Principal Contract - Law Dictionary Search Results
Home Dictionary Name: principal contract Page: 4Illegal 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....
Wagering contract
Wagering contract, to constitute a wagering contract there must be proof that the contract was entered into upon terms that the performance of the contract should not be demanded, but only the difference in prices should be paid. There should be common intention between the parties to the wager that they should not demand delivery of the goods but should take only the difference in prices on the happening of an event, Gherulal Parakh v. Mahadeodas Maiya, AIR 1959 SC 781 (784); see also B&C Exchange Ltd. v. State of Punjab, AIR 1961 SC 268 (270). (Contract Act, 1872, s. 23)...
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....
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....
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 ...
Contract carriage, Stage carriage
Contract carriage, Stage carriage, the contract carriages are for those who want to hire the vehicle collectively or individually for a group or a party for their transport to a destination/destinations. The vehicle has to be hired as a whole for the carriage of passengers mentioned in the contract. Stage carriage is intended to meet the requirements of the general public travelling from one destination to another having different purposes whereas a contract carriage is meant for those who want to hire a public service vehicles as a whole collectively for their transport from one destination to another having the same purpose, State of Andhra Pradesh v. B. Noorulla Khan, (2004) 6 SCC 194 (203): AIR 2004 SC 2413. [Motor Vehicles Act, 1988, s. 2(7) and (40)]...
Open contract
Open contract, a complete contract of which the meaning admits the implications of law without special conditions, or except so far as such conditions may modify these implications, as a contract to sell land without mentioning the day for completion of the purchase, or without stipulations as to title or otherwise. See Vendor and Purchaser Act, 1874, ss. 1, 2; Conveyancing Act, 1881, s. 3, reproduced with amendments by ss. 44 and 45, Law of Property Act, 1925. See CONTRACT FOR SALE OF LAND....
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....
- << Prev.
- Next >>