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Whiteboard 19 Mar 2024

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0% found this document useful (0 votes)
29 views7 pages

Whiteboard 19 Mar 2024

Uploaded by

Lakshay Raut
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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CA FOUNDATION

Indian Contract Act,


1872
Contract-An ESSENTIALS OF A VALID CONTRACT TYPES OF CONTRACTS
agreement On the basis of the validity
enforceable by Two Parties: One cannot contract with himseW. A Valid Contract- contains all the essential elements
law". Sec 2 (h) contract involves at least two parties- one party Void Contract: "A contractvmich ceases to be
Agreement-every making the offer and the other party accepting It.- enforceable by law becomes void vmen it ceases to be
promise and every State of Gujarat vs. Raman laI S & Co. enforceable sec 2 (11
set of promises, Parties must intend to create legal obligations: Voidable Contract- an agreement vmich is enforceable
forming the There must be an intention on the part of the by law at the option of one or more parties thereto, but
consideration for parties to create legal relationship between them not at the option of the other Sec. 2(Q
ea ch other Sec. Other Formalities to be complied with In certain Illegal Contract- It is a contractvmich the law forbids to
2(e) cases: A contract may be llllfitten or spoken. be made
Promise - ..,..,en Certainty of meaning: The agreement must be Unenforceable Contract- such contracts have some
the parson to certain and not vague or indefinite. technical defect I.e. absence in llllfiting, barred by
vmom the proposal Possibility of performance of an agreement-An limitation etc.
Is made signifies agreement to do an act impossible In itseW cannot On the basis of the formation of contract
his assent there to, be enforced. Express Contracts-contract if the terms are expressed
the propose! Is As per section 10 by words or in llllfiting.
said to be Offer and Acceptance or an agreement- one Implied Contracts-by action or conduct of parties or
accepted. part makes offer and other gives acceptance and course of dealings between them
Propose! vmen the refore it becomes an agreement Tacit Contracts: The word Tacit means silent. Example
accepted, Free Consent: Two or more parsons are said to ATM money withdraw, Auction sele
becomes a consent when they agree upon the same thing In Quasi.Contract- law creates and enforces legal rights
promise Sec.2 (b) the same sense. This is called consensus ad and obligations when no real contract exists.
idem. Further such consent must be free. E.Contracta: contract entered into by two or more
Capacity of the parties- minor, parsons of parties using electronics means, such as e-mails
unsound mind and parsons disqualified are not On the basis of the performance of the contract
competent to contract Executed Contract: -When the act is done or executed
Consideration: It is referred to as 'quid pro quo' Executory Contract: - consideration is to be performed
i.e. 'something in return' in future only
Lawful Consideration and Object: The Unilateral Contract: where one party has performed his
consideration and object of the agreement must duty or obligation and the other party's obligation is
be la~ul outstanding
Not expressly declared to be void: -A void Bilateral Contract: A Bilateral contract is one vmere the
agreement is one without any legal effects. obligation is outstanding on the part of both the parties.

