Contract Law Overview

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Questions and Answers

What is the term for the person who makes an offer in contract formation?

  • Offeror (correct)
  • Offeree
  • Promisor
  • Acceptor

What does 'consensus ad idem' refer to in the context of a valid agreement?

  • Legal obligation
  • A written contract
  • Similarity of minds (correct)
  • Presence of an offeror

An agreement concerning a social outing does not become a contract because it lacks what element?

  • Consensus ad idem
  • Offer and acceptance
  • Enforceability by law (correct)
  • Witnesses

If two parties involved in an agreement have different understandings of the subject matter, what will be the effect on the agreement?

<p>The agreement is void (C)</p> Signup and view all the answers

What is required for an agreement to be considered a legally enforceable contract?

<p>Enforceability by law (A)</p> Signup and view all the answers

Which of these is an example of an agreement that is NOT a legally enforceable contract?

<p>Agreement to go for a walk together (B)</p> Signup and view all the answers

All contracts are agreements, but all agreements are NOT necessarily contracts because:

<p>Some agreements are only social. (B)</p> Signup and view all the answers

What is a key characteristic that distinguishes a business agreement from a social agreement?

<p>The intention to create legal obligations (C)</p> Signup and view all the answers

An agreement that restricts a person's ability to marry is considered:

<p>Void, as it is against public policy. (B)</p> Signup and view all the answers

In the case of Carew Co Ltd. v North Bengal, the agreement between two sugar manufacturers to allocate zones for procuring sugarcane was deemed:

<p>Void, due to its nature as a restriction of trade. (D)</p> Signup and view all the answers

If an agreement lacks clarity about the subject matter, such as failing to specify the type of oil in a sale, the agreement is:

<p>Void, due to the lack of certainty. (B)</p> Signup and view all the answers

An agreement to perform an impossible task, such as bringing a dead person back to life, is:

<p>Void, due to the impossibility of performance. (B)</p> Signup and view all the answers

Which is generally true regarding the form of a contract under the Indian Contract Act?

<p>Contracts can be oral, unless specified by law to be in writing. (A)</p> Signup and view all the answers

Under what circumstance is mere silence considered to be fraudulent?

<p>When the circumstances of the case impose a duty to speak, or when silence itself is equivalent to speech. (C)</p> Signup and view all the answers

Which of the following is considered a valid contract?

<p>An agreement where all the conditions are prescribed by law and is enforceable. (D)</p> Signup and view all the answers

An agreement to restrict a person from engaging in their trade or profession is generally considered:

<p>Void, as it is against fundamental rights to carry business. (C)</p> Signup and view all the answers

Lalit sells a horse to Bablu knowing it is unsound, but says nothing. Is this considered fraud?

<p>No, because mere silence about a fact is not fraud unless certain conditions are met. (B)</p> Signup and view all the answers

Apple and Banana are traders, Apple has information that would affect Banana's willingness to contract. Is Apple bound to inform Banana?

<p>No, because Apple's silence is not equivalent to speech and there is no duty to inform. (B)</p> Signup and view all the answers

Which of these correctly identifies the legal status of a wagering agreement?

<p>Void and therefore illegal. (C)</p> Signup and view all the answers

Bheem says to Ajay, 'If you do not deny it, I shall assume that the horse is sound.' Ajay says nothing. Is this an instance of fraud?

<p>Yes, because Ajay's silence is an indication of agreement with Bheem, which is fraudulent if the horse is not sound. (A)</p> Signup and view all the answers

Under what circumstance is a contract void due to bilateral mistake?

<p>When both parties believe the contract can be performed, but it is impossible. (D)</p> Signup and view all the answers

Which of the following exemplifies physical impossibility in a contract?

<p>A contract made for a building which has been destroyed by fire, unbeknownst to both parties. (A)</p> Signup and view all the answers

According to the material, what are the rights of an aggrieved party in cases of fraud?

<p>The aggrieved party can avoid the contract, affirm it and request to be put in the original position, or claim damages. (D)</p> Signup and view all the answers

What is a unilateral mistake?

<p>A mistake about a contract term that is only made by one party. (D)</p> Signup and view all the answers

A company issues a prospectus with false information about its wealth. A share broker purchases shares. What recourse does the share broker have according to the material?

<p>The share broker can avoid the contract because the false statements constitute fraud. (D)</p> Signup and view all the answers

What is the key distinction between fraud and misrepresentation?

<p>Fraud involves intentional falsehood, whereas misrepresentation involves unintentional falsehood. (D)</p> Signup and view all the answers

Under what circumstance, is a unilateral mistake allowed as a defense to avoid a contract?

<p>When the mistake resulted from the other party's fraudulent actions. (D)</p> Signup and view all the answers

According to the content, what happens when a person makes a unilateral mistake about the nature of the contract they are signing?

<p>The contract is automatically void. (A)</p> Signup and view all the answers

If a person makes a false statement believing it to be true, is it an instance of fraud or misrepresentation?

<p>It is considered misrepresentation, due to the unintentional nature of the false statement. (C)</p> Signup and view all the answers

If someone intends to contract with 'Backbone', but mistakenly contracts with 'Chin', when would the contract be considered void?

