Covenants - Law Dictionary Search Results
Home Dictionary Name: covenants Page: 2Contract for work or service contract for sale of goods
Contract for work or service contract for sale of goods, the primary difference between a 'contract for work or service' and a 'contract for sale of goods' is that in the former there is in the person performing work or rendering service no property in the thing produced as a whole notwithstanding that a part or even the whole of the materials used by him may have been his property. In the case of a contract for sale, the thing produced as a whole has individual existence as the sole property of the party who produced it, at some time before delivery, and the property therein passes only under the contract relating thereto in goods used in the performance of the contract is not sufficient: to constitute a sale there must be an agreement express or implied relating to the sale of goods and completion of the agreement by passing of title in the very goods contracted to be sold. C.S.T. v. Purshottam Premji, (1970) 2 SCC 287 (290)...
covenant
covenant 1 : an official agreement or compact [an international on human rights] 2 a : a contract in its entirety or a promise within a contract for the performance or nonperformance of a particular act [a not to sue] ;specif : a promise relating to the transfer, possession, or ownership of real property see also covenant not to compete, restrictive covenant b : a warranty in a deed assuring the grantee esp. against defects in title [a for quiet enjoyment] see also run 3 : a common-law action to recover damages for breach of a contract under seal compare assumpsit, debt covenant vb ...
Contract of service and contract for service
Contract of service and contract for service, a 'contract for service' implies a contract whereby one party undertakes to render services e.g. professional or technical services, to or for another in the performance of which he is not subject to detailed direction and control but exercises profes-sional or technical skill and uses his own know-ledge and discretion. (See: Oxford Companion to law, p. 1134). A 'contract of service, implies relationship of master an servant and involves an obligation to obey orders in the work to be performed and as to its mode and manner of performance. (See: Stroud's Judicial Dictionary, 5th Edn., p. 540, Indian Medical Assn. v. V.P. Shantha, (1985) 6 SCC 651 (674). (Consumer Protection Act, 1986)...
freedom of contract
freedom of contract :a power or right to contract and freely determine the provisions of contracts without arbitrary or unreasonable legal restrictions esp. as guaranteed under the contract clause of Article I, Section 10 of the U.S. Constitution called also freedom to contract liberty of contract ...
Building contract
Building contract, 'A building contract means a contract for the building of anything--not necessarily a house, but any other physical construction', Carlisle R.D.C. v. Carlisle Corporation, (1909) 1 KB 471 (483).Building contract, is a contract by which a person (commonly called contractor) undertakes for consideration to carry out works of or for construction (or demolition) for another person (commonly called the employer or owner), Halsbury's Laws of England, Vol. 4(2), 4th Edn., Para 301, p. 276; Carlisle RDC v. Carlisle Corpn., (1999) 1 KB 471; Gilbert Ash (Northern) Ltd. v. Modern Engineering (Bristol) Ltd., (1974) AC 689: (1973) 3 All ER 195....
Contract of agency and contract of sale
Contract of agency and contract of sale, a contract of agency, differs essentially from a contract of sale inasmuch as an agent after taking delivery of the property does not sell it as his own property but sells the same as the property of the principal and under his instructions and directions. Furthermore, since the agent is not the owner of the goods, if any loss is suffered by the agent he is to be indemnified by the principal, Bhopal Sugar Industries Ltd. v. S.T.O, (1977) 3 SCC 147 (151). [Sate of Goods Act, 1930, s. 4]...
Contract of service
Contract of service, and contract for services. A contract for services implies a contract whereby one party undertakes to render services. A contract of service implies relationship of master and servant and involves an obligation to obey orders in the work to be performed and as to its mode and manner of performance, Indian Medical Assocn v. V.P. Shantha, AIR 1996 SC 550....
Illegal contract
Illegal contract, an agreement to do any act forbidden either (1) by the Common Law, such as agreements to commit a crime or tort, or as for rent of lodging let for prostitution, Jennings v. Brown, (1842) 9 M&W 496; or for price of indecent picture, Fores v. Johnes. (1802) 4 Esp 97; or in prejudice to the administration of justice, Windhill Local Board v. Vint, (1890) 45 Ch D 351; or (2) by statute, as by hire of a room for a lecture in contravention of the Blasphemy Act, Cowam v. Milbourn, (1867) LR 2 Ex 230; but see Re Bowman, (1915) 2 Ch 447, or a contract by a servant of a local authority with such authority, in contravention of s. 193 of the (English) Public Health Act, 1875; also contracts in unreasonable restraint of trade; general restraint of marriage; trading with the enemy; compounding felonies; maintenance or champerty, etc. A breach of promise of marriage by a married man pending divorce after decree nisi may be actionable, Fender v. Mildmay, (1937) 53 TLR 885. Illegality ...
Legislative contract
Legislative contract, there is no magic in the expression 'legislative contract'. A contract is a contract between two or more parties and is either executory or executed. If a statute adopts or confirms it, becomes law and is no longer a mere contract, Maharaja Shree Umaid Mills Ltd. v. Union of India, AIR 1963 SC 953 (959): 1963 Supp (2) SCR 515....
Quasi-contract
Quasi-contract, an act which has not the strict form of a contract, but yet has the effect of it; an implied contract.Means that a man in certain cases is bound as if he had made a contract, though in fact no contract was made. 'Unjust enrichment' or 'restitution' are suggested as alternative expressions, Kamalpur (Assam) Tea Estate Private Ltd., Jorhat v. Supdt of Taxes, Jorhat, (1988) 1 Gau LR 290....
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