indian contract act – Internet Of Educations https://www.internetofeducations.com Internet Of Educations- A Online Education and Information Platform Sun, 26 Feb 2023 17:42:12 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 https://i0.wp.com/www.internetofeducations.com/wp-content/uploads/2022/05/Logo_02.png?fit=32%2C15&ssl=1 indian contract act – Internet Of Educations https://www.internetofeducations.com 32 32 214956407 Contingent Contract with the suitable act, case law, example according to Indian contract act 1872 https://www.internetofeducations.com/contingent-contract-with-the-suitable-act-case-law-example-according-to-indian-contract-act-1872/ Sun, 26 Feb 2023 16:46:43 +0000 https://www.internetofeducations.com/?p=9168

Contingent contract with the suitable act, case law, example according to Indian contract act 1872

Table of Contents

Introduction:

A contingent contract is a contract where the performance of the contract is dependent on the occurrence of a particular event. According to Section 31 of the Indian Contract Act, 1872, a contingent contract is a contract to do or not to do something if an uncertain future event happens or does not happen. The event must be such that it is capable of being proved to be either certain or uncertain.

Contingent contract with the suitable act, case law, example according to Indian contract act 1872

As per Section 31 of the Act, a contingent contract is a contract to do or not to do something if an uncertain future event happens or does not happen. The event must be such that it is capable of being proved to be either certain or uncertain.

The section further provides that if the event becomes impossible, the contract becomes void. However, if the event becomes impossible due to the fault of a party to the contract, that party is liable for any damages resulting from such failure.

Essential elements of a contingent contract:

  1. Uncertain future event: The performance of the contract must be dependent on the occurrence or non-occurrence of an uncertain future event.
  2. Possibility of the event happening: The uncertain event must be possible, meaning it must not have already occurred or be impossible to occur.
  3. Parties must have knowledge of the contingency: Both parties must have knowledge of the contingency at the time of entering into the contract.
  4. Contract must not be void: The contract must not be void or illegal.
  5. Performance must become impossible: If the uncertain event does not occur, or if it becomes impossible to occur, the contract becomes void.

Example of a contingent contract:

Suppose that a company enters into a contract with a supplier for the delivery of a certain amount of goods. The supplier promises to deliver the goods within a certain time frame, provided that the company pays the agreed-upon price. However, if the goods are destroyed before delivery due to an unforeseen event such as a natural disaster, the supplier is not obligated to deliver them. The contract is contingent on the occurrence or non-occurrence of the uncertain event of the goods being destroyed, and the performance of the contract depends on the occurrence or non-occurrence of that event.

For example, A agrees to pay B a sum of money if it rains tomorrow. This is a contingent contract, as it is dependent on an uncertain future event (rain). If it rains tomorrow, A is obligated to pay B the agreed sum of money. However, if it does not rain, A is not required to pay.

In another example, A agrees to sell a specific piece of land to B if it is not acquired by the government. This is a contingent contract, as it is dependent on an uncertain future event (government acquisition). If the government does not acquire the land, A is obligated to sell it to B. However, if the government does acquire the land, the contract becomes void.

KINDS OF CONTINGENT CONTRACT :

The Indian Contract Act, 1872’s Sections 32 to 36 list several types of dependent contracts, including:

  1. i) According to Section 32. Contracts that are subject to change if a certain event occurs cannot be legally implemented until the event has actually occurred. Such a contract is void if the occurrence becomes improbable.

An agreement to give B a certain amount of money when B weds C is an example. C passes away before getting wedded to B. The agreement is invalid.

.ii) Section 33 states that a contingent contract to do or not do something may be implemented by the law if an uncertain future event does not occur when it becomes impossible for it to occur.

Example: If a specific ship does not arrive, A agrees to give B a certain amount of money. The vessel has sank. When the ship sinks, the agreement can be put into effect.

iii) According to Section 34, if a future event on which a contract is contingent is the course of action that a person will take at an unspecified time, the event will be deemed to be impossible once that person takes any action that makes it impossible for him to take that action within a specific timeframe or absent other contingencies.

