Contract Law

Define and distinguish between ‘condition’ and ‘warranty’.

Define and Distinguish Between ‘Condition’ and ‘Warranty’ Introduction In business and trade, especially in the sale of goods, certain terms are agreed upon between the buyer and seller. These terms can be classified as either “conditions” or “warranties.” Understanding the difference between these two is important because they define the rights and responsibilities of both […]

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Who are treated as persons of unsound mind? State the legal positions of contracts with such persons.

Who are Treated as Persons of Unsound Mind? State the Legal Positions of Contracts with Such Persons Introduction Under the Indian Contract Act, 1872, a valid contract must be entered into by persons who are competent to contract. One of the conditions for competency is that the person must be of sound mind at the

Who are treated as persons of unsound mind? State the legal positions of contracts with such persons. Read More »

“Mere silence as to facts is not fraud”. Explain with examples.

Introduction Fraud, under Section 17 of the Indian Contract Act, 1872, includes acts intended to deceive or to induce another party to enter into a contract. However, the law also provides that mere silence about facts does not amount to fraud, unless it falls within specific exceptions. This principle ensures that parties to a contract

“Mere silence as to facts is not fraud”. Explain with examples. Read More »

“An agreement in restraint of trade is void”. Examine this statement mentioning exceptions, if any.

Introduction The freedom to practice any profession, or to carry on any trade or business, is a constitutional right under Article 19(1)(g) of the Indian Constitution. In line with this, Section 27 of the Indian Contract Act, 1872 declares that agreements in restraint of trade are void. However, there are certain exceptions where such restraints

“An agreement in restraint of trade is void”. Examine this statement mentioning exceptions, if any. Read More »

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