Mere silence is not acceptance If the offeree fails to respond to an offer made to him, his silence can not be confused with acceptance. But, there is an exception to this rule. It is stated that, within 3 weeks of the date on which the offer is made, the non-acceptance shall be communicated to…
The term ‘bailment’ is derived from a French word ‘bailer’ which means ‘to give or to deliver’. In Common law, it means any kind of handing over of certain property, particularly goods, for a certain period.As per Section 148 of Contract Act, 1872, “A bailment is the delivery of goods by one person to another…
INTRODUCTION From archaic times, human beings are indulged in trading, whether obsidian or barter trading, for the betterment of themselves. With the passage of time, they realised the need of some specific set of rules and laws, to govern, to ensure no cheating, and to introduce justified trading system. Keeping the need of the hour…
ATTAINING AGE OF MAJOR UNDER A GUARDIAN A person who is appointed a guardian achieves the status of turning into a major on turning 21 years old. The guardian, can avail the cost incurred in education, daily clothing, transportation, food, and other necessities from the property of the child but not directly from him/her. It…
Balfour V. Balfour is one of the landmark cases of English contract law. It is based on the doctrine of intention, the intention of both the parties to form a contract. Lord Justice Atkin said that domestic commitments are not within the jurisdiction of contract law. The main point made was that if a promise…
In continuation with previous part this part deals with examination of validity of contract and understanding it’s types. It is important to note that the courts in India regard electronic contracts under the provisions of the Indian Evidence Act, 1872. The recognition of a contract is also given under Section 3 of the Indian Evidence…
In continuation with previous part this part also focus on analysing the validity of E-contracts. The simple truth is that the Indian Contract Act, 1872 has not specifically laid out any specific way of communicating an offer and what constitutes its acceptance. The same can be obtained either verbally, in writing or even through conduct.…
With the advent of the internet our way of living has undergone a drastic change. Be it the way we dress or the way we think or the way we buy things, there has been a change in almost everything we do. In current times we can even buy various items virtually, without even visiting…
The word contingent means an event or situation is depends on some other event or fact. A contingent contract is defined under Section 31 of the Indian Contract Act. Section 31 states that- A contingent contract is a contract to do or not to do something if some event collateral to such contract doesn’t happen.…
When the object with which the contract was formed is fulfilled, the liability of parties under the contract comes to an end. The contract is then said to be discharged. But But performance is not the only way in which a contract is discharged. A contract may be discharged in following ways.(1) Performance(2) Impossibility of…
