The indian contract act

Therefore, there must be an agreement and it should be enforceable by law. Reciprocal Promises 2 f:

The indian contract act

Balfour [] 2 KB Mr. Balfour were enjoying leave in England. When the time came for Mr. Balfour to return to Ceylon where he was employed, the wife stayed back in England for health reasons.

Balfour promised to pay her allowance every month for her maintenance. Balfour stopped paying when the differences arose and the wife sued her husband for allowance. Lord Atkins explained that there should be intention between the parties to create a contract which was missing in the present case and the parties shall intend that they shall be attended by legal consequences.

Dharmodas Ghose 30 IA He thereafter went on to file an action to cancel this mortgage. However defendant pleaded that he should be allowed his money back relying upon Section 64 of Indian Contract Act which deals with voidable contracts. The Court held that the contract entered by a minor was void ab initio and not voidable.

Therefore the minor is not liable to pay any sum of money already advanced to him. His servant was sent to find out the child. Meanwhile, the defendant through handbills proposed to pay Rs to anyone who find out the child.

The servant found the child but came to know of the offer afterwards. The servant then claimed for the award by filing an action in the court of law but it was dismissed on the principle- In order to constitute a contract, there must be acceptance of an offer and there can be no acceptance unless there is knowledge of the offer.

Carbolic Smoke Ball Co 1 QB A company, through an advertisement, offered to pay British pounds to anyone who infects with epidemic influenza, cold or any other disease after using their Carbolic ball according to the directions.

A person who used it accordingly filed an action to recover the amount. The company contended that the offer was not made to anyone personally and hence they are not bound by the advertisement offer. The contention was not accepted and it was observed that in cases of general offer, communication of acceptance is not necessary and it can be claimed by anyone who comes and performs the said condition.

Brooks 2 KB A person named North went to a jewellery shop and purchased some ring in the name of another person Sir George Bollough and also issued the cheque in favour of him by this name. After verifying the address told by North of George in the directory, the shopkeeper allowed North to take a ring with him.

After some time, when the shopkeeper discovered of the fraud, North has already pledged the ring in favour of some other person. The shopkeeper filed a case against that other person for his ring.

It was observed by the Court that- The minds of the parties met upon the terms of the sale. The fact that the seller was induced to sell by the fraud of the buyer made the sale voidable and not void. The sale could not be avoided because there was intention to sell the product to the person present.

Stevenson [] AC A man ordered ginger beer for her lady friend in a restaurant. The ginger beer came in a dark bottle and the contents of the bottle were not visible from outside. After drinking some of the beer, the lady friend poured the remaining into a tumbler where a snail in a decomposed condition fell.

The lady friend complained of stomach pain and she filed a case against the manufacturer.


The court ruled in her favour on the principle- The manufacturer owed a duty of care towards the final consumer even in the absence of a contract. The element of privity is not essential for a consumer to sue the manufacturer for negligence.

Dunlop Pneumatic Tyre Co Ltd vs.

The indian contract act

However the defendant company sold the tyres below the list price and the plaintiff brought an action against them.The Indian Contract Act, (Act no. 9 of ) CONTENTS Preamble Preliminary 1 Short title 2 Interpretation clause Chapter I Of the communication, acceptance and revocation of proposals.

The Indian Contract Act, The above important elements may be further analysed as under: 1. Offer and Acceptance: In the first place, there must be an offer and the said offer must have been accepted. Such offer and .

The Indian Contract Act , Indian Bare Acts at, a website for Indian Laws and bareacts, legal advice and law documents in India.

Bare Act of The Indian Contract Act Provided free of charge by Delhi Law Academy for student benefit. Contract Act is one of the most important and long-lasting pieces of. Short title.—This Act may be called the Indian Contract Act, —This Act may be called the Indian Contract Act, " Extent, Commencement.—It extends to the whole of India 1 [except the State of Jammu and Kashmir]; and it shall come into force on the first day of September, The Indian Contract Act, is the law relating to Contracts in came into force on September 1, and is extended to the whole of India except to the state of Jammu and Kashmir.

The Act has sections altogether. Sections 1 to 75 came into force on September 1,

Indian Contract Act, Top 10 Landmark Judgements of Law of Contracts