Proposal - ..,..,en one person signifies to another his willingness to do orto abstain from doing ACCEPTANCE
anything with a view to obtaining the assent of that other to such act or abstinence, he is said to "When the person to whom the
make a proposal" sec 2(a) proposal is made signifies his assent
Essentials thereto, proposal is said to be
a. The person making the proposal or offer is called the 'promisor' or 'offeror' accepted The proposal, when
b. For a valid offer, the party making it must express his willingness 'lo do' or 'notto do' accepted, becomes a promise". Sec 2
something: (b)
c. The willingness must be expressed with a view to obtain the assent of the other party to vmom
the offer is made
d. An offer can be positive as well as negative Relationship bet-.n offer and
acceptance: According to Sir William
Essential ofa valid offer Anson "Acceptance is to offervmat a
a. It must be capable of creating legal relations-If the offer does not intend to give rise to legal lighted rratch is to a train of gun powder".
consequences, I is not considered as a vaid offer in the eye of law.
b. It must be certain, defirite and not vague:
c. It must be communicated to the offeree-An acceptance of an offer, in ignorance of the offer, Legal Rules regarding a valid
is not acceptance and does not confer any right . Lalman Shukla v. GauriDutt acceptance
d. It must be made with a view to obtaining the assent of the other party- not merely with a a. Acceptance can be given only by
view to disclosing the intention of making an offer. the person to whom offer is made:
e. It may be conditional: An offer can be made subject to any terms and conditions by the In case of a specific offer. it can be
offeror. accepted only by the person to vmom
f. Offer should not contain a term the non<ompliance of which would amount to I is made. [Boulton vs. Jones
acceptance (1857))
g. The offer may be either specific or general b. Acceptance must be absolute and
h. The offer may be express or Implied: An offer may be made either by words or by conduct. unqualified: A,; par section 7 of the
I. An Invitation to make an offer la not offer.~n case of ·an invitation to make an offer", the Ad, acceptance is valid only vmen ij
parson me king the invitation does not make an offer rather Invites the other party to make an is absolute and unqualWied
offer c. The acceptance must be
J. A statement of price la not an offer communicated- acceptance must be
cornnunicated in some manner
vmen a proposal is accepted, the
Classification of offer offeree must have the knowledge of
a. General offer: it is an offer made to public at large and hence anyone can accept(Carlill Vs. the offer made to him.
Carbolic Smoke Ball Co.). Brogdlen vs. Metropolitan Railway
b. SpeciaVspecific offer: When the offer is made to a specific person only such person can Co.
accept.
c. Cross offer: When two parties exchange identical offers in ignorance of each other's offer
d. Counter offer: When the offeree accepts the offer subject to some conditions
e. Standing or continuing or open offer: An offervmich is aUowed to remain open for
acceptance over a period of time
a. Acceptance must be in the prescribed mode: Where the mode of
acceptance is prescribed in the proposal, It rrust be accepted in that
rranner.
b. Time: Acceptance must be giwn within the specified time lirm, II any, and
II no time is stipulated, acceptance must be given within the reasonable
time
c, Mere silence 11 not acceptance: The acceptance of an offercannot be
in'1)1ied from the silence of the offerff or his failure to ansv..r FelthouH
VI. Bindley
d. Acceptance by conductnmplied Acceptance-v,t,en a person performs
Iha act intended by the proposer as the consideration for the promiH
offered by him, Iha parforrNnce of Iha act cons~uteucceptance.

When doe• offer lapH1


a. By notice of revocation:
b. By lapse of time: The time for acceptance can lapse II the acceptance is
not given within the specifoed time and where no time is specified, then
within a reasonable time.
c. By non-fuJilment of condlion precedent: Where the acceptor falls to fulfill
a condition precedent to acceptance the proposal gets revoked
d. By death or insanity: Death or insanrtyofthe propoHrwould result in
autometic revocation of the proposal but only II the fact of death or Insanity
comes to the knowledge of the acceptor.
a. By counter off8f
f. By the non-acceptance of Iha offer according to the prescribed or usual
mode
g. By subsequent lllegalfy
Communication of offer: "the communication of offer is C0"'1)1ete when It
comes to Iha knowledge of the person to whom It is made sac 4
Communication of acceptance•
a. The communication of acceptance is complete as against the offeror,
when It is put in a course of transmission to him, so as to be out of the
power of the offeree.
b. The communication of acceptance is complete as against the offeree,
when It comes to the knowledge of the offeror.
REVOCATION OF OFFER ANO ACCEPTANCE
a. before the communication of its acceptance is complete as against the
offerer
b. communication of the acceptance is complete as against the offeree

I
I
''When at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains
from doing or promises to do or abstain from doing something, such an act or abstinence or promise is called consideration
for the promise". Sec 2(d)

