Rajalakshmi therefore terminated the contract. Sadarmani appealed to the court, arguing that the failure to present the title document was the reason she could not pay the final instalment. The court ruled that these two promises (the promise to show the title document and the promise to pay for the last document) were exclusive because Sadarmani could pay the last instalment without showing the title document. Sadarmani would therefore have had to pay the last instalment. In the present case, the reason for ignoring the doctrine of contract confidentiality was that there was a very close and loving relationship between the plaintiff and her father, who was the promisor of the contract. The court was of the view that natural love and affection could be a quid pro quo. Therefore, consideration and promise to the father could extend to children, for there is a natural love and affection between them. The plaintiff was undoubtedly foreign to the contract, but not foreign to the counterparty, it was assumed that she had provided consideration, so she had the right to sue. If the proposal is adopted, it becomes an accepted proposal or a promise. A proposal is not synonymous with a promise, but only becomes a 3) After its adoption, the question is: Am I entitled to demand a consideration as I decide, as my contractual right, since the SBI bank did what I said and benefited from several crores each year? Under Article 37, I have the contractual right to demand payment if I so decide, and SBI is contractually obliged to pay what I require under Article 37, as SBI has implemented what I have said and received benefits worth crore rupees each year from 01-04-2012. Such implementation from 01.04.2012 requires ratification by me, as the contract derives from the article and such a law requires performance by SBI in accordance with § 37 of the Contracts Act.

Genuine consideration means that consideration must not be physically or legally impossible. The consideration is not real in case of impossibility or physical and legal uncertainty. Physical impossibility: When a promise is made to do impossible things that are not physically possible, it is not real. For example, A promises to pay B` 1,00,000 if he will be able to walk 200 km in 5 minutes. This is not a valid consideration because it is not physically impossible for anyone to do so. Legal impossibility: If a promise is made to do things that are prohibited by law, then this is also not a valid consideration. For example, A makes a contract with B that he will pay B 5,000,000 if B murders C. This contract cannot be performed because the consideration is illegal. Uncertain consideration: The consideration must be certain, otherwise it is impossible to conclude an agreement. A contract is legally enforceable, but an agreement is just a socially acceptable promise that may or may not be legally enforceable. We can therefore say that the above definition of the proposal also applies to the offer. Enforceable by law – If these promises are found to be valid by a court and the parties can be held liable for the performance of their promises, the contract is legally enforceable.

In the case of Chinaya v. Ramayya, A, made certain property to her daughter by an act of gift, with the instruction that the daughter must pay a pension to A`s brother. On the same day, the girl signed a written document in favor of the brother and agreed to pay the pension. After that, the girl refused to keep her promise and the brother filed a lawsuit to recover the amount. The accused (sister) argued that, since there was no consideration from the brother and he, who was alien to the consideration, had no right of action. It has been established that it is not necessary for the consideration to depart from the promisor himself. Therefore, the brother had the right to assert the lawsuit. If the nature of the promise is conditional, the first party (the party that must perform in order for the other party to execute it) cannot ask the other party to keep its promise if it does not fulfill it first. In M/S Citadel Fine Pharmaceuticals v. M/S Ramaniyam Real Estates Pvt. Ltd.

and Ors. (2011) it was found that the intentions of the parties expressed in the contract are imperative to indicate whether the timing is essential if the nature of the transaction does not indicate this very clearly. All contracts are legally enforceable agreements, but not all agreements are contracts. U.S. law defines a contract as follows: A contract is a promise or set of promises that are remedied by law or that the law in any way recognizes as a duty. In U.S. law, a necessary element for the creation of an enforceable treaty. An offer is a proposal to conclude an agreement and must express the intention of the person making the offer to conclude a contract, must contain the essential conditions – including the price and subject matter of the contract – and must be communicated by the person making the offer. A legally valid acceptance of the offer constitutes a binding contract.

Section 2 of the Indian Contract Act of 1872 defines what promises are – Decision: It was found that there was no contract between NHAI and the complainant, so the complaint against NHAI was ill-conceived. NHAI has not entered into any contract or agreement with the Appellant, has not given him any assurance with respect to the machine or has no obligation or obligation to him. Nor can NHAI take back the machines on site on the basis of a specific contractual clause with the contractor give rise to a public action by a third party against NHAI. If the complainant has entered into a contract with the Contractor and has enforceable rights on that behalf, the Complainant is free to assert those rights against the Contractor. But, of course, this cannot be done in writing. As noted above, NHAI has no obligation or obligation to the Appellant. The complainant cannot hinder the NHAI in asserting his rights against the contractor. Offer and acceptance are the outstanding conditions of the contract, but perhaps even more important is the requirement of “consideration”. Consideration is the transaction of money for goods or services delivered or the exchange of an “object of value” to the parties.

It can perhaps be considered very controversial about the requirements of a legal and valid agreement, and also the most complex. PROMISE: A commitment in which the promisor enters into a contract with another to do or do something for the benefit of the latter. When a promise is reduced to the form of a written agreement under seal, it is called an alliance. To be binding on the promisor, the promise must be made in exchange for sufficient consideration – if it is made without consideration, however, it can be binding above all, it is not legally binding, as it is nudtim pactum. Promise – Section 2(b) of the Indian Contracts Act, 1872 defines a promise as follows: “If the person to whom the proposal is made gives consent, the proposal becomes an accepted proposal. A proposal, if adopted, becomes a promise. A promise to do or not to do something becomes an agreement if it is accepted by all parties involved in the agreement. Example: Joseph promises to pay Max 5000 rupees if he hurts Sam. Max can`t sue Joseph for the money after hurting Sam because the quid pro quo was against the law. In general, a promisor can take legal action on a promise made to him, but if the consideration does not come from the promisor, but from another person, the latter and not the promisor has a cause of action because he is the person for whom the contract was concluded. 3. Fraud (Section 17): “Fraud” means and includes any act or obfuscation of material facts or false statements knowingly undertaken by or with his consent or by his agent with the intention of deceiving another party of his agent or inducing him to enter into the Contract.

Mere silence is not fraud. a Contracting Party is not obliged to disclose everything and anything of the other Party. There are two exceptions where even simple silence can be fraud, one is where there is a duty to speak, and then silence is fraud. or if silence in itself is synonymous with speech, such silence is fraud. The Indian Contract Act of 1872 contains the guidelines for entering into a valid contract. It plays an important role wherever there is an agreement or contract. The Contracts Act defines the term “contract” in paragraph 2(h) as “a legally enforceable agreement”. There are other laws in the country that exclude certain people from the contract. This is:- 11. Nullity Agreement 2(j): A contract becomes void when it is no longer legally enforceable.

What is important for converting the agreement into a contract is the existence of the counterparty, but it is not essential that the consideration be adequate. This may or may not be appropriate. The consideration should be of some value in the eyes of the law. If the delay is not essential for the contract, the promisor cannot cancel the contract, he can also demand compensation for losses suffered as a result of the delay. However, if the contract stipulates that the actions must be carried out in a certain order, this clause must be maintained. Counterparty that includes an already existing obligation: the consideration should be a new obligation. .