Contract Law

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Mistake: Indian Contract Law

There are two types of mistakes in the Indian Contract Law, 1872- Mistake of Fact Mistake of Law Both hold different liabilities and are different in their own sense. Mistake comes under free consent which is defined in Section 14 of the Indian Contract Act[1]. Mistake violates free consent although it may not be anyone’s …

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Fraud

Any deceitful act performed by a person for their own gain can be termed as fraud. Section 17 of the Indian Contract Act, 1872 defines fraud as- “Fraud” means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive …

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Analysis of Section 141 of Indian Contract Act, 1872

Contract of guarantee is a tripartite agreement between the creditor, principal debtor and surety. A contract of guarantee means a contract to enforce third party’s promise or discharge liability if the default made by the second party. In a contract of guarantee, the creditor means a person whom the guarantee was given to another person, …

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The Indian Contract Act, 1872 : Agreement and Contract 

An offer when it is accepted becomes an agreement. But all agreements are not contracts. In order to become a contract, an agreement must be enforceable by law. Therefore, only those agreements which are enforceable by law can result in contracts. Offer + Acceptance = Agreement Agreement + Enforceability = Contract Agreement Under Section 2(e), …

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Capacity to contract with special reference to effects of Minor’s agreement

Capacity to contract as a concept is of a particularly complex nature, considering the number of laws and precedents on it. There are three main incompetent persons to contract and minor is the main focus here. A minor’s agreement is generally void, a principle set by the Mohori Bibee case[1]. No obligation, no estoppel and …

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