Agreement Contract Law Notes

Under Section 28 (a), an agreement that totally, if not absolutely, limits a party`s rights (i.e., its right to move the courts) through normal court proceedings in ordinary courts, or cannot compel a person to enter into a contract on pain of injury, coercion or other hostile influence. In determining whether a resignation should be granted on the basis of violence, coercion or undue influence, consideration is given to the adequacy of the consideration granted against the resigning party. Another essential feature of a valid contract is that the purpose and consideration must be legal and not contrary to the legal provisions. The object and examination of the object must be legal, otherwise the contract will be cancelled. In some cases, the purpose for which the parties have reached an agreement is legitimate, but the counterpart of the same is to counter the provisions of a legal consideration and to ensure that the agreement is declared unseeded and vice versa. Therefore, for an agreement to be valid, the objective and reflection must be legitimate. The court will not apply an agreement if its purpose and consideration are not legitimate. The term “object of agreement” is used to define the purpose of the design. Section 23 of the Indian Contract Act, 1872, speaks clearly of the rebuttal that is legal and what is not. These are – Gousmohoddin Vs. Appasahib Initiated by the landlord L against tenant T for the possession of premises and arrears – an action in favor of the execution, seizure of T`s personal property – Given the agreement T did not appeal the decree, L authorized a month – detention, valid consideration – valid agreement.

Consent is an essential part of a valid contract. In the absence of the contract, the contract becomes non-acre or not depending on the circumstances. Approval means giving the party the opportunity to exercise its will with respect to the treaty. For the proposal to be valid, approval must be voluntary and genuine. As has already been mentioned, an agreement is required to reach a valid agreement. The consent here relates to the possibility of exercising their will. If consent to an agreement is not free, i.e. one of these factors is coercion, inappropriate influence, fraud or misrepresentation, the agreement is a contract that is voided if the other party chooses to do so, which has obtained agreement on the basis of vitiating factors. For example, when a person is forced to sign an agreement through fraud, they can either maintain the contract or refuse it once they have discovered the truth. An error regarding the attribute was maintained so as not to avoid the agreement. There can only be an identity error if a person with a particular identity exists on the applicant`s knowledge and the applicant intends to deal with it only. If the name adopted by the impostor is fictitious, there will be no mistaken identity.

At Hargopal v. People`s Bank of Northern India LTD was the subject of a stock application, on the condition that the plaintiff be appointed director of the new branch.

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