LEGAL RULES SUIT BY A THRO PARTY TO A VALl>ITY OF AN AGREEMENT WITHOUT


1. Consideration must move at the desire CONTRACT CONSIDERATION Section 25
of the prornisor: Consideration must be the consideration for an agreement may The general rule is that an agreement made
offered by the promisee or the third party at proceed from a third party but, such third without consideration is void
the desire or request of the promisor. An party cannot sue on contract this is called Eceptions
act done at the desire of a third party is not "doctrine of privily of contract" 1.Natural Love and Affection- 4 conditions
a consideration. Durga Prasad v. Baldeo exceptions a) must be made out of natural love and
2. Consideration may move from promisee 1. In the case of trust, a benefociary can affection
or any other person- Consideration may enforce his right under the trust b) Parties must stand in near relationship
proceed from the promiHe or any other 2. In the case of a family settlement c) must be in 11\/riting
person v.tlo is not a party to the 3. r the terms are in writing, the members d) must also be registered
contract.Chinnayya vs. Ramayya of family who originally had not been 2. To pay for for past voluntary servicH -
3. Executed and executory consideration-A perties to the settlement may enforce 4 conditions
consideration which consists in the the agreement. a. The services to be rendered voluntarily
performance of an act is said to be 4. In the cau of certain marriage b. The services to be rendered for the
executed but if l consists in a promise, It is contracts/arrangements-a provision promisor
said to be executory. may be made for the benefit of a c. The promisor must be in existence at the
4. Consideration may be past, present or person, he may file the suit time v.tien services -were rendered
future- before, at or after the contract. 5. In the case of assignment of a d. The promisor must have intended to
5. Consideration need not be adequate-It contrac~ when the benefit under a compensate the promisee.
need not be of thequal value with the contract has been assigned, the 3. Promise to pay time barred debt
promise but It must be something which the assignee can enforce the contract Where a promise is made in writing to pay a
law would regard as having some value 6. Acknowledgement or estoppel - debl barred then It is enforceable.
6. Performance of what one is legally v.tlere the promisor by his conduct 4.Agency: As per sec 185 no consideration is
bound to perform- cannot be acknowledges himseJ as an agent of necessary to create an agency
consideration fora contract. the third perty, It would result into a IS.Completed gift -the rule no consideration
7. Consideration must be real and not binding obligationtowsrds third party. no contract does not apply.
illusory-W It is legally or physicaly 7. In the case of covenant running Bailment: No consideration is required to
impossible l is not considered vaid with the land, It can be enforced by create the contract of baiment.
consideration the successor of the seller. 6.Charity: If a promisee undertakes the
8. Consideration must not be unlawful, 8. Contracts entered into through an liability on the promise of the person to
Immoral, or opposed to pubiic policy agent: can be enforced by the agent. contribute to charity, there the contract shall
be valid
Meaning: Capacity refers to Law relating to Minor's agreemenUPosition of Minor FREE CONSENT
