This case[1] is originally an appeal of its original case with the same name, its judgement being passed in 1973. It basically revolves around Section 226 of the Indian Contract Act and Section 19 of the Indian Limitation Act. The trial court in the original case misinterpreted the concept of the Limitation Act. Hence, the …
Case : Nand Lal Thanvi v. Legal Representatives of Goswami Read More »
The case of Nabha Power Ltd. v Punjab State Power Corporation Ltd. [1] is of remarkable significance in the domain of Law of Contracts. After a comprehensive analysis of domestic and international jurisprudences, the court elucidated the methodology for the interpretation of implied terms in a contract. The Court opined in the concerned case, a …
Nabha Power Ltd. V. Punjab State Power Corporation: Case Comment Read More »
Meaning Of Misrepresentation In contract law, misrepresentation is a statement made by one contracting party to the other which is not true, and which encourages the other contracting party to enter into the contract. Misrepresentation is of two kinds, being either fraudulent or innocent; that is to say, it may either amount to a wilful …
A lease is an agreement under which certain rights are transferred from an owner of a property to the lessee. It is either for a fixed period of time or for forever. Under this, all rights are not transferred permanently only partial transfer takes place.[1] Under this, ownership remains with the owner or lessor however …
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 …
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 …
In the business world, a contract plays an important role. Contracts are the assurance to both the parties that they will get their work done without fail and if either one of the parties doesn’t perform the duty they are bound to perform as per the contract. They have to pay the damages for the …
Breach of contract and remedies available for it Read More »
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, …
Analysis of Section 141 of Indian Contract Act, 1872 Read More »
With the changing times and advancements in technology, more and more companies and firms started to show up and it has become really important to regulate the functioning of these firms in India. Hence, the Indian Partnership Act, of 1932 was brought into the picture. It is a well-known fact that Indian law is influenced …
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), …
The Indian Contract Act, 1872 : Agreement and Contract Read More »