<p>If the identity of 'Backbone' was a material element of the contract and 'Chin' knew it. (A)</p> Signup and view all the answers

Which option best describes a legal impossibility?

<p>A contract impossible to perform due to a recently passed law. (D)</p> Signup and view all the answers

According to the provided content, what was the legal outcome in the Foster v. example, when an old man of poor sight endorsed a bill of exchange whilst thinking it was a guarantee?

<p>There was no contract because his mind did not accompany the signature. (C)</p> Signup and view all the answers

In which scenario are damages for loss of reputation typically recoverable?

<p>When a banker wrongfully dishonors a customer's check. (B)</p> Signup and view all the answers

What is the primary determinant when assessing damages for inconvenience and discomfort?

<p>The extent of physical inconvenience and discomfort experienced. (B)</p> Signup and view all the answers

What does the term 'liquidated damages' refer to in contract law?

<p>A pre-agreed amount of compensation payable in the event of a breach. (B)</p> Signup and view all the answers

In the case of the surveyor 'Table' and 'Chair', what type of damages would 'Chair' most likely be awarded?

<p>Damages for his physical discomfort and hardship. (B)</p> Signup and view all the answers

What is a key characteristic of liquidated damages?

<p>They are a genuine pre-estimate of the damages agreed upon by the parties. (D)</p> Signup and view all the answers

If 'Preety' caused damage to the Railway, what kind of damages would the Railway likely be eligible to claim from her?

<p>Only nominal damages for the breach. (B)</p> Signup and view all the answers

Besides damages for inconvenience and loss of reputation, which of these are claimable in the event of a breach of contract?

<p>Difficulty of assessment and cost of a decree. (B)</p> Signup and view all the answers

What does it mean when damages that are 'difficult of assessment' can still get claimed?

<p>Even if damages are difficult to calculate, they can still be awarded. (B)</p> Signup and view all the answers

In the Alwar Shetty (1889) case, what was the primary factor that invalidated the young girl's consent?

<p>The use of coercion by relatives to obtain her consent. (C)</p> Signup and view all the answers

In the case of Muthta v. Muthu Karuppa (1927), what made the release deed voidable?

<p>The coercion exerted by holding back business records. (B)</p> Signup and view all the answers

According to the provided text, what is the legal implication of a threat to commit suicide in the context of contract law?

<p>It is legally considered as an act of coercion. (A)</p> Signup and view all the answers

In the case of ChikhamAmiraju v. Seshamma (1917), what was the basis for invalidating the release deed?

<p>The coercion resulting from a threat of suicide. (A)</p> Signup and view all the answers

What does the text define as 'duress' in the context of coercion?

<p>Actual or threatened violence against a person or specified relations. (B)</p> Signup and view all the answers

In the case of Xavier kidnapping David's son, why is the promissory note not enforceable?

<p>Because David's consent was obtained through coercion. (B)</p> Signup and view all the answers

According to Section 19, what is the primary effect of coercion on an agreement?

<p>It makes the agreement voidable at the option of the aggrieved party. (B)</p> Signup and view all the answers

If a person has paid money under coercion, what legal obligation do they have?

<p>They are legally obligated to repay the money under coercion. (B)</p> Signup and view all the answers

Flashcards

Offeror

The person who makes an offer in a contractual agreement.

Offeree

The person to whom the offer is made in a contractual agreement.

Acceptance

When the offeree signifies assent to the offer, confirming the agreement.

Consensus ad idem

The identity of minds; agreement on the same subject matter.

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Void Agreement

An agreement lacking consensus ad idem, making it unenforceable.

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Enforceable Agreement

An agreement that creates legal obligations and can be upheld by law.

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Legal Obligation

A responsibility that arises from a valid contract, enforceable by law.

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Contract vs. Agreement

All contracts are agreements, but not all agreements are contracts; legal intent is required.

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Restraint of Trade

Agreements restricting one's freedom to engage in a trade or business.

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Certainty of Meaning

The requirement that contract terms must be clear and unambiguous.

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Example of Uncertainty

An agreement void due to vague terms, like not specifying the type of oil.

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Possibility of Performance

Agreements that cannot be legally or physically performed are void.

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Legal Formalities

Certain contracts must be in writing to be enforceable, like property sales.

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Valid Contract

A contract that meets all legal conditions and is enforceable by law.

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Example of Valid Contract

Suman offers to buy Devansh’s bike for ₹80,000, and Devansh accepts.

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Consent under Coercion

Consent that is induced by threats or force and is not freely given.

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Muthta v. Muthu Karuppa

A case where a release deed was deemed voidable due to coercion.

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Threat of Suicide

A threat to commit suicide considered as coercion affecting legality of agreements.

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Chikham Amiraju v. Seshamma

A case demonstrating the impact of suicide threats on legal agreements.

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Duress

Actual or threatened violence to induce consent to an agreement.

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Threat to property

Threats aimed at property do not qualify as duress under law.

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Effect of Coercion

Agreements made under coercion are voidable at the aggrieved party's option.

