Presentation on theme: "Prepare By: Asst. Prof. Pratik Paun Shri H.D.Gardi MBA college Rajkot."— Presentation transcript:
Prepare By: Asst. Prof. Pratik Paun Shri H.D.Gardi MBA college Rajkot
Sec-2(a)- when 1 person signifies to another his willingness to or to abstain from doing anything with a view to obtaining the assent of that other either to such act or abstinence, he is said to make a proposal. E.g. A proposes B to sell his house for rs Sec-2(b)- when the person to whom a proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise. E.g. A proposes to B to sell his house for rs B sends a letter accepting the proposal. A’s proposal now becomes a promise. Promise
Sec-2(c)- the person making the proposal is called the ‘promisor’ and the person accepting the proposal is called ‘promisee’. E.g. A proposes B to sell his house for rs B sends a letter accepting the proposal. A’s proposal now becomes promise. Here, A is the promisor & B is the promisee. Sec-2(e)- Every promise and every set of promises, forming the consideration for each other, is an agreement. To form an agreement there must be a proposal or offer by one party and it’s acceptance by the other. Agreement
Sec-2(g)- An agreement not enforceable by law is said to be void. E.g. A entered into an agreement with B for gambling. Sec-2(h)- An agreement enforceable by law is a contract. E.g. Krishnendu promised to sell a book to padmabati for rs.200 on receipt of the price which padmabati accepted and paid the price. There is a contract between the 2. from the definitions given by various authors and as per the act, an agreement enforceable by law is a contract. The basic element of a a contract are the agreement and it’s enforceability. Contract = Agreement + Enforceability Contract
The acceptance must be absolute & unqualified. The acceptance must be expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it’s to be accepted. If the proposor fails to do so, he accepts the acceptance.
An offer is a proposal by one party to another to do or not to do anything with a view to obtain his assent thereto. E.g. A tells B to marry her if she agrees. This is an offer. A says to B that he desires to marry her. It’s not an offer made by A to B. as per sec 2(a) of the Indian contract act,1872 when 1 person signifies his willingness to do or to abstain from doing anything with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.
General offer Special offer Cross offer Counter offer Open offer Standing offer
Legal relationship Define & unambiguous Non-compliance term Express or implied Special or general Communication Statement of price Declaration of intention
Absolute & unqualified Communication to offeror Mode of acceptance Time Mere silence is not acceptance If can’t precede an offer Acceptance by conduct
When at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise.
Natural love & affection Voluntary compensation Time-barred debt. Gift Inadequate consideration
Must be at the desire of the promisor Must move from the promisee or any other person May be past or present Need not be adequate Must be real May be an act, abstinence or forbearance Must not be unlawful, immoral to public
The agreement is void Minor can be a beneficiary Minor can always plead minority Rectification on attaining majority Benefit under void agreement Contract by guardian Specific performance
It is forbidden by law It is of such nature that if permitted it would defeat the provisions of the law It is fraudulent It involves or implies injury to the person or property of another
A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable. For example: A contract to pay B a sum of money when B marries C. C dies without being married to B. The contract become void. An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others is a voidable contract. For example: B contract with A to do some work for A for rs B is ready to do the work but A prevents him from doing the work. The contract is voidable at the option of B. Voidable contract
Agreement by way of wager are void. No suit shall be brought for recovering anything alleged to be owned on any wager, or entrusted to a person to abide the result of any game or other uncertain event on which any wager is made.
Promise to pay money or money’s worth Happening of uncertain event No control over the event Each party must stand to win or lose No other interest
A contingent contract is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. For example: A contract to pay to B rs if B’s house is burnt. This is a contingent contract.
Contingent on an event happening Contingent on an event not happening Contingent on an event to be deemed impossible Contingent on happening of specified event within fixed time Contingent on impossible events
A quasi contract is a contract created by law. Sometimes the law may say that a person is receiving more than what he actually entitled to and he should pay the excess to the person who actually entitled to such payment. A quasi contract is a contract imposed by law and not by agreement between parties.
Supply of necessaries Payment by an interested person Non-gratuitous act Finder of goods Coercion