Example: If B marries C and C marries D, A agrees to give B a certain amount of money. The union of B and C must now be regarded as impractical, even if D were to pass away and C were to subsequently wed B.

  1. iv) Section 35 states that:- contingent contracts to do or not to do anything if a special uncertain event occurs within as specified time become void if such event has not occurred by the expiration of the time fixed, or if such becomes impossible before the time fixed.

Example: If a specific ship returns within a year, A promises to give B a certain amount of money. If the ship returns within a year, the contract may be put into effect; however, if the ship is burned within that year, the contract is invalid.

  1. v) According to Section 36, agreements that are dependent on the occurrence of an impossible event are void regardless of whether the parties to the contract were aware of the impossibility of the event at the time the contract was made.

EXAMPLE: If two straight lines are to enclose an area, A and B agree to pay each other a sum of Rs. 1000.00. The deal is null and invalid.

Case law related to contingent contracts:

One notable case related to contingent contracts is Fateh Chand v. Balkishan Das (1963), where the plaintiff entered into a contract to sell goods to the defendant, with the delivery of the goods contingent upon the arrival of a ship. The ship was delayed, and the defendant refused to accept the goods. The court held that the contract was contingent upon the arrival of the ship, and since the ship had not arrived, the plaintiff could not perform the contract. Therefore, the contract was void.

A case where contingent contract was the main issue is Ramlal v. Rewa Coalfields Ltd. In this case, the plaintiff entered into a contract with the defendants to transport coal. The contract was contingent on the defendant’s receipt of an order for the coal from a third party. The plaintiff sued the defendants for breach of contract when they failed to provide the coal for transportation. The court held that the contract was a contingent contract, and as the third party had not placed the order, the defendants were not liable for breach of contract.

Conclusion

In conclusion, a contingent contract is a contract that is dependent on the occurrence of an uncertain future event. If the event becomes impossible, the contract becomes void. However, if the event becomes impossible due to the fault of a party to the contract, that party is liable for any damages resulting from such failure.

A contingent contract is a contract that is dependent on the occurrence or non-occurrence of a particular event, and the performance of the contract is not required until that event occurs or does not occur.

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Anticipatory Breach of Contract https://www.internetofeducations.com/anticipatory-breach-of-contract/ Sat, 25 Feb 2023 13:16:14 +0000 https://www.internetofeducations.com/?p=9137

Anticipatory breach of contract with the suitable act, case law, example according to Indian contract act 1872

Introduction:

Anticipatory breach of contract refers to a situation where one party to a contract makes it clear to the other party that they do not intend to perform their obligations under the contract. This is also known as anticipatory repudiation. Under the Indian Contract Act, 1872, an anticipatory breach of contract gives the innocent party the right to terminate the contract immediately and claim damages.

Anticipatory breach of contract with the suitable act, case law, example according to Indian contract act 1872

Section 39 of the Indian Contract Act, 1872, deals with the breach of contract, and it states that when a party to a contract has refused to perform or disabled himself from performing his promise in its entirety, the promisee may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance. In the case of anticipatory breach of contract, the promisor makes it clear to the promisee that they will not perform their obligations under the contract, even before the time for performance has arrived.

For example, if A contracts with B to deliver goods on a certain date, and before the due date, A informs B that they will not be able to deliver the goods, this constitutes an anticipatory breach of contract. B has the right to terminate the contract immediately and claim damages.

Suppose that X agrees to sell his car to Y on a specific date, and Y agrees to purchase it at the agreed price. However, before the date of delivery arrives, X sells the car to Z. This action constitutes an anticipatory breach of contract as X has acted in breach of his agreement with Y before the date of delivery.

