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What are the essential elements of a valid contract?
What are the essential elements of a valid contract?
Offer, acceptance, intention to create legal relations, consideration, and capacity.
What is the classification of contracts?
What is the classification of contracts?
Contracts can be classified as unilateral, bilateral, express, implied, void, voidable, and contingent.
What provisions are included under capacity to contract?
What provisions are included under capacity to contract?
Minors, individuals of unsound mind, and disqualified persons cannot enter into a valid contract.
What are the rules regarding valid acceptance?
What are the rules regarding valid acceptance?
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What is the discharge of a contract due to impossibility of performance?
What is the discharge of a contract due to impossibility of performance?
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What are the different types of agreements declared void?
What are the different types of agreements declared void?
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What is the difference between undue influence and coercion?
What is the difference between undue influence and coercion?
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What are the rules of a contingent contract?
What are the rules of a contingent contract?
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What are the essential elements of a contract of guarantee?
What are the essential elements of a contract of guarantee?
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What is the difference between a contract of guarantee and a contract of indemnity?
What is the difference between a contract of guarantee and a contract of indemnity?
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What are the different types of agents?
What are the different types of agents?
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What are the essential elements of a contract of bailment?
What are the essential elements of a contract of bailment?
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What are the essential elements of a contract of sale?
What are the essential elements of a contract of sale?
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What is the doctrine of Caveat Emptor?
What is the doctrine of Caveat Emptor?
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What are the implied conditions under the Sale of Goods Act?
What are the implied conditions under the Sale of Goods Act?
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What is the difference between a sale and a hire-purchase agreement?
What is the difference between a sale and a hire-purchase agreement?
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What is the difference between a promissory note and a bill of exchange?
What is the difference between a promissory note and a bill of exchange?
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What are the essential elements of a promissory note?
What are the essential elements of a promissory note?
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What are the characteristics of negotiable instruments?
What are the characteristics of negotiable instruments?
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What are the different types of cheques?
What are the different types of cheques?
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Study Notes
Contractual Elements
- Offer and Acceptance: A valid contract requires a clear offer by one party and an unconditional acceptance by the other.
- Consideration: Both parties must provide something of value in exchange for the other's promise. This can be a tangible item, a service, or a forbearance.
- Capacity: Both parties must have the legal capacity to enter into a contract, meaning they must be of sound mind and not disqualified by law (e.g., minors, those with mental incapacities).
- Legality: The purpose of the contract must be legal and not against public policy.
- Free Consent: The contract must be entered into freely and voluntarily, without any undue influence, coercion, or misrepresentation.
Contractual Classification
- Bilateral and Unilateral: Bilateral contracts involve mutual promises, while unilateral contracts involve a promise in exchange for an action.
- Express and Implied: Express contracts are explicitly agreed upon, while implied contracts are inferred from the parties' conduct.
- Valid, Void, and Voidable: Valid contracts meet all legal requirements, void contracts are unenforceable from the beginning, and voidable contracts can be terminated by one party due to a legal defect.
Discharge of Contract
- Performance: Fulfillment of the contractual obligations by both parties.
- Agreement: Mutual consent to terminate the contract.
- Impossibility: Circumstances beyond the parties' control make performance impossible.
- Breach: One party fails to fulfill their contractual obligations.
- Frustration: An unforeseen event renders the original purpose of the contract impossible or radically different.
Void Agreements
- Agreements without consideration: Promises without any value exchanged are void.
- Agreements against public policy: Contracts that promote illegal or harmful activities.
- Agreements restraining legal proceedings: Contracts that prohibit someone from pursuing legal remedies are usually void.
Contract of Guarantee
- Essential Elements: A promise by a guarantor to pay another party's debt if the primary debtor defaults. It requires a primary debt, a guarantor's promise, and consideration.
- Difference from Contract of Indemnity: A contract of guarantee involves a promise to pay a debt IF a default occurs, while a contract of indemnity covers any loss or expense incurred, regardless of whether a default occurs.
Sale of Goods
- Essential Elements: A transfer of ownership of specific goods for a price.
- Caveat Emptor: "Let the buyer beware." The buyer is responsible for examining and assessing goods.
- Implied Conditions: Specific expectations that apply within the Sale of Goods Act, ensuring certain aspects of the goods (quality, fitness for purpose, correspondence with description).
Negotiable Instruments
- Characteristics: These instruments (like bills of exchange and promissory notes) can be transferred freely without any need for the approval of the original parties.
- Promissory Note: A written promise to pay a specific sum of money to a specific person on a specific date.
- Bill of Exchange: A written order by a drawer to a drawee to pay a specific sum of money to a payee on a specific date.
- Types of Cheques: Demand cheques (payable immediately), post-dated cheques (payable on a specific date in the future), bearer cheques (payable to the person possessing the cheque), order cheques (payable only to the specific person named).
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Description
This quiz explores the essential elements of contracts, including offer and acceptance, consideration, capacity, legality, and free consent. It also differentiates between bilateral and unilateral contracts as well as express and implied contracts. Test your understanding of these crucial concepts in contract law.