Contract plays a very important role in our daily life. They are either oral or written agreements between two parties. Individuals, businesses, non-profits, and government entities could all be parties to a contract. The entire process of getting into a contract begins with one party making an offer, the other party accepting it, and the parties exchanging money.
Indian contract act, 1872
• OFFER: Sec 2(A) An offer is made when a person shows his readiness to do or refrain from doing something to another person and obtains their approval to do so.
• ACCEPTANCE: Sec 2(b) the offer is considered to be accepted when the individual to whom the proposition was made expresses his agreement with it. As a result, when the proposal is approved, it becomes a promise.
ELEMENTS FOR A VALID
I) Must be communicated from both parties (either written or oral).
II) Offer must be clear and not vague.
III) It create a valid legal relationship.
• Balfour vs. Balfour (1919)
When Mr Balflour was on leave in 1915, the two of them returned to England, but Mrs Balfour was unable to return to Ceylon with her husband owing to illness (arthritis). The husband promised to pay his wife 30 euros every month till she returned to Ceylon. Because her spouse failed to pay her the agreed-upon sum, she filed a lawsuit against him. The husband was found not guilty since there was no intent to form a legal connection.
i) Must be unconditional and absolute.
ii) Must expressed in normal manner.
• Lalman sukla vs. Gauri dutt(1913)
The plaintiff was a Munim in the defendant’s service. The defendant’s nephew ran away, and the plaintiff set out to find him. The defendant distributed handbills in the plaintiff’s absence, promising a prize of Rs 501 to anyone who could locate the youngster. The plaintiff was able to track him down and collect the award. When the plaintiff discovered the youngster, he was unaware of the handbills. The plaintiff was not entitled to a monetary award, according to the court.
Both offer and acceptance exist between two parties agreement. The communication of an offer is complete when the person to whom the offer is made is aware of it, and the communication of an acceptance is complete when the acceptance is placed in a transmission path to the offered. As a result, offer and acceptance are crucial aspects of a contract, and they should be made of one’s own free will and with the desire to enter into a legally binding agreement in either event.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
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