The document discusses the nature of contracts under Indian law. It defines key terms like jus in rem, jus in personam, agreement, promise, and obligation. It explains that a contract requires an agreement with intent to create a legal obligation, lawful consideration, capacity and consent of parties, a lawful object, certainty and possibility of performance. The essential elements of a valid contract according to Indian Contract Act are also summarized. Finally, the document outlines different types of contracts based on their creation, execution and validity.
Formation of Contracts: To form a contract the following steps are the basic steps those should be followed
Firstly a proposal has to be accepted to be a promise;
Secondly then the promise is to be considered to form an agreement;
Finally the agreement should have the enforceability of law to form a lawful contract
The Indian economy is classified into different sectors to simplify the analysis and understanding of economic activities. For Class 10, it's essential to grasp the sectors of the Indian economy, understand their characteristics, and recognize their importance. This guide will provide detailed notes on the Sectors of the Indian Economy Class 10, using specific long-tail keywords to enhance comprehension.
For more information, visit-www.vavaclasses.com
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
The Art Pastor's Guide to Sabbath | Steve ThomasonSteve Thomason
What is the purpose of the Sabbath Law in the Torah. It is interesting to compare how the context of the law shifts from Exodus to Deuteronomy. Who gets to rest, and why?
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
This is a presentation by Dada Robert in a Your Skill Boost masterclass organised by the Excellence Foundation for South Sudan (EFSS) on Saturday, the 25th and Sunday, the 26th of May 2024.
He discussed the concept of quality improvement, emphasizing its applicability to various aspects of life, including personal, project, and program improvements. He defined quality as doing the right thing at the right time in the right way to achieve the best possible results and discussed the concept of the "gap" between what we know and what we do, and how this gap represents the areas we need to improve. He explained the scientific approach to quality improvement, which involves systematic performance analysis, testing and learning, and implementing change ideas. He also highlighted the importance of client focus and a team approach to quality improvement.
2. MEANING OF LAW OF CONTRACT
The law of contract is that branch which determines
the circumstances in which promises made by the
parties to a contract shall be legally binding on
them.
3. JUS IN REM
Jus in rem means “a right against or in respect of a
thing”. It is available against the world at large.
Eg: X is the owner of a plot of land. He has a right to
have quiet possession and enjoyment of that land
against every member of the public. Similarly every
member of the public is under an obliagtion not to
disturb X’s possession or enjoyment.
4. JUS IN PERSONAM
Jus in personam “means a right against or in
respect of a specific person”. It is available only
against particular persons.
Eg: A owes a certain sum of money to B. B has a
right to recover this amount from A. this right can be
exercised only by B and by none else against A. This
right of B is a Jus in personam.
5. DEFINITION OF CONTRACT
According to Salmond, “A contract is an agreement,
creating & defining the obligation between parties.”
According to section 2(h) of Indian Contract Act, “An
agreement enforceable by law is a contract.”
We can say that,
(Contract = Agreement + Enforceability at law)
6. DEFINITION OF AGREEMENT
According to section 2(e) of Indian Contract Act,
“Every promise or set of promises, forming the
consideration for each other.”
Agreement = Offer + Acceptance
7. DEFINITION OF PROMISE
According to section 2(b) of Indian Contract Act,
“A promise is when a person to whom the proposal
is made, signifies his essence thereto, the proposal
is said to be accepted. A proposal when accepted
becomes a promise.”
8. CONSENSUS AD IDEM
This means that the parties to the agreement must
have agreed about the subject-matter of the
agreement in the same sense and the same time.
Eg: A, who owns two horses named Raj and Hans,
is selling horse Raj to B. B thinks he is purchasing
horse Hans. There is no consensus ad idem.
9. MEANING OF OBLIGATION
It is defined as a legal tie which imposes upon a
definite person or persons the necessity of doing or
abstaining from doing a definite act or acts. It may
relate to social or legal matters.
Social Obligation: Not a Contract
Legal Obligation: Is a Contract
10. EXAMPLE
1. A agrees to sell his bike to B for Rs. 30,000.
OBLIGATION ON A: To deliver the bike
OBLIGATION ON B: To make the payment
2. A promises to sell his bike to B for Rs. 30,000
received from him.
OBLIGATION ON A: To deliver the bike
11. TYPES OF AGREEMENT
1. SOCIAL AGREEMENT – not enforceable in court
of law. If A invites B for dinner and B accepts it. OR
A father promises to pay 100 Rs. Per month to his
son as pocket allowance.
