Contract Law: Express vs Implied Promises

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Questions and Answers

What is the main requirement regarding procurement as per the text?

Verify experience certificates of bidders

Publish tender advertisement in newspapers

Procure only through Central Public Procurement Portal

Procure only through GeM platform (correct)

What change was made regarding tender advertisement publication as per the text?

Made advertisement optional on CPPP

Increased the threshold value for tender advertisement

Published tenders only on the GeM portal

Discontinued advertisement in newspapers (correct)

Why is verification of experience certificates mentioned in the text?

To simplify the bidding process

To check the academic qualifications of bidders

To ensure bidders submit genuine certificates (correct)

To eliminate bidders without experience

What action should bidders take regarding their eligibility documents as per the text?

Show originals to the APO issuing authority Signup and view all the answers

What is the main difference between a 'Contractor' and a 'Supplier'?

The Contractor is legally bound under contract, while the Supplier provides the materials. Signup and view all the answers

What does the term 'Advance Purchase Order' signify in contract management?

The purchaser's intention to place a purchase order Signup and view all the answers

Which platform should tender advertisements be published on according to the text?

GeM portal, BSNL website, e-tendering portal, and CPP portal Signup and view all the answers

What is encompassed within 'Bid Documents/ Tender Documents'?

Specifications of materials or work and detailed diagrams Signup and view all the answers

Why is it important for Ministries/Departments/PSUs to follow the procurement guidelines mentioned in the text?

To ensure transparency and fairness in procurement Signup and view all the answers

Which individual or entity is responsible for providing 'Goods' under the contract?

Supplier Signup and view all the answers

What is the significance of the change made regarding tender advertisement publication?

To align with current practices and technology Signup and view all the answers

How does verifying experience certificates contribute to fair bidding processes?

By preventing submission of fake qualifications Signup and view all the answers

What distinguishes a 'Work Order' from a 'Purchase Order' in contract management?

'Work Order' is signed by the officer in charge of works, while 'Purchase Order' is signed by the supplier. Signup and view all the answers

'Contract Price' in contract management refers to:

Price payable to the supplier for proper performance of obligations Signup and view all the answers

In the context of contracts, what is an implied promise?

A promise made otherwise than in words Signup and view all the answers

According to Section 10, what are the essential ingredients that make an agreement a contract?

Lawful consideration and competent parties Signup and view all the answers

What is the key requirement for someone to be considered competent to contract?

Being a major of sound mind Signup and view all the answers

How is 'consent' defined as per Section 13?

When two or more persons agree on the same thing in the same sense Signup and view all the answers

What does 'free consent' entail as per Section 14?

Is free from coercion, undue influence, fraud, misrepresentation, and mistake Signup and view all the answers

What renders an object lawful in a contract according to Section 10?

When it is not expressly declared to be void Signup and view all the answers

In a contract with reciprocal promises, if one party prevents the other from performing his promise, what is the status of the contract?

Voidable at the option of the party prevented Signup and view all the answers

What entitlement does the party prevented from performing his promise have in a contract with reciprocal promises?

Entitled to compensation from the other party Signup and view all the answers

What must a promisor do if they fail to perform the promise that should be first performed in a contract with reciprocal promises?

Make compensation to the other party Signup and view all the answers

When is a contract voidable at the option of the Promisee in case of failure to perform at a fixed time?

If time is considered essential by the parties Signup and view all the answers

What becomes voidable in a contract when certain things are promised at a fixed time and not done by that time?

The entire contract or unperformed parts Signup and view all the answers

When can a promisor claim performance of a reciprocal promise in a contract with reciprocal promises?

Only after performing their own promise first Signup and view all the answers

What is the consequence for a promisor who fails to perform their promise, making it impossible for the other party's promise to be claimed?

Must make compensation to the other party Signup and view all the answers

What happens if the award is not made within the specified period under sub-section (1)?

The mandate of the arbitrator(s) shall continue till an application is filed with the Court. Signup and view all the answers

When should the Court dispose of an application for extending the period of making the award?

Within 60 days from the date of service of notice on the opposite party. Signup and view all the answers

In case the proceedings are delayed due to the arbitral tribunal, what action may the Court take?

Order a reduction of fees by up to five percent for each month of delay. Signup and view all the answers

What is required for the Court to extend the period for making an award?

Sufficient cause and an application from any party. Signup and view all the answers

Who has the authority to impose terms and conditions if the Court extends the award-making period?

The Court itself. Signup and view all the answers

What action should be taken if any party wants to extend the deadline for making an award?

File an application with the Court. Signup and view all the answers

In case of delays in proceedings, can the Court impose costs on any party?

Yes, on any or all parties involved in arbitration. Signup and view all the answers

What role does the Court play in relation to extension of deadlines by an arbitrator?

The Court has discretionary power to extend deadlines based on sufficient cause. Signup and view all the answers

Study Notes

Procurement Guidelines

The main requirement regarding procurement is to follow the guidelines to ensure fair and transparent processes.
Tender advertisements should be published on the Central Public Procurement Portal.
Verification of experience certificates is essential to ensure bidders have the required experience.

Contract Management

A 'Contractor' provides services, while a 'Supplier' provides goods.
An 'Advance Purchase Order' signifies a payment made before the delivery of goods or services.
'Bid Documents/Tender Documents' encompass all documents required for bidding.

Contract Essentials

A 'Contract Price' refers to the agreed-upon price for goods or services.
An implied promise is an unstated agreement between parties.
For an agreement to be a contract, it must have essential ingredients, including offer, acceptance, consideration, and free consent.
A person must be competent to contract, meaning they must have the capacity to understand the agreement.

Consent is defined as when one person signifies their willingness to do or refrain from doing an act.
Free consent entails that the parties must have the capacity to contract and must not be obtained by coercion, undue influence, misrepresentation, or fraud.

Performance and Breach of Contract

If one party prevents the other from performing their promise, the contract becomes voidable at the option of the party prevented.
The party prevented from performing has the right to claim compensation.
If a promisor fails to perform their promise, they must compensate the other party.

Arbitration and Award-Making

If an award is not made within the specified period, the Court may extend the period.
The Court may impose costs on any party responsible for delays in proceedings.
The Court plays a crucial role in extending deadlines for arbitrators.
Parties can apply to the Court to extend the deadline for making an award.

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Description

Learn about the concept of acceptance in contract law and distinguish between express and implied promises. Explore the significance of performing conditions and receiving consideration in the context of proposals.