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Repayment under Coercion

Any payment made or delivered under coercion must be returned if the agreement is voided.

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Bilateral Mistake

Both parties mistakenly believe a contract can be performed when it cannot.

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Physical Impossibility

A contract is void if the object of agreement cannot be physically performed.

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Legal Impossibility

A contract is void if it requires an act that is illegal or cannot be done by law.

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Unilateral Mistake

A contract is not voidable due to a mistake made by only one party.

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Exceptions to Unilateral Mistake

Certain errors can void a contract, like mistakes about identity or nature of contract.

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Mistake as to Identity

A contract is void if a party mistakes who they are contracting with.

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Mistake about Contract Nature

A contract is void if one party misunderstands the type of agreement being made.

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Silence as Fraud

Mere silence regarding contract facts is not fraud unless duty to speak exists.

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Statutory Exceptions

Exceptions where silence can be considered fraud include a duty to speak or silence equating to speech.

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Fraud Effect

Aggrieved parties can rescind or affirm contracts and claim damages if fraud exists.

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Example of Fraud

A seller knowing a horse is unsound yet selling it without disclosure is not fraud.

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Misrepresentation Defined

A false statement made by someone who believes it to be true is misrepresentation.

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Fraud vs. Misrepresentation

Fraud involves intentional falsehood; misrepresentation can be honest but incorrect.

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Case of Ajay and Bheem

Bheem assumes a horse is sound by Ajay's silence, constituting fraud.

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False Prospectus Example

A broker can avoid a contract if misled by fraudulent company prospectus.

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Nominal Damages

A small amount of damages awarded when a breach occurred, but no significant loss was proven.

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Damages for Loss of Reputation

Damages not recoverable, except for bankers dishonoring cheques where larger amounts can mean larger damages.

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Damages for Inconvenience

Compensation recoverable for physical inconvenience and discomfort due to breach of contract.

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Chair vs. Table Case

Chair could claim damages for physical discomfort caused by misleading information about a property.

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Liquidated Damages

Monetary compensation agreed in advance for breach of contract; reflects a pre-estimate of damages.

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Mitigation of Damages

The obligation to minimize the losses suffered due to breach of contract.

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Cost of a Decree

Expenses incurred to enforce a court judgment related to a contract breach.

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Difficulty of Assessment

Challenges in determining the actual damages incurred due to a breach of contract.

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Study Notes

Offer and Acceptance

  • An offeror makes an offer, and the offeree accepts it.
  • Consensus ad idem (similarity of minds) is crucial; both parties must agree on the same thing.
  • If there's a difference in understanding (e.g., offer for one house, acceptance for another), the agreement is void.
  • An agreement must be enforceable by law to be a contract.

Agreements and Contracts

  • Not all agreements are contracts. Social agreements (e.g., going for a stroll) lack the intent to create legal obligations.
  • Business agreements typically intend to create legal obligations.
  • Certain agreements are expressly declared void by the Indian Contract Act (Sections 24-30), including those in restraint of trade or legal proceedings.

Certainty and Possibility

  • Contract wording must be clear and unambiguous. Uncertainty renders an agreement void.
  • An agreement must be possible to perform; impossible contracts are unenforceable.
  • Contracts don't need to be written, but certain agreements, like those for immovable property, require written and registered form.

Types of Contracts (Validity)

  • Valid Contract: Meets all legal requirements, enforceable.
  • Void Contract: Does not have legal effect from the start either because of lack of consensus or some other factors.

Coercion

  • Coercion: Involves the use or threat of violence (or threats to property) to force someone into an agreement.
  • Threats of suicide constitute coercion.
  • An agreement made under coercion is voidable (can be cancelled).
  • If money or property was exchanged under coercion, it must be returned.

Fraud

  • Fraud: A dishonest act with intent to induce a person into a contract.
  • Mere silence, even about important facts, isn't necessarily fraud unless special circumstances exist (duty to speak or silence equivalent to speech).
  • Examples: a seller concealing a horse's unsoundness vs. buyer explicitly relying on seller's silence for assuming soundness
  • Fraud makes the contract voidable.

Misrepresentation

  • Misrepresentation: False statement believed to be true (or unknowingly false), making the contract voidable.
  • Parties may not use unilateral mistake as a defense, except in specific cases where mistake is fundamental (e.g., mistake about the person or the nature of a contract.).

Bilateral Mistake and Impossibility

  • Physical impossibility: A contract is void if performance isn't possible (e.g., a cancelled procession).
  • Legal impossibility: A contract is void if it demands an illegal action.

Unilateral Mistake

  • Unilateral mistake: A mistake by one party, typically not a valid defence for avoiding a contract.
  • Exceptions exist for fundamental and material mistakes. If one party knows of the mistake of the other party, the contract is void

Damages in Breach of Contract

  • Loss of reputation damages: Generally not recoverable (except for a banker who dishonours a cheque)
  • Inconvenience and discomfort damages: Recoverable for physical hardship
  • Difficulty of assessment; mitigation of damages; cost of decree: Other factors in assessing damages.
  • Liquidated damages: Pre-agreed damages in case of contract breach. This is a valid estimate, rather than a penalty.

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