A contract with the Indian Cricket Board to play for IPL-4 in South Africa. A falls ill and is advised by the doctor to rest. What impact does this have on the Treaty? Novation means that a new contract is concluded taking into account the old contract. The new contract is concluded between the same or new parties. Novation is valid if all parties must accept it. The new contract must be valid and enforceable, otherwise the old contract will remain valid. A. Section to which the given question relates: Explanation of section 20. Decision: This Agreement is valid. Reason: An erroneous opinion on the value of the article that is the subject of the agreement will not be treated as an error in relation to a fact. Here, X will have to blame himself for ignoring the true value of the painting.
Q. A Blenkarn who knew that Blenkarn & Co. was a renowned customer of Lindsay & Co., placed an order with Lindsay & Co. by imitating the signature of Blenkarn & Co. The goods were then sold to Cundy, an innocent buyer. Lindsay & Co. has filed a lawsuit against Cundy for the recovery of goods. Discuss the legal situation. Either party changes the date of payment or the place of delivery without the consent of the other party. Q1- Shambu Dayal launched the “self-service” system in his company. Smt. Prakash walked into the store, took a cart, and after taking the items of her choice from the cart, she reached the cash register for payments.
The cashier refuses to accept the price. Can Shambu Dayal be forced to sell the items to Smt. Prakash? Decide. Misrepresentation: Under section 18 of the Indian Contract Act of 1872, misrepresentation means and includes misrepresentation:- 1. Any breach of an obligation by a person who benefits the person who commits it by misleading another person to his detriment. 2. A positive statement that a fact is true if his information does not allow it, even if he believes it is a fact. 3. If a party, however innocent, causes the other party to the agreement to err with regard to the subject matter of the agreement. Problem: – Section 19 of the Act states that in the event of a false statement by the other party, the aggrieved party may cancel or terminate the contract. The injured party loses the right to terminate the contract if, after becoming aware of the false statement, declares to exploit the contract.
Therefore, Suraj could not terminate the contract in the present case, since its acceptance of Sohan`s offer to bear 40% of the repair costs implicitly amounts to a definitive acceptance of the sale (Long V(1958)) M. Dubious textile enters into a contract with a Garments retail showroom for the supply of ₹300 pieces of cotton shirts per shirt to be delivered by 31 December 2004. On November 1, 2004, however, Dubious Textiles informed the Retail Garments Show Room that it was not ready to deliver the goods, as the price of cotton shirts has now risen to ₹350 per shirt. In this regard, check the rights of the Retail Garments showroom. The insolvent is exempt from all liabilities arising from all contracts entered into up to the time of insolvency. Q3-X` agreed to become an assistant to `Y` for 5 years, who was a doctor who practiced in Ludhiana. It was also agreed that “X” will not operate in Ludhiana on its own account for the duration of the contract. After a year, `X` left `Y`s assistant and started practicing on his own account. With respect to the provisions of the Indian Contract Act 1872, you decide whether “X” can be prevented from doing so Modifying a Contract means modifying one or more of the terms of the Contract by mutual agreement between the parties. The change triggers the original contract and creates a new contract. However, the parties to the new contract remain the same.
In the event of a Treaty amendment, the old conditions must not be fulfilled, while the new conditions must be fulfilled. This means that there is an impossibility at the time of conclusion of the contract. The initial impossibility may (i) be known to the parties at the time of conclusion of the Contract, or (ii) unknown. Theft. Under the provisions of the Indian Contract Act 1872, the issue raised in the question is based on section 10 of the Act. According to the provision, the parties must intend that their agreement will lead to legal relations. Agreements of a social or domestic nature do not provide for a legal relationship and, as such, are not a contract and cannot be enforced by law. The main case on this point is Balfour vs Balfour (2KB). Applying the above provisions in the case, it was found that the son cannot recover the amount of Rs.
1 lakh from the father for the aforementioned reason. A person holds a leased property, buys the property. Upon purchase, his lease will be terminated. A has agreed with B to deliver 100 TVs at a certain price by the end of October. Subsequently, A and B mutually agree that delivery will take place by the end of November. This is a dispute with the terms of the contract by agreement of both parties. A agreed to sell dhotis made in a particular mill in B. The mill was repaired and so Dhotis did not manufacture. The contract was not thwarted because the delivery clause did not make delivery by the factories a condition precedent.
It was a breach of contract. An agreement restricting trade is considered contrary to public policy and is therefore void under section 27 of the Indian Contracts Act. However, in the case of a service contract, retention of the type mentioned in the given issue applies if appropriate. The facts of this problem are based on the Lumley Vs. Warner case. In this case, the aggrieved film production company may prevent Miss X, the film actress, from entering into a contract and working for another film producer, since she has agreed to work exclusively for the film production company for two years. Another similar case is that of Warrior Bros. Vs.
Nelson (1937). If the execution of the contract becomes difficult, the contract will not be terminated. The difficulty is not impossible. A party can do this with more effort or harshness. Q4- Akhilesh has reached an agreement with Shekhar to supply him (Shekhar) with 5,000 bags to be manufactured in his factory. The bags could not be manufactured due to the workers` strike and Akhilesh did not deliver the bags to Shekhar. Decide whether Akhilesh can be relieved of liability under the provisions of the Indian Contract Act 1872. Vol. Solution: Section to which the given problem relates: Article 73.
Decision and reason: A is required to repay B`s deposit with interest, and the costs imposed by his imprisonment in Calcutta, and the excess, if any, of the transit fee paid for the second vessel over the agreed amount for the first, but not the amount of money, lost the B due to his late arrival in Sydney. The change that changes the nature of the contract is a substantial change. If one party makes material changes to the terms of the agreement without the consent of the other party, the contract terminates. If one party changes the date of payment or delivery of the goods or replacement without the consent of the other party, the words that change the meaning and affect the contract are material changes to the contract. If there are several objects for which a contract is concluded, the failure of one of the objects does not entail the performance of the contract. If a promisor has not been able to keep the promise due to the failure of the third party, he cannot apologize and claims that it is impossible to keep the promise. The fault or conduct of the third party has nothing to do with the contract. The contract will not be executed due to a delay of third parties.
A agrees with B to sell his car on January 21. Before that date, he tells B that he will not sell it. This is an early breach of contract. `A` promised `B` that he would arrange `B` marriage with his daughter. `A` could not persuade his daughter to marry `B`. “B” sued “A”, who invoked the impossibility of not being liable for damages. Is he liable to B? On what basis? Q. X commissioned Y to write a book in 12 volumes for 00,000 rupees, payable after the completion of the entire work. Discuss the legal situation in each of the following alternative cases: a) If Y stopped publishing after the completion and delivery of six volumes. (b) If, after the completion and delivery of six volumes, X has died. . .