Boilerplate Clauses in a contract

1) Introduction: Boilerplate clauses in a business contracts are provisions which are not necessary to form part of the business deal but which are necessary to give some form of protection for a party, which explain certain method or procedures which may arise as per the contract or business relationship or to lay out the... Continue Reading →

Unlawful Agreements

1. Introduction: Section 24 of the Indian Contract Act, 1872 defines the unlawful agreement. As per this section, unlawful agreement is an agreement where parties entered into an agreement but the consideration or the object of the agreement is unlawful then the agreement is void. But if a valid consideration or object of the agreement... Continue Reading →

Four Elements of Contract

Introduction: The Indian contract Act, 1872 occupies an important place in the mercantile or commercial law of the country. This act has special importance for the commercial sector because a major part of the commercial activity is dependent upon it. It affects everybody, even, trade, commerce and industry. Hence, we can say that the contract... Continue Reading →

Contingent Contract

1) Introduction: The word ‘Contingent’ means to depend on something which is uncertain or happening by chance. As per Section 31 of the Indian Contract Act, 1872 a contingent contract is a contract to do or not to do something, if some event, surety to such contract, does not happen. When the contract is dependent... Continue Reading →

Lawful Consideration & Object

A. Lawful Consideration: 1. Introduction: For the valid contract the presence of consideration is an important factor. When an agreement is without the consideration then it is void. In England, the contracts are divided into two types: 1. Contracts under seal or contracts in the form of deed. Such contracts are valid without consideration. 2.... Continue Reading →

Mistake

1) Introduction: When the consent of the parties to the contract is caused by mistake then it is not free consent which is important for the valid contract. One or both the parties may be working under some misunderstanding of some fact relating to the agreement. If such misunderstanding is not in the agreement, then... Continue Reading →

Misrepresentation

1) Introduction: When the false statement is made with having knowledge of that it is false and with the intention of mislead the other party and make the other party to enter into a contract then it is known as fraud. But when the person makes the false statement on believing that statement is true... Continue Reading →

Agreement in Restraint of Judicial Proceedings

1) Introduction: Agreement in Restraint of Judicial Proceedings is given under section 28 of the Indian Contract Act, 1872 which states that an agreement absolutely restraining a party from enforcing his rights through a court of law, or an agreement which places a limit as to the time within which a right can be enforced,... Continue Reading →

Agreement in Restraint of Marriage

1) Introduction: The right to marriage which comes under Article 21 of the Indian constitution which also guarantees the right to life and personal liberty to all the people. As per section 26 of the Indian Contract Act, 1872, every agreement in restraint of the marriage of any person, other than a minor is invalid.... Continue Reading →

Agreements in restraint of trade

1) Introduction: As per section 27 of the Indian Contract Act, 1872, An agreement by which any person is stopped from practice a lawful profession, trade or business then it is void. An agreement which unnecessarily reduce the freedom of a person to trade is against public policy. Stopping a person from carrying on a... Continue Reading →

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