the competence of the parties a. A contract made with or by a minor is void ab-tnitto: A a. "Two or more persons are said to
to make a contract. minor is not competent to contract and any agreement .,..h or consent when they agree upon the
Who is co...,.tent to by a minor is void from the very beginning. Mohori Bibi vs. same thing in the same sense.·
contract (Section 11) Dharmo Das Ghose Sec13
a. has attained the age of b. No ratification after attaining majority: A minor cannot ratify b. Consent Is said to be free when II
majoriy, the agreement on attaining majority as the original agreement is not caused by: Coercion, Undue
b. Is of sound mind and Is void ab initio Influence, Fraud,
c. Is not disqualified from c. Minor can be a beneficiary or can taka benefit out of a Misrepresentation, Mistake. Sec 14
contracting by any law to contract- a promissory note duly executed in favour of a minor
which he Is subject is not void and can be sued upon by him, Coercion-
d. A minor can ai-yI plead minority and Is not stopped to do •· Coercion' is the committing, or
Person of sound mind: "a so even where he has taken any loan or entered into any threatening to commit, any act
person is said to be of sound contract by falsely representing that he was major. forbidden by the Indian Penal
mind for the purposes of •· Liability for nece11aries• in such case minors property is Code or the unlawful detaining,
making a contract if, at the liable. or threatening to detain any
time when he makes It is f. Contract by guardian• how far enforceable:his guardian property, to the prejudice of any
capable of understanding It can, under certain circum1t1nce1 enter valid contract on person whatever, with the
and of forming a rational minor's behd Intention of causing any person
judgement as to its effect g. No specific performance: A minor's agreement being to enter Into an agreement."
upon his interests." Sec 12 absolutely void, therefor specific performance not possible. Sec 15
Person who is usually of h. No Insolvency: A minor cannot be declared Insolvent II he Is b. Effects of coercion sec 19
unsound mind, but incapable of contracting debts Contract inducad by coercion Is
occasionally of sound mind, i. Partnership: A minor cannot be a partner in I firm, but he can voidable at the option ofthe
may make a contract when he be admitted to the benefms of partnership. party whose consent was so
is of sound mind. j. Minor can be an agent-But he will not be liable to his principal obtained.
Contract by a person who is for his acts. A person to whom money has
not of sound niind is votd. k. Minor cannot bind parent or guardian: -infant is not capable been paid or anything delivered
Contract by disqualified of binding his parent or guardian under coercion must repay or
persons: I. Joint contract by minor and adult: such contract 11 valid return l. (Section 72)
Foreign Sovereigns and but only major liable Threat to commit suicide will be
Ambassadors, Alien enemy, m. Surety (Guarantor) for a minor: • is always liable to th~d regarded as coercion.
Corporations. Convtets, party.
Insolvent etc. are disqualified n. Minor H Shareholder: A minor, being incompetent to contract
to enter into contract. cannot be a sharaholder of the company.minor may, acting
though his lawful guardian become a shareholder by transfer or
transmission offuny paid shares to him.
o. Liability for torts: A tort is a civil wrong. A minor is liable in tort
unless the tort in reality is a breach of contract.

