Viability of Section 74 of the Indian Contract Act in the Present Commercial Context

S.no Contents 1. Introduction 2. Definition of Section 74 of the Indian Contract Act 3. Time Aspects and Other Dispositions 4. Importance of Penalties 5. Jurisdiction of Section 74 of the Act 6. Analysis of Section 74 of the Act 7. Principal of Mitigation 8. Conclusion Introduction Since the passage of the colonial Indian ContractRead More

General American Insurance Co. v. Madanlal Sonulal

Case Number 158 Ind Cas 554 Equivalent Citation (1935) 37 BOMLR 461 Bench The Bombay High Court Decided On 12.03.1935 Relevant Act / Section The Indian Contract Act, 1872 The Insurance Act, 1938 Brief Facts and Procedural History Introduction This legal case centres around a minor named Madanlal Sonulal, who initiated legal proceedings against TheRead More

The Future and Embracing of E-Contracts and Mitigating Legal Risks

S.no Contents 1. Introduction 2. What is an E-Contract? 3. Legal Validity of E-Contracts 4. Essentials 5. Validity of E-Contracts under the Indian Evidence Act 6. Roles of Parties in an E-Contract 7. Kinds of E-Contracts 8. Challenges Associated with E-Contracts 9. Present Dilemmas 10. Conclusion Introduction As we enter the era of digitization, technologyRead More

When Age Matters: Examining the Implications of Minors Entering into Contracts

S.no Contents 1. INTRODUCTION 2. WHO IS A MINOR? 3. CAN MINORS ENTER INTO A CONTRACT? 4. CONTRACTS OF BENEFICIAL NATURE 5. BENEFICIARY TO A CONTRACT 6. RESTITUTION 7. NO ESTOPPEL AGAINST MINOR 8. RATIFICATION BY A MINOR 9. VOIDABLE AT THE OPTION OF A MINOR 10. CONCLUSION INTRODUCTION The capacity to contract is aRead More

Avoidance Of Land Contracts Under Insolvency And Bankruptcy Laws

INTRODUCTION An organization is a fake individual running for the satisfaction of a reason, however, on occasion, there are circumstances that could prompt its defeat and when an organization wraps up it is possibly removing the work of everybody related to it and is likewise influencing the economy of the country in a negative manner.Read More

Avoidance of Land Contracts Under Insolvency and Bankruptcy Laws

Introduction A company is an artificial person that exists to serve a purpose, but some circumstances could cause it to fail. When a company fails, it could potentially eliminate jobs for everyone connected to it and have a detrimental effect on the nation’s economy. Every effort is made to prevent this from happening, but whenRead More

DISCHARGE OF CONTRACT BY BREACH

INTRODUCTION Section 10 of the Indian Contract Act prescribes the essentials for the formation of a valid contract which includes free consent of the parties, competency of the parties, lawful consideration, lawful object and ultimately entering into agreements that are not expressly declared void by the Act. After the abovementioned ingredients of a valid contractRead More

ALL THE WAYS IN WHICH THE ACCEPTANCE IS VALID IN CONTRACTS

It is stated that accepting an offer is like lighting a match to a barrel of dynamite. For a contract to be successful, a genuine offer must be followed by acceptance of the offer. Let’s look at what defines genuine acceptance in more detail. Acceptance “The offer is considered to be accepted when the personRead More

Evidentiary Value of E-Contracts

INTRODUCTION An E-contract is also known as a digital contract that is written and signed electronically. A contract agreement between two or more parties that is legally enforceable. Commercial contracts with e-businesses can be exchanged with the use of e-contracts. An e-contract can be created on a computer and emailed to a business counsel. TheRead More

FELTHOUSE V. BINDLEY

CITATION (1862) 11Cb (NS) 869, EWHC CP J35; 142 ER 1037 APELLANT Bindley RESPONDENT Paul felthouse DECIDED ON 8 th July 1862 COURT Court of Exchequer chamber JUDGES Willies, byles and Keating JJ AREA OF LAW Acceptance BACKGROUND Uncle felthouse was quite interested with his nephew’s horse. So, he sends a letter to hisnephew asRead More