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The agreement is void by virtue of Section 56 para 1 which lays down the principle that an agreement to do an act impossible in itself is void.

In Superintendence Company of India Ltd. Agent cannot personally enforce, nor be bound by, contracts on behalf of principal. Whether Gratuitous Promise can be Enforced A gratuitous promise to subscribe to a charitable cause cannot be enforced, but if the promises is put to some detriment as a result of his acting on the faith of the promisee and the promisor knew the purpose and also knew that on the faith of the subscription an obligation might be incurred, the promisor would be bound by promise Kedar Nath v.

A contract emerges from the acceptance of an offer. Since the release has been brought about by coercion, such release is not valid. Where the offeree merely intended to accept but does not communicate his intention to th. When termination of agent’s authority takes effect as to agent, and as to third persons.

Indian Contract Act, 1872

As a result of such a flaw, the apparent agreement is not a real agreement. The rights of a finder are that he can sue the owner for any reward that might have been offered.

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A contract is void when the parties to it assume that a certain state of things exist which does not actually exist or in their ignorance the contract means one thing to one and another thing to the other, and they contract subject to that assumption or under that ignorance. A contract therefore, is a combination of the two elements: Consent is not free when it has been contraft by coercion, undue influence, misrepresentation, fraud or mistake.

Under Section 43 of the Indian Contract Act when two or more persons made a joint promise, the promisee may, in the absence of an express agreement to the contrary compel anyone inrian more of such joint promisors to perform the whole of the promise.

It means the actual carrying out by the parties of their contract, and in proper cases the Court will insist upon the parties carrying out this agreement. But until default the creditor cannot call upon the surety to pay.

BARE ACT- The Indian Contract Act, [PDF] ⋆ LAWYERSGYAN

Distinction between Indemnity and Aft A contract of indemnity differs from a contract of guarantee in the following ways: Even a threat to third-party, e. In Mamta Ghose v. A unilateral mistake, Le.

A proposal, when accepted, becomes a promise. The test of intention is objective. Mistake of Law and Mistake of Fact Mistakes are of two kinds: Special Damages Special damages are those resulting from a breach of contract under some peculiar circumstances.

Liability of principal inducing belief that agent’s unauthorized acts were authorized. It cannot be enforced and confers no rights on either party.


A enters into contract with B for cutting trees. Leave a Reply Cancel reply. Injunction may be prohibitory or mandatory.

That is to say, the parties must agree on the terms of their contract. Persons Disqualified from Entering into Contract Some statues disqualify certain persons governed by them, to enter into a contract. Rules Governing Acceptance Acceptance may be express Le. Effect of default as to the promise which should be performed, in contract consisting of reciprocal promises.

If he does, he is liable to compensate the agent for the loss caused to him thereby.


The Court held that the first conditiDn is a restraint of trade but the second is binding. The impossibility was not of such a nature which would strike at the root teh the contract. The communication of an offer may be made by express words-oral or written-or it may be implied by conduct. For instance, A agrees with B to discover treasure by magic. On the other hand, a collateral transaction can be supported by a void agreement.

A contract becomes void when, by reason of some event which the promisor could not prevent, the performance of the contract becomes impossible, e.

Guarantee obtained by concealment, contrcat. To barre operative so as to render the contract void, the mistake must be: Nominal Damages Nominal damages consist of a small token award, e. A agrees to pay 8 Rs.

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