Undue influence -A contract is said to be induced by Fraud Sec.17


'undue influence' where the relations subsisting 'Fraud' means and includes any of the folowing acts committed by a party to a
between the parties are such that one of the parties is in contract, or with his connivance, or by his agent, with an intenlto decaive another
a position to dominate the will of the other and he uses party thereto or his agent, or to induce him to enter Into the contract:
that position to obtain an unfair advantage over the a. the suggestion, as a fact,ofthatwhich is not true,
other". Sec 16 b. the active concealment of a fact by one having knowledge or belief of the fact:
Essential ingredients c. a promise made without Intention of performing it;
a. Relation ~ n the parties d. other act lilted to deceive;
b. Position to dominate the will: e. any such act or omission as the law specialy declares to be fraudulent.
Real and apparent authority: in the case of master Essential elements
and servant, doctor and patient and etc a. There must be a representation or assertion
Fiduciary relationship: relation of trust and confidence b. Representation must be relate to fact
exists between parties like father and son, husband and c. Representation should be made before the conclusion of the contract
wife. d. Representation should be made with a knowledge of its falsity
Mental distress- Undue Influence can be used against e. other party must have been induced to act upon the representation
a person whose mental capacity is temporarily or I. other party must have relied upon the representation and must have been
permanently affected by the reason of mental or bodily deceived.
distress, illness or of old age. g. other party acting on the representation must have suffered a loss
Unconscionable bargain- are witnessed mostly in Whether Silence is fraud or not?
money-lending transactions. a. There is duty to speak.
a. The object must be to take undue advantage b. When silence is equal to speech.
Burden of proof Effect of Fraud upon validity of a contract:
When a party to contract decides to avoid the contract a. rescind the contract
on the ground of undue Influence, he has to prove that• b. can sue for damages.
The other party is in poslion to dominate his wll, c. can insist on the performance oflhe contract on the condition that he shall be put
the other party actually used his position to in the position in which he would have been had the representation made been
obtain his consent, true.
transaction is unfair or unconscionable. Exception: In the following cases, contract is not voidable:
Effect of undue influence- (Section 19A) a. lflhe party, had the means of discovering the truth with ordinary
the agreement is a contract voidable at the option of the diligenca.
other party b. A fraud which did not cause the consent of the party to agreement.
Any such contract may be set aside either absolutely or,
Wthe party who was entitled to avoid it has received any
benefrt thereunder, upon such T & C as to the Court Misrepresentation Sec 18
may seem just. a. Statement of fact, which of false, would constitute misrepresentation Wthe
'----------------------l maker believes ltto be true
b. When there is a breach of duty by a person without any Intention to deceive
c. Where party causes, even though done Innocently, the other party to the
agreementto make a mistake
Mistake LEGALITY OF OBJECT AND CONSIDERATION Sec 23
Mistake may be defined as a. When consideration or object is forbidden by law: Acts forbidden by law are those which are
innocent or erroneous belief punishable under any statute as well as those prohibrted by regulations
which leads the party lo b. V\lhen consideration or object are of such a nature that if permitted it v«>ukj defeats the provisK>ns of law:
misunderstand the others c. When it is fraudulent: Agreements which are entered into to promote fraud are void.
Mistake of Indian Law: A d. When consideration Is immoral-agreement which involves an immoral act would be unlawful and void.
person cannot be allo'VY8d to Generally interference in the martial relations of a person has been held to be an immoral act.
get any relief on the ground e. When consideration Is opposed to public policy:
that rt had done a particular Trading with enemy: Any trade with person owing allegiance to a Government at war with India wrthout
act in ignorance of law. the licence of the Government of India is void
Mistake of foreign law: Stifling Prosecution: An agreement to stifle prosecution i.e. ·an agreementto present proceedings
Such a mistake is treated as already instituted from running their normal course using force"tends to be a perversion or an abuse of
mistake of fact and the justice; therefore, such an agreement is void.
agreement in such a case is Trafficking relating to Public Offices and @es:
void An agreement to trafficking in public office is opposed to public policy, as it interferes with the
Bilateral mistake: Where appointment of a person best qualWled for the service of the public. Public policy requires that there
both the parties to an should be no money consideration for the appoinlmentto an office in which the public is interested
agreement are under a An agreement to pay money to a public servant in order to induce him to retire from his office.
mistake as to a matter of An agreement to procure a public recognition like Padma Vibhushan
fact, there is a bilateral Agreements tending to create monopolies: Agreements having for their object the establishment of
mistake. In such a case, the monopolies are opposed to public policy and therefore void.
agreement is void Sec 20). Marriage brokerage agreements: An agreement to negotiate merriage for reward, which is known as a
Mistake as to the qualrty of merrlage brokerage contract, Is void, as it Is opposed to pubic policy.
the subject•matter. Interference with the course of Justice: An agreement whose object is to Induce any judicial officer of
Mistake as to the existence the State to act partially or corruptly is void,
of the subject Interest against obligation
Mistake as to the identrty of An agreement by an agent to receive 'Nithout his principal's consent compensation from another for the
the subject-matter performence of his agency is
Unilateral Mistake: Maintenance and Champerty: Maintenance is an agreement in Which a person promises tomaintain suit
According to Section 22. a in which he has no interest
contract is not voidable Champerty is an agreement in which a person agrees to assist another in !ligation in- exchange of a
merely because it was promise to hand over a portion of the proceeds of the action
caused by one of the parties Such agreements are not valid ff
to it being under a mistake It is unreasonable so as to be unjust to other party or
as to a matter of fact. It is IT8de by a malicious motive
Consideration Unlawful In Part:, if any part of a single consideration for one or more objects, , is unlawful,
the agreement Is void. Sec 24