REMEDIES FOR ANTICIPATORY CONTRACT BREACH

The following options are open for anticipatory contract breach:

  1. The promisee has the right to sue for breach of contract if they believe there has been a real breach.
  2. The promisee must hold off on filing the lawsuit until after the real date of performance.
  3. Specific performance and injunction: In some cases, a party to a contract may be protected by the alternative relief of specific performance of the contract rather than pursuing damages for a breach of the contract.
  4. Damages: The most frequent remedy open to the injured party is compensation for damages. As a result, the party who was harmed is liable for paying damages to the wounded party. The relevant clauses are incorporated into Sections 73 to 75. It was decided in the Hadley v. Baxendale case from 1854 that the plaintiffs had not informed the defendants of the special conditions. Therefore, the claimants were not qualified to receive the loss compensation. In the 1949 case of Victoria Loundry Ltd. v. Newman Industries Ltd., it was determined that the respondent knew the truth. To determine the damages that will be paid in this case, the case was submitted to the official Referee.
  5. Quantum Meruit: This remedy entitles the injured party to compensation for any portion of the contract obligations that have already been fulfilled before the breach happened.

  The party who is not in default may assert a claim for quantum meruit since it can only be made after the initial contract is discharged.

Case Law:

One notable case related to anticipatory breach of contract is K. R. Bala Subramaniam v. K. S. Rangachari (1968). In this case, the plaintiff had entered into a contract with the defendant for the sale of land. The defendant had paid a part of the purchase price, and the plaintiff had executed a sale deed in favour of the defendant. However, before the final payment was made, the plaintiff informed the defendant that they had sold the land to a third party. The defendant sued the plaintiff for breach of contract. The court held that the plaintiff’s communication amounted to an anticipatory breach of contract, and the defendant was entitled to terminate the contract and claim damages.

One notable case related to the anticipatory breach of contract is Satyabrata Ghose v. Mugneeram Bangur & Co. (1954). In this case, the plaintiff, Satyabrata Ghose, entered into a contract with the defendant, Mugneeram Bangur & Co., for the supply of jute. The contract provided for a shipment of jute from Calcutta to London. Due to the outbreak of World War II, the shipment was delayed, and the plaintiff terminated the contract. The defendant sued the plaintiff for breach of contract. The court held that the contract had been frustrated, and it was not possible to perform it due to the outbreak of the war. Therefore, the plaintiff was not liable for breach of contract.

Another case is Kedar Nath v. Gorie Mohammad (1883) where the defendant agreed to purchase certain goods from the plaintiff on credit. The plaintiff sent the goods to the defendant, but before the defendant could pay for them, he became insolvent. The plaintiff sued the defendant for the price of the goods, but the court held that the defendant’s insolvency was a repudiation of the contract, and the plaintiff was entitled to treat the contract as discharged

Conclusion:

In conclusion, an anticipatory breach of contract occurs when one party to a contract makes it clear to the other party that they do not intend to perform their obligations under the contract. The innocent party has the right to terminate the contract immediately and claim damages.

An anticipatory breach of contract occurs when one party to a contract indicates, either by words or actions, that they will not fulfill their obligations under the contract. The other party to the contract can treat this as a repudiation of the contract and can bring an action for damages. The Indian Contract Act, 1872, provides for remedies in case of anticipatory breach of contract, including the right of the aggrieved party to sue for damages.

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Explain the Privity of Contract with exception with the suitable act, case law, example according to Indian contract act 1872 https://www.internetofeducations.com/explain-the-privity-of-contract-with-exception-with-the-suitable-act-case-law-example-according-to-indian-contract-act-1872/ Fri, 24 Feb 2023 18:12:51 +0000 https://www.internetofeducations.com/?p=9113

Explain Privity of contract with exception with the suitable act, case law, example according to Indian contract act 1872

Introduction:

Privity of contract refers to the principle that only the parties to a contract have rights and obligations under the contract. In other words, only those who are parties to a contract can sue or be sued under the contract. The doctrine of privity of contract is a fundamental principle of contract law, and it is recognized in various legal systems including India.

