Contract Law

In order to convert a proposal into a promise, the acceptance must be absolute and unqualified.

Contract of adhesion is a standard form contract drafted by one party and signed by the weaker party who must adhere to the contract and therefore, does not have the power to negotiate or modify the terms of the contract.

A contract of guarantee may be oral or written. It may even be inferred from the course of conduct of the parties concerned.

If the promisor prior to the due date of performance absolutely refuses or disables himself from the performance of obligations, it is anticipatory breach of contract.

A "contingent contract" is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. A contracts to pay B Rs.10,000 if B's house is burnt. This is a contingent contract.

Every agreement of which the object or consideration is unlawful is void.

Under Section 2(b) of the Indian Contract act, it is defined as when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise. 

Section 2(h) of the Indian Contract Act defines that an agreement enforceable by law is a contract.

Section 10 of the Indian Contract Act provides that all agreements are contracts if they are made by the free consent of parties competent to contract for a lawful consideration and with a lawful object and are not hereby expressly declared to be void.

Section 29 of the Indian Contract Act provides that agreements, the meaning of which is not certain or capable of being made certain, are void.

Option (1) is correct: Acknowledgement after the period of limitation is of no effect. Option (2) is incorrect: Acknowledgement after the period of limitation doesn’t give rise to an independent and enforceable contract. Option (3) is incorrect: Acknowledgement after the period of limitation is not of any value. Option (4) is incorrect: Option (1) is correct.

Option (1) is correct: Specific performance of any contracts may be ordered u/s 10 of the act, where there exists no standard for ascertaining actual damage by non performance of the act to be done. Option (2) is incorrect: Specific performance of any contracts may not be ordered where compensation is an adequate relief. Option (3) is incorrect: Specific performance of any contracts may not be ordered where the performance of the contract involves performance of a continuous duty, which the court cannot supervise. Option (4) is incorrect: Specific performance of any contracts may not be ordered where the contract is by its nature determinable.

Option (1) is correct: Contract is totally based upon the personal qualification of A; so the contract is specifically enforceable.

Option (1) is correct: U/s 12(2), the court may, at the suit of either party, direct the specific performance of so much of the contract to the promisor. Option (2) is incorrect: Promise cannot be directed to perform the part which is left unperformed. Option (3) is incorrect: Can be performed by only the promisee Option (4) is incorrect: Option (1) is correct.

Option (1) is correct: If the purpose is not known to seller, then the contract cannot be repudiated.