VOID AGREEMENTS
Agreement in restraint of marriage (Section 26): Every agreement in restraint of marriage of any person other than a minor, is void
Agreement in restraint of trade (Section 27): An agreement by which any person is restrained from exercising a lawful profession,
trade or business of any kind, is to that extent void.
Exceptions
Buyer of goodwill refrain seller from carrying similar business within specified local limits, such an agreement is valid
Outgoing partner agree with continuing partners that he will not carry similar business wrthin a specified period or within specified local
limits, such an agreement is valid Sec 36 OF IPA
Agreement between partners not to carry on competing business during the continuance of partnership is valid.Sec 11 OF IPA
Agreement in restraint of legal proceedings Sec 28
An agreement restricted absolutely from enforcing rights under a contract through a Court or which abridges the usual period for starting
legal proceedings, is vokt.
Exceptions
Contract by which the parties agree any dispute shall be referred to arbitration and amount awarded in such arbitration shall be
recoverable
contract by which the parties agree to refer to arbitration any question between them. Such contract must ba in writing.
Agreement• the meaning of Which is uncertain Sec 29: An agreement, the meaning of which is not certain, is void
Wagering agreement (Section 30): It is an agreement involving payment of a sum of money upon the detemination of an uncertain
event. Such agreement is also void.
Essentials of a Wager
Promise to pay money or money's worth
Conditional on an event happening or not happening
Uncertainty of event.
Two parties, each party must stand to win or lose.
Common intention to bet at the liming of making
Have no interest in the event except for stake.
Transactions similar to Wager
Lottery transactions:
A lottery is a game of chance and not of skill or knowledge. Lotteries are ilegal and even collateral
transactions are illegality. Even if the lottery is sanctioned by the Government of India It is a wager but
person responsible for running the lottery will not be punished under the Indian Penal Code.
Crossword Puzzles and Coff1)4111tlons: Crossmrd puzzles in which prizes depend upon the
correspondence of the competitor's solution with a previously prepared solution kept with the editor of a
newspaper is a lottery and therefore, a wagering trsnsactlon. According to the Prize Competition Act,
1955 prize competitions in games of skill are not wagers provided the prize money does not exceed·
1,000.
Speculative transactions: an agreement or a share market transaction where the parties intend to
settle the difference between the contract price and the market price of certain goods or shares on a
specifoed day, is a gambling and hence void.
Horse Race Transactions: A horse race competition where prize payable to the bet winner is less
than • 500, is a wager.
Transactions resembling with wagering transaction but are not void
Chit fund:ln case of a chit fund, a certain number of persons decide to contribute a fixed sum for a
specifoed period and at the end of a month, the amount so contributed is paid to the lucky winner of the
lucky draw.
Commercial transactions or share market transactions: In these transactions in which delivery of
goods or shares is intended to be given or taken, do not amount to wagers.
Games of skill and Athletic Competition:-prize competition in games of skill are not wagers provided
the prize money does not exceed· 1,000.
A contract of insurance: A contract of insurance is a type of contingent contract and is valid under
law and these contracts are different from wagering agreements.

