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Contract Management: Introduction and Definition of a Contract

Learn about the basic concept of a contract, including promises, agreements, and transactions between two parties. Explore the definition of a contract according to the Indian Contract Act, 1872, and understand the essential elements that make an agreement enforceable by law.

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Questions and Answers

Which law is specifically mentioned in the text as affecting public procurement contracts?

Competition Act, 2002

What is NOT required of a public procurement professional regarding legal expertise according to the text?

Being an expert in labor laws

What does the text suggest about a public procurement professional's knowledge of arbitration laws?

Basic awareness is expected of key laws

Which act is NOT mentioned in the text as relevant to public procurement contracts?

<p>Indian Trusts Act, 1882</p> Signup and view all the answers

What is the expected level of understanding regarding the Indian Contracts Act, 1872?

<p>Basic understanding for compliance</p> Signup and view all the answers

What should a public procurement professional NOT be expected to be according to the text?

<p>Expert in interpreting building codes</p> Signup and view all the answers

According to the Indian Contract Act, 1872, what is the essential requirement for a valid contract?

<p>Free consent of both parties</p> Signup and view all the answers

What would render a contract void under the Indian Contract Act, 1872?

<p>Lack of lawful object</p> Signup and view all the answers

In a valid contract, what should be the intention of the parties involved?

<p>To create legal relationships</p> Signup and view all the answers

What does Section 2(h) of the Indian Contract Act, 1872 define a contract as?

<p>An agreement enforceable by law</p> Signup and view all the answers

Which party in a contract quotes price or charges as consideration for executing work?

<p>The party receiving the proposal</p> Signup and view all the answers

What is a key element that differentiates a contract from an ordinary agreement?

<p>Consideration for each other's promises</p> Signup and view all the answers

In the context of a breach of contract, what must be taken into account when estimating the loss or damage?

<p>The means available to remedy the inconvenience</p> Signup and view all the answers

According to Section 74 of the Indian Contract Act, what is a party entitled to if a contract is breached and a sum is named in the contract as penalty?

<p>Reasonable compensation up to the penalty amount named</p> Signup and view all the answers

What is a person entitled to if they rightfully rescind a contract under the Indian Contract Act?

<p>Compensation for sustained damages</p> Signup and view all the answers

When did the Arbitration & Conciliation Act come into effect?

<p>25.01.1996</p> Signup and view all the answers

Why has arbitration become a preferred option for settling commercial disputes globally?

<p>For quick enforcement of contracts and settlement of monetary claims</p> Signup and view all the answers

What does the amended Arbitration & Conciliation Act stipulate about settlements?

<p>Settlements are encouraged</p> Signup and view all the answers

According to Section 74 of the Indian Contract Act, what is the entitlement for the party complaining of a breach when a sum is named in the contract as a penalty?

<p>Reasonable compensation up to the named amount</p> Signup and view all the answers

In the context of a breach of contract, what must be considered when estimating loss or damage?

<p>The inconvenience caused by non-performance</p> Signup and view all the answers

What is the entitlement of a person who rightfully rescinds a contract under the Indian Contract Act?

<p>Compensation for any sustained damage</p> Signup and view all the answers

What is the effect of naming a sum as penalty in a contract according to the Indian Contract Act?

<p>Caps compensation at the named sum</p> Signup and view all the answers

Why has arbitration become a preferred option for settling commercial disputes globally?

<p>For quick enforcement of contracts</p> Signup and view all the answers

What defines a contract as per Section 2(h) of the Indian Contract Act, 1872?

<p>An agreement enforceable by law</p> Signup and view all the answers

What essential element is required for a valid contract based on the text?

<p>Mutual and lawful consideration</p> Signup and view all the answers

What condition must be satisfied related to the object of a contract to ensure its validity?

<p>It should not be expressly declared void</p> Signup and view all the answers

What distinguishes a contract from an ordinary agreement as per the text?