Essentials of Privity of Contract:

The essentials of privity of contract can be summarized as follows:

  • Only parties to a contract have rights and obligations under it.
  • A third party cannot enforce the contract or claim any rights under it.
  • A third party cannot be held liable for any breach of contract by the parties to the contract.

Privity of contract

Exceptions to the Privity of Contract:

Although privity of contract is a general rule, there are certain exceptions to it. The Indian Contract Act recognizes the following exceptions to the principle of privity of contract:

Contracts for the benefit of third parties: A contract may be entered into for the benefit of a third party, in which case the third party may have the right to enforce the contract.
For example, A contracts with B to deliver goods to C. In this case, C may enforce the contract against A and B.

Agency: Where an agent enters into a contract on behalf of his principal, the principal can sue and be sued under the contract. For example, if A authorizes B to sell goods on his behalf, and B enters into a contract with C to sell the goods, A can sue C for breach of contract.

Trusts: In a trust, the trustee holds the property for the benefit of the beneficiary. The beneficiary may have the right to enforce the terms of the trust, which may include a contract.
Example: Ravi was an illegitimate offspring of Arjun’s father. Prior to his passing, he granted Arjun control of his estate on the understanding that Arjun would give Ravi Rs 500,000 and transfer half of the estate into Ravi’s name once Ravi turned 21.

When Ravi reached that age and inquired about why he hadn’t received the money, Arjun denied providing him his share. Ravi brought a claim for compensation. The judge ruled that Ravi was named as the beneficiary of a trust with a specific sum and percentage of the inheritance. As a result, even though he was not a party to the contract between Arjun and his father, Ravi had the right to suit based on it.

Assignment of rights: A party to a contract may assign his rights under the contract to a third party. In this case, the third party may have the right to enforce the contract against the other party. For example, if A owes money to B, and B assigns his right to receive the money to C, C may enforce the contract against A.

Legal representatives: Where a party to a contract dies, his legal representatives may be bound by the terms of the contract, and may have the right to enforce it.

Acknowledgment of liability: Where a person acknowledges liability for a debt, he may be held liable even if he was not a party to the original contract. For example, if A owes money to B, and C acknowledges that he will pay the debt on A’s behalf, C may be held liable for the debt.
Example : John receives Rs. 1,000 from Peter to compensate Arjun. John confirms receiving the money that will be given to Arjun. He does not, however, compensate him. Arjun has the option of suing John to reclaim the money.

Marriage Settlement: In a marriage settlement, the parties to the contract agree to make provisions for the financial security of the wife. If the husband breaches the terms of the contract, the wife can enforce the terms of the contract against him.
Example : Peter vowed to marry Nancy or pay Rs. 50,000 in damages, according to Nancy’s father. He eventually wed another person, breaking the agreement. Nancy brought a lawsuit against Peter, which the court dismissed because the agreement was a family one with Nancy as the recipient.

Covenants Running with the Land: A covenant running with the land is a promise made between two parties with regard to a piece of land. If the land is sold, the promise made between the two parties remains in force, and the new owner of the land is bound by the terms of the promise.
Example: Peter sold John a piece of property he held with a promise that a specific area would be kept as a public park. Following the terms of the agreement, John ultimately sold the land to Arjun. Even though Arjun was informed of the covenant, he still chose to live there. When Peter learned about it, he accuses Arjun in court. Despite Arjun’s denial of responsibility because he was not a signatory to the contract, the Court found that he had broken the covenant.

Statutory Exceptions: There are certain statutes that provide for third-party enforcement of contracts. For example, the Contracts (Rights of Third Parties) Act, 1999 allows a third party to enforce the terms of a contract if the contract expressly provides for this.
Case laws related to Privity of Contract:

Tweddle v. Atkinson (1861):

In this case, the plaintiff’s father, the groom, and the bride’s father entered into a contract to pay the plaintiff a sum of money on the marriage of the plaintiff and the bride. After the marriage, the defendants refused to pay the plaintiff. The court held that the plaintiff was not a party to the contract, and therefore had no right to sue the defendants.

