Indian Contract Act 1872 - Law Dictionary Search Results
Home Dictionary Name: indian contract act 1872 Page: 4Legislative 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....
Contract for sale
Contract for sale. A sale implies a consideration in money or money's worth in return for the thing sold and consequently consideration is an integral part of a contract for sale. The legal incidents of a contract for sale of goods have been embodied and codified in the Sale of Goods Act, 1893. See SALE....
Contract for the hire of goods
Contract for the hire of goods, means a contract, other than an excepted contract, under which one person bails or agrees to bail goods to another by way of hire. Supply of Goods and Service Act, 1982 (UK), Halsbury's Laws of England, Vol. 2, para 856, p. 868....
Contract of guarantee
Contract of guarantee, in relation to any hire-purchase agreement, means a contract whereby a person (in this Act referred to as the surety) guarantees the performance of all or any of the hirer's obligations under the hire-purchase agreement. [Hire-Purchase Act, 1972 (26 of 1972), s. 2 (a)]...
Executed contract
Executed contract, where nothing remains to be done by either party, and where the transaction is completed at the moment that the agreement is made, as where an article is sold and delivered, and payment therefor is made on the spot. a contract is said to be executory where some future act is to be done, as where an agreement is made to build a house in six months, or to do an act on or before some future day, or to lend money upon a certain interest, payable at a future time....
Contract, breach of, inducement of
Contract, breach of, inducement of. In the case of seamen it is by s. 236 of the (English) Merchant Shipping Act, 1894, an offence to persuade or attempt to persuade seamen or apprentices to desert or absent themselves from duty. As to whether such inducement can, apart from any statutory provision, be an actionable wrong, see Lumley v. Gye, (1853) 2 E&B 216, and Temperton v. Russell, (1893) 1 QB 715; but the principles laid down in these cases were commented on in Allen v. Flood, 1898 AC 1. An Act done by a person in contemplation or furtherance of a 'trade dispute,' q.v. as defined by the (English) Trades Disputes and Trade Unions Act,1927 (17 & 18 Geo. 5, c. 22), is not actionable on the ground only that it induces some other person to break a contract of employment. [(English) Trade Disputes Act, 1906, s. 3]...
Proper law of a contract
Proper law of a contract, refers to the legal system by which the parties to the contract intended their contract to be governed if their intention is expressly stayed or if it can be clearly inferred from the contract itself or its surrounding circumstances, such intention determines the proper law of con-tracts. Where, however, the intention of the parties is not expressly stated and no inference about it can be drawn, their intention as such has no relevance. It that event, the courts endeavour to impute an intention by identifying the legal system with which the transaction has its closest and most real connection, National Thermal Power Corporation v. Singer Company, 1992 (3) SCC 551....
By contract or otherwise
By contract or otherwise, the words 'by contract or otherwise' in the second limb of the s. 10 of the Estate Duty Act, 1953 will not control the words 'to the entire exclusion of the donor' in the first limb. In other words, in order to attract the section it is not necessary that the possession of the donor of the gift must be referable to some contractual or other arrangement enforceable in law or in equity, George Da Costa v. Controller of Estate Duty, (1967) 1 SCR 1004: AIR 1967 SC 849 (851): (1967) 63 ITR 497. (Estate Duty Act, 1965, s. 10)...
Contract, freedom of
Contract, freedom of. Modern legislation has fre-quently interfered with freedom of contract, as, e.g., by invalidating contracts, as, e.g., by invalidat-ing contracts exempting railway companies from their liabilities as carriers of goods by the 7th s. of the Railway and Canal Traffic Act, 1854, or depriving a tenant of his right to kill hares and rabbits under the Ground Game Act,1880; and see a list of such in validations in Chitty on Contacts, 18th Edn., 778....
Pre-contract
Pre-contract. Where one of the parties to a marriage was under a prior agreement to marry a third person, such prior agreement was called a pre-contract. It was a canonical impediment to the marriage of either party. The Ecclesiastical Courts would formerly enforce this agreement, by compelling the parties to a public marriage, and if one of them had already married, such marriage would be void ab initio; but until thus avoided it was good. See 32 Hen. 8, c. 28, and 2 & 3 Edw. 6, c. 23, s. 2; Bishop on Marriage and Divorce, s. 53. But pre-contract is no longer a cause for dissolving a marriage in England; see 26 Geo. 2, c. 33; Co. Litt. 79 b, and Hargrave's note (4)....
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