Introduction: Contractual Capacity In both English and Indian law, contractual capacity refers to the ability of parties to enter into legally binding agreements. This capacity is crucial for the validity of contracts, with specific conditions and exceptions outlined in the respective legal systems. Contractual Capacity in English Law Under English…
Tag: Indian Contract Act
Rights of Unpaid Seller Against Goods
Introduction: Rights of Unpaid Seller Against Goods In the realm of commerce, the dynamics between buyer and seller are governed by contractual obligations, where the exchange of goods for a specified sum is the cornerstone. Embedded within this contractual framework are reciprocal promises, as mandated by Section 2(f) of the…
Effect of Mixture (155-157 of ICA) |Law Notes
According to the Section 155 of Indian Contract Act, 1872 says that the bailee, without the consent of the bailor, mixer the foods of the bailor with his own goods in such a manner that it is impossible to separate the goods bailed from the other goods, and deliver them…
Contract of Sale and Formalities of the Contract – Section 4 & 5 of the Sales and Goods Act, 1930
By Tania Maria Joy Introduction The Indian Contract Act, 1872 governed all transactions relating to the sale of goods until 1930. Now, the contract of the sale of goods is regulated by The Sale of Goods Act, 1930 (hereinafter, referred to as the ‘Act’). Sections 76-123 of the Indian Contract…
Contract of Indemnity (Section 124 – 125)
Introduction Contract of Indemnity (Section 124) As per Indian Contract Act under section 124, Indemnity is defined as a promise which is enforced by a contract from one party to another party so that the parties to the contract so that the parties to the contract can safeguard themselves from…
All about Doctrine of Privity
Introduction Privity is a contract law doctrine that states that contracts are exclusively enforceable on the parties to the contract and that no third person may enforce or sue under the contract. When parties have no contractual commitment to one another, obligations, liabilities, and access to certain rights are eliminated….
HIND CONSTRUCTION Vs. STATE OF MAHARASHTRA
In this case, a contractor takes a contract for making the bank canal near a landi river near Nasik value of Rs. 107000 from the state of Maharashtra
Superintendence Company vs. Krishan Murgai
Parties Superintendence Company of India Ltd, Petitioner Krishan Murgai, Respondent Citation 1980 AIR 1717 Facts The petitioners’ company operated as valuers and surveyors, doing quality inspections, weighing, and a sample of items and commodities. It had established a name and goodwill in its industry by establishing its quality testing and…
Abaas Khan vs. Nur Khan, AIR 1920 Lah 357
Introduction The instant case falls under the ambit of Section 26 of the Indian Contract Act. The features of the said Act are as follows- The main idea behind this rule is to reinforce the right provided by Article 21 of the Indian Constitution. It is to forbid any act…