Shankarlal Narayandas v. Chimandas (1961): 

In this case, the plaintiff entered into a contract with the defendants for the sale of goods. The contract provided that the goods would be shipped by the plaintiff to a third party. The third party paid the defendants for the goods, but the plaintiff did not receive payment. The court held that the third party was a beneficiary under the contract, and had the right to enforce it against the defendants.

Dunlop Pneumatic Tyre Co. Ltd. v. Selfridge & Co. Ltd. (1915): 

In this case, the plaintiff, a tire manufacturer, entered into a contract with a retailer to sell its tires at a discounted price, with the condition that the retailer would not sell the tires below a certain price. The retailer then sold the tires to the defendant, who resold them at a lower price. The plaintiff sued the defendant for breach of contract, but the court held that the plaintiff could not sue the defendant as there was no privity of contract between them.

Conclusion:

In conclusion, the doctrine of privity of contract states that only the parties to a contract can enforce its terms. However, there are certain exceptions to this rule, which allow third parties to enforce the terms of a contract. It is important for parties to a contract to be aware of these exceptions, as they can have a significant impact on their rights and obligations under the contract.

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Quasi-Contract with the suitable act, case law, example according to Indian contract act 1872 https://www.internetofeducations.com/quasi-contract-with-the-suitable-act-case-law-example-according-to-indian-contract-act-1872/ Fri, 24 Feb 2023 16:21:46 +0000 https://www.internetofeducations.com/?p=9064

Quasi contract with the suitable act, case law, example according to Indian contract act 1872

Introduction:

Quasi contract, also known as implied-in-law contract, is a type of contract which is not created by the mutual consent of the parties. Rather, it is imposed by law as a means to prevent unjust enrichment or unjust detriment to any party involved in a transaction. A quasi contract arises when one person has received a benefit from another person, and it would be unjust for the person who received the benefit to keep it without compensating the other person. In such cases, the law steps in and creates a quasi-contractual relationship between the parties.

Quasi contract

The fundamentals of a quasi-contract: Lord Mansfied is regarded as the originator of this agreement. He claims that “natural justice mandates” that no one should obtain an unfair profit at the expense of an equally unfair loss.

This ruling was made in the following case: MOSES v. MACFERLAN: Such action is justified by money that was paid in error, money that was paid for something that didn’t work out, money that was obtained through coercion, extortion, or oppression, or money that was paid with improper understanding of the circumstances. Country to the legislation created for the protection of people in that situation. It is required to return the money by the laws of natural justice and equitable.

QUASI-CONTRACT QUALIFICATIONS:

  1.  These agreements are imposed by law and never made by the persons involved.
  2.  One side must give the other party money.
  3.  This agreement grants one side the right. The other party is not opposed to the globe, once more.
  4.  Only monetary compensation, not liquidated damages, may be claimed. Section 68 to 72 of the Indian Contract Act, 1872, deals with quasi-contracts.

According to Section 68, a person who has received a benefit from another person without any intention to do so is bound to compensate the other person for the benefit received.
The following are the components of Section 68:

  1.  Provision of necessities to someone incapable of entering into contracts
  2.  These items must be for the essential needs.
  3.  The items must be appropriate for minors.
  4.  The supplier has the option of recouping the cost using the minor’s property. Personal culpability is not involved.

It was decided in the 1844 case of Chapple v. Cooper that items considered needs are those without which it is impossible to survive. To a child or insane, necessities like food, clothing, shelter, and medicine are essential. However, it must not be excessive.
Similarly, Section 69 deals with the reimbursement of a person who has paid for another person’s obligations.

Example: “B” is the owner of land in Bengal under a lease from zamidar “A.” Given that A is legally required to pay the government its revenue, the sale’s implications include the termination of B’s lease. B pays the government the amount due from A in order to stop the sale and subsequent cancellation of his own lease. A is required to produce the goods for B at the price paid.

