Browsing Category

Contract Act

Remedies for Breach of Contract

Remedies for breach of contract: Section 73 of the contract Act deals with the consequences of a breach of contract and on the basis of which compensation for any loss or damage is to be assessed by providing that when a contract has been…

Discharge of Contract by Frustration

Introduction: The second para of section 56 Contract Act 1872 states that “A contract to do an act which after the contract is made becomes impossible, or, by reason of some event which the promisor could not prevent, becomes unlawful,…

Discharge of Contract by Performance

Discharge of contact: A contract creates an obligation which continues till the contract has been discharged by actual performance. There are other modes of discharge of contract also e.g., offer to perform the promise. These are scattered…

Competency of Parties to Contract

Competency of parties to contract: S.11 of the Contract Act provides that “every person is a competent to contract who is of the age of majority according to the law to which he is subject and who is of sound mind, and is not disqualified…

Agreement without Consideration is Void

An agreement without Consideration is void: Consideration is the most essential element for the validity of an agreement. An agreement without consideration is void unless it comes under any of the exception set out in sub-clauses (1) to…

Fraud in Contract

Fraud in Contract Fraud Fraud means and include, inter alia, the suggestion as a fact of that which is not true, by one who does not believe it to be true and the active concealment of a fact by one having knowledge or belief of fact.…

Partial Specific Performance of Contract

Partial Specific Performance of Contract Introduction: According to S.17 there can be no partial specific performance of a contract except in cases mentioned in ss. 14,15 and 16 Specific Relief Act. It is clear that law envisages…