A life insurance contract involves the insurance company, the insured, and the beneficiary. Before the promised date, war has been declared against Pakistan. Follow the Contracts on the basis of creation: a Express contract: Express contract is one which is made by words spoken or written. The student will do well to read in this connection what Anson says in regard to the history and development of the doctrines of form and consideration. The Giants created the situation by their devious conduct and, therefore, had no right to obtain relief from a court of equity. Y cannot recover the balance amount from X.
Under different sections of the Contract Act, 1872, the following agreements have been said to be expressly void, viz :- i Agreements made with the parties having no contractual capacity, e. If the plaintiff has acted fraudulently or has taken unfair advantage of superior bargaining power in drafting extremely harsh contract terms with respect to the defendant, the plaintiff has thereby contravened the doctrine of clean hands. For example:- X, a trader, leaves certain goods at house of Y by mistake. Public announcement was withheld until after January 1. Executory Contract An executory contract is one, which is either wholly unperformed, or something remains in there to be done by both the parties to contract. E-Contracts As cloud technology continues to make contracting online more viable and secure, new legislation has specified the requirements of using paperless technology to manage contracts. Void contracts: A void contract is a contract which is not enforceable by law.
Classification of the contract is always important took to foresee the future of a particular contract. Thus, illegal agreements are always void — ab- initio i. Because Flowers wanted to play in the Sugar Bowl on January 1, 1960, he and the Giants agreed to keep his signing of the contract confidential, deceiving his college, the opposing team, and the football public in general. A negotiable instrument is a legal contract that states the amount of a fixed payment to be made. Formal and Informal Contracts With formal and informal contracts, a formal contract is written, and is either sealed, a negotiated instruments contract, or a recognizances contract. Damages are inadequate if the estimate is difficult to make, such as in a requirements contract—a written agreement whereby one party assents to purchase from the other all the merchandise of a designated type that he might require for his business. X has paid cash and Z has delivered bicycle to the former.
The determining factor is whether, in equity and good conscience, the court should specifically enforce the contract because the legal remedy of monetary damages would inadequately compensate the plaintiff for the loss. This will be discussed later. The terms of the contract must be definite and certain. Textbook Go to your textbook and read the chapter on contracts. The doctrine of clean hands is a defense in an action for specific performance.
Supervision of Performance As a general rule, equity will not order acts that it cannot supervise. If Y decides to avoid the contract he will have to return Rs. Contracts of insurance, indemnity and guarantee are the commonest instances of a contingent contract. Rahim has to refund the advance received from Ram. Contracts may be classified in terms of their mode of formation, performance or execution and validity of enforceability.
For example, by getting into a taxi and asking the driver to drive you to a specified location, you have entered into a contract with the driver of the taxi. The contract is voidable at the option of A, and he may put an end to this contract if he so decides. If one or more parties fails to perform on the terms negotiated in the agreement, damages are owed to the other party. B is not aware of the repayment by A. The Contracts which are collateral to illegal contract are void, But the contracts which are collateral to Void contract may be Valid: An illegal makes not only itself Void but also the contracts connected to it. As explained in the discussion of the case of Charles Flowers, a court will deny specific performance if the plaintiff has acted in bad faith or fraudulently in the same transaction for which he is seeking relief. A promise is said to be an express promise, when the offer or acceptance of any promise is made in words.
Specific performance can be granted only by a court in the exercise of its powers, subsequent to a determination of whether a valid contract that can be enforced exists and an evaluation of the relief sought. Valid Contract The remedy of specific performance presupposes the existence of a valid contract between the parties to the controversy. Such a contract arises, for example, when one person, without being requested to do so, renders services under circumstances indicating that the expects to be paid for them, and the other person, knowing such circumstances accepts the benefit of those services. In case of his repudiation, he has to refund the amount Rs. For example:- X promise to sell his scooter to Y for Rs. When all the essentials of a valid contract that are laid down in Sec. In both the examples, the contract is valid at the time of formation.
Formal contracts In forming contracts, the law will sometimes require the terms to be expressed in a formal manner. A contract can be either executed or executor. Contract made under a mistake of fact material to the agreement on the part of both the parties. Validity of these contracts depends upon their form and they are valid even without consideration. The law infers or recognizes a contract under special circumstances. Method of formation As we have seen, a contract is formed when two or more parties agree to do something enforceable by law. This knowledge does not enable the decryption of the message.
The defendant can also be cited for civil contempt for continuing to refuse to obey the order and can be incarcerated until she agrees to obey it. The technicality of law relies on careful observation and dealing contract according to their classification. The agent and the seller agree that 25% annual appreciation would work, even though this figure is four times actual rates. Example: Sameer offers to sell his car for Rs. A void able contract is one which can be avoided and satisfied by some of the parties to it. For example, rights under a contract may be assigned to a third person.