Section 70 provides for compensation for a person who has done something on another person’s behalf,
The following conditions must be met in order for section 70 to apply:

  1.  One person legally works for other.
  2.  The behaviour is voluntary.
  3.  He reaps some rewards for his efforts.
  4.  The recipient of the act benefits from it.
  5.  The act was not performed gratuitously.

Example: A tradesman named “A” accidentally drops off goods at B’s home. B treats the items as if they were his. He must compensate “A” for them.

and Section 71 deals with compensation for the person who has conferred a benefit on a third person means responsibility of finder of goods:

In the following situations, the finder may sell the items:

  1.  When the item is in jeopardy of perish.
  2.  When the owner cannot be located with reasonable diligence.
  3.  When the owner is identified but declines to pay the finder’s legal fees;
  4.  When the finder’s legal fees, in relation to the thing located, equal 2/3 of the item’s value.

Finally, Section 72 provides for compensation for a person who has mistakenly believed that he was entitled to receive a benefit from another person.

Example: B hands over some gold rings, and A, brandishing a gun, takes them. Here, “A” is required by a fictitious contract to provide “B” the gold rings. The definitions of coercion and mistake in section 15 and 20 respectively are identical. There are clauses pertaining to quasi-contracts.

An example of a quasi-contract would be a situation where a person accidentally pays the wrong person for a service, and the person who received the payment did not provide the service. In such a case, the law would create a quasi-contractual relationship between the parties, and the person who received the payment would be obligated to compensate the person who paid for the service.

One of the most significant cases related to quasi-contracts in India is the case of Brij Narain v. Mangla Prasad (AIR 1924 All 1). In this case, the plaintiff had mortgaged a property to the defendant and had defaulted on the mortgage payments. The defendant had taken possession of the property but had failed to account for the rent collected from the property. The court held that the defendant was liable to account for the rent collected and that a quasi-contractual relationship existed between the parties.

Another important case related to quasi-contracts is the case of State of Kerala v. Gwalior Rayon Silk Manufacturing Co. Ltd. (AIR 1972 SC 1636). In this case, the plaintiff had supplied goods to the defendant but had not received payment for the goods. The defendant had claimed that there was no valid contract between the parties. The court held that even though there was no valid contract between the parties, a quasi-contractual relationship existed between them, and the plaintiff was entitled to compensation for the goods supplied.

Conclusion:

In conclusion, quasi-contracts are a means to prevent unjust enrichment or unjust detriment to any party involved in a transaction. These contracts are created by law and impose obligations on the parties involved. The Indian Contract Act, 1872, provides for the various types of quasi-contracts and the obligations that arise from them. The cases of Brij Narain v. Mangla Prasad and State of Kerala v. Gwalior Rayon Silk Manufacturing Co. Ltd. illustrate the application of quasi-contracts in India.

Examples of quasi-contracts include:

Money paid by mistake: If a person pays money to another by mistake, the person who receives the money is obligated to return it to the rightful owner under a quasi-contract.
Work done under compulsion: If a person is forced to perform work under compulsion, they may be entitled to compensation under a quasi-contract.
Payment for goods or services provided without a contract: If a person provides goods or services to another without a contract, they may be entitled to payment for the value of the goods or services under a quasi-contract.
One notable case related to quasi-contracts is Kedar Nath v. Gorie Mohammad (1883), where the plaintiff had paid the defendant for the shipment of goods that were not delivered. The defendant argued that there was no contract between them for the delivery of the goods. The court held that the defendant had received the money as a result of unjust enrichment, and therefore was obligated to return it under a quasi-contract.
Another case is Ram Coomar Coondoo v. Chunder Kant Mookerjee (1876), where the defendant, a Hindu widow, had leased out property that she did not own to the plaintiff. The defendant argued that the lease was void because she did not have the authority to lease the property. The court held that the plaintiff was entitled to compensation under a quasi-contract for the value of the leasehold improvements he had made to the property.

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