Illegal agreements are void – ab-initio which cannot be enforced by law at any time whereas void agreement need not be void-ab-initio, such agreements could become un-enforceable by law later. If you’re as passionate about career growth as you are about helping others, you’ll fit right in with us. Who can demand for the performance of Contract? Mistake must relate to present or existing fact. The guilty person has the knowledge of truth. Later ‘B’ agrees to pay Rs.1000/- to ‘A’ for the service. Such position is put under the category of “ Quasi- Contract” or relation resembling to those contract. EXAMPLE :- A singer enters into a contract with B the manager of theatre to sing at his theatre for two nights in every week during the next two months and B agrees to pay her Rs.1000/- for each night’s performance. ii) Section 33 says : contingent contract to do or not to do anything, if an Uncertain future even does not happens can be enforced by law when the happening of that event becomes impossible. One party is bound to pay money to other party. 2. Faculty of Law, UNAM, Windhoek, Namibia. Specific performance and Injuction : sometimes a party to the contract instead of recovering damages for the breach of contract may have protection to the alternative remedy of specific performance of the contract. Voidable u/s 19.2. If it is with his father then it has no value even to think over it. How does the Public Policy Effect he consideration? EXAMPLE: – A agrees to B, a sum or Rs.1000.00, if two straight lines should on close a space. (Note that in addition, the wife had not provided any consideration.) Area of agreement is very wide as it can be any type legal, moral etc. 4. Other passengers on Konkordium were groups of students who were always drunk, swearing, shouting and playing loud music. Illegal agreements are such agreements whose consideration and object are not lawful i.e. ‘The foundation of consideration is unconscionability and promissory/proprietary estoppel is the best example of this. You have entered an incorrect email address! According to Sec.21 of the Indian Contract Act which lays that mistake of law of country is not excusable i.e. Thus if such relationship is proved by the pt. Fiduciary Relationship :- 1. Answer : INTRODUCTION : The consideration has important place in contract. Comments. The relative of the dead threaded the widow to adopt a boy otherwise they will not allow her to remove the dead body of her husband. Was employed in the court of UP. Answer – INTRODUCTION:- All agreements are not contracts. A is bound to make goods to B the amount so paid. Generally in most contracts rights of parties are enforced immediately after the execution of contract, but sometimes there are contracts whose enforcement depends upon happening or non-happening of an event. FRAUD & MISREPRESENTATION DIFFERENCE BETWEEN. Such agreements are mentioned in section 23 of the Indian Contract Act 1872. One or both of the parties may be working under same. The public policy does not have any universal definition, but several judicial decisions have considered following things to be against public policy :-. It is a confusing term. 7. The doctrine of restitution should apply whether the minor had taken the goods or money. Representation must have been made by the Party or by his agent: The representation must have been made knowing that it is false without knowing its truth. AGREEMENT :- Agreement Section 2(e) “Every promise or set of promises forming the consideration with each other, is an agreement”. Hence illegal agreement contains implicitly the element of illegal agreement. 1. Instead she decided to accept Siobhan’s tender. Any is presented as such presented as such whereas it does not came out to be true. Innocent Misrepresentation: When false statement is made innocently then it is Misrepresentation. Ugo does not see or read the terms and conditions before sending in the requested information. There was the duty of the party to disclose the fact of deed. Past consideration is the consideration for the service or promise performed in past. This suit was opposed by Money lender by saying that the above contract being voidable, he has the right to receive the amount of the loan under section 64 and 65 of India Contract Act, 1872 i.e. Study notes contract law 1. Any breach of duty which without an intention to deceive gains an advantages to the person committing it. The correct amount is clearly visible from the statements but Valentina does not notice the mistake. Mistake of Foreign Law and Mistake as to individual rights. 2. All above agreements are void because they cannot be enforced by law. ¾. Whether silence amounts to fraud? He wants a leave. In case of Mohiri Bibi vs Dharmodas Ghosh (1903) A minor Mr. Dharmodas Ghosh executed a mortgage documents for Rs.20,000.00 in favour of a money lender Sh. Such contract gives right to one party. In case of, Ms.S.Dey Forments Industrial Ltd v/s Ravindera Nath S.Kamath 1999, It was held that where any person is appointed in a company as an advisory and a condition is laid that he shall not act anywhere during his service, there such an agreement shall not be void. Thus, formation of a contract there must be an agreement, and the agreement should be enforceable by law. In such mattes, promise cannot enforce performance from promisor under section 41 of the Indian Contract Act. In case of Gujrat Bottling Co. Ltd. v/s Coca Cola Co. 1995, It was held that provisions related o agreement in restraint of trade shall not apply in such matters in which are prohibited only for the time of existence of contract. Author(s): Monika … These agreement are never made by parties but imposed by law. Write CSS OR LESS and hit save. Not excusable i.e consideration forbidden by law to pay to B got Rs.1500/- or %. That which is against the property of any other tender received ” by post a discounted price of for... Context, a contract after paying a discounted price of £4000 for five persons the foundation upon the. The element of a contract is mostly self-regulatory, with case laws prevent sale. The partition among themselves of the opinion that still the Specific Relief Act should law of contract notes whether the minor informed Attorney! 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