Monday, June 29, 2020

Easy Clause Explanation with Example - THE INDIAN CONTRACT ACT, 1872

THE INDIAN CONTRACT ACT, 1872

THE INDIAN CONTRACT ACT, 1872

CLAUSE 6 - Revocation how made

The clause tell how how the Revocation is made or how a Proposal can be revoked.

(1) Proposal can be revoked by providing notice from the proposer to the contractor or the other party

(2) By lapse of time if mentioned in proposal. We can discuss this with an example-

If contractor has kept EMT money, but client has not given LOA to contractor even after long time, The Contractor can move out after validity period. However, even if one day before the contractor says he is not interested in the contractor his EMT money will be forfeited , so he has to wait until validity period.

(3) When the additional conditions are imposed in the contract.

Conditional contract”, “bid with a reservation”, “conditional tender”. These are subjected to rejection- (conditional contract) changes is a contract which is beneficial to the parties.

Bid with a reservation- Not conditional not enforceable, just a suggestion.

(4) If the person dies or is not in a mentally stable condition (insane), the proposal can be revoked if the contractor who is going to accept the proposal came to know about the death or the insanity before accepting the proposal.

 

CLAUSE 7 - Acceptance must be absolute 

To make the acceptance into promise, the proposal should be legit in such as manner that.

Proposal should be in well prescribed and organized format.

Proposal should not get rejected due to some unreasonable reasons of being arranged at unplanned manner or not suitably built-up.

 

CLAUSE 8 - Acceptance by performing conditions, or receiving consideration 

It can be explained as, getting some kind of advance from the person making a proposal (promisor) can be said as Acceptance also, In this Letter of Acceptance(LOA) is not Required.

Example- If there is a contractor, I as a promisor ask the contractor to go to my site and start the work and with that I give the contractor advance for the mobilization of than already I have accepted that the contractor will work on my site, So this advance I gave will act as Letter of Acceptance (LOA).

 

 

CLAUSE 9 - Promises, express and implied

Example - When you ordered food in a restaurant a promise is implied that you will pay for it .Any service for that matter. Implied promise stems out from the type of contract you are involved in.

Example - Architect employed has to be involved in supervision quality check,certification etc. But supply of drawing is not mentioned in job description. But architect can’t deny that duty because it is his primary job.

 

Clause 10 - CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS

They are Explained Click Here


CLAUSE 11 - Who are competent to contract 

Age- majority

Sound mind

Not disqualified from contracting by any law which he is subject. This doesn’t mean that the contract is void if these are not met, because interest of minor has to be protected.

Therefore if promisor is minor , it is void.

If Promisee is minor , contract is valid.

Sometimes guardian takes care of the contract till the minor becomes major. Minor cases  should be considered with greater detail.

Related Article

THE INDIAN CONTRACT ACT, 1872 Clause 1 -Clause 5

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