2. LEGAL AGREEMENT – enforceable in court of
law
12. “All Agreements are not Contracts But
All Contracts are Agreements”
It is not necessary that all agreements will become
a contract because there are some rules,
Regulations & certain formalities for an agreement
to convert into a contract. There are some essential
elements which must exist in an agreement to form
a valid contract. These are:
13. ESSENTIAL ELEMENTS OF A VALID
CONTRACT u/s 10
1. OFFER & ACCEPTANCE
2. INTENTION TO CREATE A LEGAL RELATIONSHIP
3. LAWFUL CONSIDERATION
4. CAPACITY OF PARTIES
5. FREE CONSENT
6. LAWFUL OBJECT
7. CERTAINTY AND POSSIBILITY OF PERFORMANCE
8. NOT DECLARED TO BE VOID OR ILLEGAL
9. LEGAL FORMALITIES
14. 1. OFFER & ACCEPTANCE
Two parties – one making other accepting
Terms of offer definite
Acceptance absolute and unconditional
15. 2. INTENTION TO CREATE A LEGAL
RELATIONSHIP
Legal relationship
Social & Domestic nature agreements no not create
legal relationship
16. 3. LAWFUL CONSIDERATION
Both the parties give something in return
May be in cash or kind
May be past, present or future
Must be real &lawful
No consideration no contract
17. 4. CAPACITY OF PARTIES
Following persons are incompetent to contract:
a) Minors
b) Persons of unsound mind
c) Persons disqualified by any law
18. 5. FREE CONSENT
Consent is said to be free when it is not caused by:
a) Coercion
b) Undue Influence
c) Fraud
d) Misrepresentation
e) Mistake
19. 6. LAWFUL OBJECT
It means the object must not be:
a. Illegal
b. Immoral
c. Opposed to public policy
If object unlawful – not enforceable by law
20. 7. CERTAINTY AND POSSIBILITY OF
PERFORMANCE
Agreements must be certain
Agreements must not be vague
Agreements must not be indefinite
Agreements must not be impossible
Such agreements cannot be enforced
21. 8. NOT DECLARED TO BE VOID OR
ILLEGAL
Not declared void by the law
Not declared void by the contract act
Not enforceable by law
Is void ab initio
22. 9. LEGAL FORMALITIES SHOULD BE
FULFILLED
May be written or oral
Preferred to be in writing
Document to be stamped(if required)
Document to be registered(if required)
In absence of legal formalities – void contract
23. KINDS/TYPES OF CONTRACT
Contracts may be classified as follows:-
I. ON THE BASIS OF CREATION/FORMATION
1. Express Contracts u/s 9 : The Contracts enter
into between the parties by words whether oral or
written are called express contracts.
Eg. A writes to C “I promise to sell my car for
Rs. 90,000.”
24. 2. Implied Contracts u/s 9
It is the contract, where the Proposal or Acceptance
is made otherwise than by words.
Eg:
i. Gets into a public bus
ii. Takes a cup of tea in a restaurant
iii. Coolie lift’s B’s luggage to be carried out of the
railway station
25. 3. Quasi Contract/Constructive u/s 68 to 72
It is a contract in which there is no intention
on either side to make a contract, but law imposes
the contract.
Eg. T, a trader, leaves good’s at B’s house by
mistake. B uses the goods. B is bound to pay for
the goods.
26. 4. Contracts over Internet/e. com Contracts
These contracts are entered into between the two
parties using internet.
27. II. ON THE BASIS OF EXECUTION
1. Executed Contract : An executed contract is one
where both the parties have completed their
obligations.
Eg. A agrees to make a painting of B for Rs. 1,000.
When A delivers the painting & B pays the price,
contract is said to be executed.
28. 2. Executory Contract
Where the contract is still to be performed by party
(s) either wholly or partly or have yet to perform
their obligations
Eg. In above example: If A has yet to make a
painting & B has yet to pay.
30. III. ON THE BASIS OF VALIDITY OR
ENFORCEABILITY
1. Valid Contract : Any agreement enforceable by
law is a valid contract.
2. Void Contract :An agreement which was legally
enforceable by law entered into but which has
become void due to some circumstances, is a void
contract.
31. 3. Voidable Contract: An agreement which is enforceable
at law with the option of one of the parties but not at the
option of other parties is voidable contract.
4. Unenforceable Contract: An unenforceable contract is
valid otherwise except some technical defect or non
observeness of law or any other formality required by
special provision of law.
32. 5. Illegal Contract or Unlawful Contract: A contract
which is either prohibited by law or otherwise
against the policy of law is an illegal contract. It is
void-ab-initio.