<p>Legal enforceability</p> Signup and view all the answers

Why should intention to create a legal relationship be present in a contract according to the text?

<p>To establish enforceability by law</p> Signup and view all the answers

What is the key feature of the amendment act mentioned in the text?

<p>Establishment of the Indian Arbitration Council</p> Signup and view all the answers

In what form must an arbitration agreement be according to the text?

<p>Must be in writing</p> Signup and view all the answers

Under what circumstances shall a judicial authority refer parties to arbitration?

<p>When an arbitration agreement exists</p> Signup and view all the answers

What does Section 2(h) of the Indian Contract Act, 1872 define as a contract?

<p>Any enforceable agreement</p> Signup and view all the answers

What is the time restriction for arbitral tribunals to make their award according to the latest amendment act?

<p>12 months for international commercial arbitrations</p> Signup and view all the answers

What is the key difference between a proposal and a promise in the Indian Contract Act, 1872?

<p>The acceptance of a proposal results in a promise.</p> Signup and view all the answers

In the context of the Indian Contract Act, what term defines an act or promise done at the desire of the Promisor?

<p>Consideration</p> Signup and view all the answers

What is the purpose of a Corporate Guarantee as discussed in the text?

<p>Supporting PSUs/CPSEs in obtaining contractual security.</p> Signup and view all the answers

Based on the text, which legal concept forms the foundation for an AGREEMENT under the Indian Contract Act, 1872?

<p>Consideration</p> Signup and view all the answers

What does the Indian Contract Act, 1872 define as a promise accepted by the Promisee?

<p>Promise</p> Signup and view all the answers

What is the primary difference between a public procurement contract and a legal transaction as mentioned in the text?

<p>A public procurement contract is both a commercial and a legal transaction.</p> Signup and view all the answers

Which act is specifically mentioned in the text as being relevant to e-procurement and e-auction?

<p>The Information Technology Act, 2000 (IT Act)</p> Signup and view all the answers

According to the Indian Contract Act, 1872, what must be present for a contract to be valid?

<p>Free consent of all parties involved</p> Signup and view all the answers

What does the Arbitration and Conciliation (Amendment) Act, 2015 amend in relation to disputes settlement?

<p>It provides alternative dispute resolution mechanisms.</p> Signup and view all the answers

In the context of a breach of contract, what aspect should be considered when estimating the loss or damage?

<p>Any loss that is remotely related to the breach</p> Signup and view all the answers

What makes an agreement void according to the Indian Contract Act, 1872?

<p>If the consideration involves injury to the person or property of another</p> Signup and view all the answers

Under what circumstances can an agreement without consideration be valid?

<p>If it is made on natural love and affection between parties</p> Signup and view all the answers

What type of agreements are considered void for uncertainty under the Indian Contract Act, 1872?

<p>Agreements where the meaning is not certain or capable of being made certain</p> Signup and view all the answers

According to the Indian Contract Act, 1872, what must the parties involved in a contract do?

<p>They must perform their respective promises unless excused by any other law</p> Signup and view all the answers

What renders an agreement void under the Indian Contract Act, 1872?

<p>Involving injury to the person or property of another</p> Signup and view all the answers

What is the role of the conciliator as stated in the text?

<p>To assist parties in reaching an amicable settlement</p> Signup and view all the answers

According to Section 73, what happens when the parties reach an agreement on a settlement?

<p>The agreement becomes final and binding on the parties</p> Signup and view all the answers

What is the status and effect of a settlement agreement according to Section 74?

<p>It has the same status and effect as an arbitral award on agreed terms</p> Signup and view all the answers

If parties sign a settlement agreement, what is the outcome according to the text?

<p>The agreement becomes final and binding on the parties</p> Signup and view all the answers

What is necessary for a settlement agreement to be considered final and binding according to Section 73?

<p>It must be signed by the parties involved</p> Signup and view all the answers

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