protection act 2019 Consumer and consumer rights Consumer protection council Mediation Redressal mechanism Filing a complaint Mediation  Product liability action Arbitration Case law Arbitrary action- state liable to pay compensation (article 14) Lucknow development authority v m.k Gupta The respondent applied for a flat with Lucknow development authority, the flat was allotted on April 26, 1988 and he paired the full amount but was further delayed , he filed a complaint in the district forum The state commission asked the appellant to either complete and hand over the flat or refund the money , The appellant instead of complying with the order filed for appeal in the national commission , the national commission ordered him to pay compensation of 10000 as compensation but again he went on to appeal in the Supreme Court , The Supreme Court upheld the decision of the commission and dismissed the appeal...