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CHAPTER 2
Contract and its validity and revocation
05،‫دسمبر‬16
On the basis of validity
1. Valid Contract
An agreement enforceable by law when all
the essential features of a valid contract are
present.
05،‫دسمبر‬16
2. Voidable Contract
A contract becomes voidable when the
consent is not free.
Usually a contract becomes voidable when the
consent of one of the parties to the contract
is not free.
Eg- A, threatens to shoot B if he does not sell his
bike to A. B agrees.This contract is voidable
at the option of B
05،‫دسمبر‬16
 3. Void Contract
A void contract is the contract that has no legal
effect at all.
“ A contract which ceases to be enforceable by
law becomes void, when it ceases to be
enforceable by law.”
05،‫دسمبر‬16
On the basis of formation
 1. Express Contract
Contracts formed with the words spoken or
written, is an express contract.
Eg- A tells B on phone that he wants to buy his
car for Rs 80,000 and B accepts the offer on
phone, this is an express contract.
05،‫دسمبر‬16
2. Implied Contract
When the offer and acceptance is made by
acts or conducts of the parties, it is an implied
contract.
For eg- A, a coolie in uniform takes up the
luggage of B at Railway Station and B allows
him to do so, then the law implies that B will
have to pay for the services of A.This is an
implied contract.
05،‫دسمبر‬16
3. Quasi-Contract
Quasi-contract doesn’t arise by virtue of any
agreement, but the law infers or recognizes
these contracts under special circumstances.
For eg- Claims for necessaries supplied to an
incapable person.
2. Responsibilities of finder of goods.
05،‫دسمبر‬16
On the basis of execution
1. Executed Contract
A contract is said to be executed contract
when both the parties to a contract have
performed their obligations.
For eg-When a bookseller sells a book on cash
payment, it is an executed contract because
both the parties have done what they were to
do in a contract.
05،‫دسمبر‬16
 2. EXECUTORY CONTRACT
When either both the parties to a contract
have still to perform their share of obligation,
then it is executory contract.
For eg- A buys a car from B for Rs 100,000.
Now, A has made the payment but B has not
transferred the contract, it is an executory
contract as the parties have to meet the
obligation.
05،‫دسمبر‬16
Communication of
Offer, Acceptance and Revocation
05،‫دسمبر‬16
Communication when complete
Communication of a proposal:
 The communication of a proposal is
complete when it comes to the knowledge
of the person to whom it is made.
05،‫دسمبر‬16
Illustration
05،‫دسمبر‬16Raza Lilani . razamr@hotmail.com
A proposes, by letter, to sell a house
to B at a certain price.
The communication of the proposal
is complete when B receives the
letter.
communication of an acceptance
 The communication of an acceptance
is complete,–
 as against the proposer, when it is put
in a course of transmission to him, so
as to be out of the power of the
acceptor;
05،‫دسمبر‬16
05،‫دسمبر‬16
As against proposer As against acceptor
when it is put in a
course of
transmission to him,
so as to be out of the
power of the
acceptor;
as against the
acceptor, when it
comes to the
knowledge of the
proposer
illustration
B accepts A's proposal by a letter sent by post
05،‫دسمبر‬16
Communication complete
As against A As against B
When the letter is
posted by B
When the letter is
received by A
The communication of a revocation
 The communication of a revocation is
complete
 as against the person who makes it, when it
is put into a course of transmission to the
person to whom it is made, so as to be out
of the power of the person who makes it;
05،‫دسمبر‬16
illustration
A revokes his proposal by telegram
05،‫دسمبر‬16Raza Lilani . razamr@hotmail.com
Revocation is complete
As against A As against B
when the telegram
is dispatched
when B receives it
illustration
B revokes his acceptance by telegram.
05،‫دسمبر‬16
Revocation is complete
As against A As against B
when it reaches
him
when the telegram
is dispatched
Revocation of
Proposals & Acceptances
Sections 5 & 6
 Revocation means:
 1) mutual cancellation of a contract by the
parties to it.
 2) withdrawing an offer before it is accepted.
 3) cancelling a document before it has come into
legal effect or been acted upon, as revoking a
will.
05،‫دسمبر‬16
Revocation of
Acceptance
Revocation of a
Proposal
An acceptance may
be revoked at any
time before the
communication of
the acceptance is
complete as against
the acceptor but not
the afterwards
A proposal may be
revoked at any time
before the
communication of its
acceptance is
complete as against
the proposer but not
the afterwards
05،‫دسمبر‬16Raza Lilani . razamr@hotmail.com
of a proposal
05،‫دسمبر‬16Raza Lilani . razamr@hotmail.com
The Person who makes
Revocation
The Person to whom
Revocation made
Letter of Revocation of
Proposal
Letter posted on
10th April
Letter received
on 12th April
Communication completes
as against B on 12th April
Communication completes
as against A on 10th April
Communication of Revocation
of Acceptance
05،‫دسمبر‬16Raza Lilani . razamr@hotmail.com
The Person who makes
Revocation
The Person to whom
Revocation made
Letter posted on
10th April
Letter received
on 12th April
Communication completes
as against B on 12th April
Communication completes
as against A on 10th April
Letter of Revocation of
Acceptance

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Chapter 2.....................

