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The definition of free consent is stated in Section 13 of the Indian Contract Act, which reads, “It is when two or more individuals agree on the same item and within the same sense.” As a result, the two persons must agree on something in the same meaning. Let’s have a look at an example. […]
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Force Majeure is a French term that means “an event or effect that can neither be anticipated nor controlled”. Some lawyers or authors define force majeure as “An act of God”, this French term literally means “superior forces”. In law, it includes all kinds of acts of God, Unavoidable Disasters. These also include natural disasters, […]
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INTRODUCTION Presently, with modern advancements in the fields of digital technologies, telecommunications technology, software, and IT, people’s living standards have changed in an unprecedented manner. The contact is no longer limited due to the environment and time restraints. Data is passed on and processed quickly and quicker than ever before. And this is where e-commerce […]
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Introduction The headway of digital technology has been probably the best creation of the human psyche. Innovation has cleared a path for a wide scope of potential outcomes in different regions like media, entertainment, communication, advertisements, and education. However, the simplified approach to the internet for any kind of information or work has given rise […]
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“The rule of instantaneous communication is different from the rule about the post. The contract is only complete when the acceptance is received by the offerer and the contract is made at the place where the acceptance is received”[1] Introduction With the advent of the modern era, the use of e-contract is surging. E-contract is […]
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INTRODUCTION According to Section 2(h) of the Indian Contract Act, 1872, a contract is an agreement which is enforceable by law. When a party makes an offer and the other party assents to the offer, an agreement arises and which can be enforceable by law. To make an agreement enforceable by law, some essentials have […]
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Contingent contracts refer to contracts in which the promisor will perform his obligation only when a collateral condition(s) are met. Some examples of the same are contracts of insurance, guarantee, and indemnity. Section 31 lays down that a contingent contract is a contract to do or not to do something, if some event, collateral to […]
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Novation means substitution of an existing contract with a new one. A contract may be terminated by mutual agreement between the parties. When a new contract replaces the existing one by agreement between the parties, the already existing contract is thereby discharged. Thus, it is also a method of discharge of contract. Once the existing […]
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The term ‘wager’ means a bet. Wagering agreements means an agreement by which one person agrees to pay money or money’s worth to another on happening or non-happening of a future and uncertain event. Under Sec. 30 of the Indian Contract Act, 1872, agreements by the way of wager are void. It cannot be enforced […]
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Concept of Bailment We witness bailment in our every day lives whether we are not familiar with the term or not. The concept of bailment is applied when we perform our daily lives errands like hiring some tools, give or take appliances for repairing, gratuitously take people’s stuff for safekeeping, etc. So today we take […]
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Coercion means forcing a person to enter into a contract. Under Sec. 15 of the Indian Contract Act, 1872, any of the following act will amount to coercion: Committing an act forbidden by the IPC Threatening to commit an act forbidden by IPC Unlawful detaining of property of a person Threatening to detain the property […]
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Introduction to Doctrine of Frustration In some cases, the performance of a contract becomes impossible; the purpose which the parties have in mind is frustrated. At the formation of a contract, parties seek that performance is possible but subsequently may become impossible to perform due to supervening events. Thus, the contract becomes void and the […]
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