CONTINGENT CONTRACTS QUASI CONTRACTS


Definition of 'Contingent Contract' Sec 31 It is not a proper contract but It is an obligation imposed ny law
"A contract to do or not to do something, if some and therefore It resembles like a contract
event, collateral to such contract, does or does not features
happen In the first place, such a right is always a right to money and
Essentials of a contingent contract generaly,to a liquidated sum of money
The performance of a contingent contract depend upon it does not arise from any agreement of the parties concerned,
the happening or non-happening of some event but is imposed by the law; and
The event referred to as colateral to the contract. The is a right which is available not against al the world, but against
event is not part of the contract. a particular person
The contingent event should not be a mere 'wil' of the Claim for necessaries supplied to persons incapable of
promisor contracting- Wa person, incapable of entering into a contract,
The event must be uncertain or anyone whom he is legally bound to support. is supplied by
RULES RELATING TO ENFORCEMENT another person with necessaries suited to his condition in
Enforcement of contracts contingent on an event life, the person who has furnished such supples is entitled to
happening-ii cannot be enforced by law unless and unti be reimbursed from the property of such incapable person.
that event has happened. Sec 32 Sec68
Enforcement of contracts contingent on an event not Payment by an interested person: A person who is interested
happening: It can be enforced only when the happening in the payment of money which another is bound by law to pay,
oflhal event becomes impossible and not before•. Sec and who therefore pays It, is entitled to be reimbursed by the
33 other. Sec 69
Contract contingent on future conduct of a living person •, Obligation of person enjoying benefits of non-gratuitous
the event shall be considered to have become impossible act- "where a person la'Nfully does anything for another
when such person does anything which renders It person, or delivers anything to him not intending to do so
impossible Sec 34 gratuitously and such other person enjoys the benefrtlhereof,
Contingent on happening of specified event within the latter is bound to pay compensation to the former Sec 70
the fixed time:• It becomes void if, at the expiration of Responsibility of finder of goods (Section 71
lime fixed, such event has not happened, Sec 35 finder of lost goods has:
Contingent on specified event not happening within to take proper care of the property as men of ordinary
fixed time: mey be enforced by law when the time fixed prudence muld take
has expired and such event has not happened Sec 35 no right to appropriate the goods and
Contingent on an impossible event Contingent to restore the goods if the owner is found
agreements to do or not to do anything, if an impossible Hollins vs. Howler L R. & H. L
event happens are void, whether the impossibility of the Money paid by mistake or under coercion Sec 72: "A person
event is known or not to the parties to the agreement at to whom money has been paid or anything delivered by
the time v.tien ii is made. Sec 36 mistake or under coercion, must repay or return ir.
CHAPTER I OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS
3. Communication, acceptance and revocation of proposals.
4. Communication when compioto.
5. Revocation of proposals and acceptances.
6. Rovoeation how made.
7. Acceptance must be absolute.
8. Acceptance by perforrTVng conditions, or receiving consideration.
9. Promisos, expross and implied.
CHAPTER II OF CONTRACTS, VOIDABLE CONTRACTS ANO VOID AGREEMENTS 10. What agreements are contracts.
11. \Mio aro compotont to contract.
12. What is a sound mind for the purposos of contracting.
13. "Consent" defined.
14. "Free consent" defined.
15. "Coercion" defined.
16. "Unduo influonec"defined.
17. "Fraud" defined.
18. "Misrepresentation" defined.
19. Voidabillty of agreements withoul free consent.
19A. Powor to sot aside contract induced by unduo influence.
20. Agreement void where both partios aro under mistako as lo matter of fact.
21. Effect of mistakes as to law.
22. Contract caused by mistako of ono party as to mattor of fact.
23.Whal considerations and objocts oro lawful. and what not. Void agreements
24. Agreement void, if considerations and objects unlawful in port.
25. Agreement without consideration, void, unless It is in writing and registered, or is a promise to compensato for something done, or is a
promise to pay a debt barred by !imitation law.
26. Agreement in restraint of marriage, void.
27. Agreement in restraint of trade, void. Saving of agreement not to carry on business of which good-will is sold.
28. Agreements in restraint of legal proceoding void.
29. Agreomonts void for uncertainty.
30. Agreoments by way of wager, void .
.CHAPTER Ill OF CONTINGENT CONTRACTS
31. "Contingent contract· defined.
32. Enforcement of contracts contingent on an event happening.
33. Enforcement of contracts contingent on an event not happening.
34., if It is the future conduct of a living person.
35. When contracts boecmo void which aro contingent on happening of specified event within fixed limo.
36. Agreement contingont on impossible ovents void.

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