  • 1. CHAPTER 2 Contract and its validity and revocation 05،‫دسمبر‬16
  • 2. On the basis of validity 1. Valid Contract An agreement enforceable by law when all the essential features of a valid contract are present. 05،‫دسمبر‬16
  • 3. 2. Voidable Contract A contract becomes voidable when the consent is not free. Usually a contract becomes voidable when the consent of one of the parties to the contract is not free. Eg- A, threatens to shoot B if he does not sell his bike to A. B agrees.This contract is voidable at the option of B 05،‫دسمبر‬16
  • 4.  3. Void Contract A void contract is the contract that has no legal effect at all. “ A contract which ceases to be enforceable by law becomes void, when it ceases to be enforceable by law.” 05،‫دسمبر‬16
  • 5. On the basis of formation  1. Express Contract Contracts formed with the words spoken or written, is an express contract. Eg- A tells B on phone that he wants to buy his car for Rs 80,000 and B accepts the offer on phone, this is an express contract. 05،‫دسمبر‬16
  • 6. 2. Implied Contract When the offer and acceptance is made by acts or conducts of the parties, it is an implied contract. For eg- A, a coolie in uniform takes up the luggage of B at Railway Station and B allows him to do so, then the law implies that B will have to pay for the services of A.This is an implied contract. 05،‫دسمبر‬16
  • 7. 3. Quasi-Contract Quasi-contract doesn’t arise by virtue of any agreement, but the law infers or recognizes these contracts under special circumstances. For eg- Claims for necessaries supplied to an incapable person. 2. Responsibilities of finder of goods. 05،‫دسمبر‬16
  • 8. On the basis of execution 1. Executed Contract A contract is said to be executed contract when both the parties to a contract have performed their obligations. For eg-When a bookseller sells a book on cash payment, it is an executed contract because both the parties have done what they were to do in a contract. 05،‫دسمبر‬16
  • 9.  2. EXECUTORY CONTRACT When either both the parties to a contract have still to perform their share of obligation, then it is executory contract. For eg- A buys a car from B for Rs 100,000. Now, A has made the payment but B has not transferred the contract, it is an executory contract as the parties have to meet the obligation. 05،‫دسمبر‬16
  • 10. Communication of Offer, Acceptance and Revocation 05،‫دسمبر‬16
  • 11. Communication when complete Communication of a proposal:  The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. 05،‫دسمبر‬16
  • 12. Illustration 05،‫دسمبر‬16Raza Lilani . razamr@hotmail.com A proposes, by letter, to sell a house to B at a certain price. The communication of the proposal is complete when B receives the letter.
  • 13. communication of an acceptance  The communication of an acceptance is complete,–  as against the proposer, when it is put in a course of transmission to him, so as to be out of the power of the acceptor; 05،‫دسمبر‬16
  • 14. 05،‫دسمبر‬16 As against proposer As against acceptor when it is put in a course of transmission to him, so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer
  • 15. illustration B accepts A's proposal by a letter sent by post 05،‫دسمبر‬16 Communication complete As against A As against B When the letter is posted by B When the letter is received by A
  • 16. The communication of a revocation  The communication of a revocation is complete  as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it; 05،‫دسمبر‬16
  • 17. illustration A revokes his proposal by telegram 05،‫دسمبر‬16Raza Lilani . razamr@hotmail.com Revocation is complete As against A As against B when the telegram is dispatched when B receives it
  • 18. illustration B revokes his acceptance by telegram. 05،‫دسمبر‬16 Revocation is complete As against A As against B when it reaches him when the telegram is dispatched
  • 19. Revocation of Proposals & Acceptances Sections 5 & 6  Revocation means:  1) mutual cancellation of a contract by the parties to it.  2) withdrawing an offer before it is accepted.  3) cancelling a document before it has come into legal effect or been acted upon, as revoking a will. 05،‫دسمبر‬16
  • 20. Revocation of Acceptance Revocation of a Proposal An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor but not the afterwards A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer but not the afterwards 05،‫دسمبر‬16Raza Lilani . razamr@hotmail.com
  • 21. of a proposal 05،‫دسمبر‬16Raza Lilani . razamr@hotmail.com The Person who makes Revocation The Person to whom Revocation made Letter of Revocation of Proposal Letter posted on 10th April Letter received on 12th April Communication completes as against B on 12th April Communication completes as against A on 10th April
  • 22. Communication of Revocation of Acceptance 05،‫دسمبر‬16Raza Lilani . razamr@hotmail.com The Person who makes Revocation The Person to whom Revocation made Letter posted on 10th April Letter received on 12th April Communication completes as against B on 12th April Communication completes as against A on 10th April Letter of Revocation of Acceptance