The secretary of a Mosque Committee filed a suit to enforce a promise which the promisor had made to subscribe Rs. Hence the suit was dismissed. Gauri Mohamed, The facts of this case were almost similar to those of the above case, but the secretary in this case incurred a liability on the strength of the promise. The amount could be recovered, as the promise resulted in a sufficient detriment to the secretary.
It determines the circumstances in which promises made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some rights and duties on the contracting parties.
Hence this legislation, Indian Contract Act ofbeing of skeletal nature, deals with the enforcement of these rights and duties on the parties in India. It was enacted mainly with a view to ensure reasonable fulfillment of expectation created by the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties.
Erle succeeded by Sir. James and Justice Wills succeeded by J. Hendersonhad presented the report on contract law for India as Draft Contract Law Before the enactment of the Indian Contract Act,there was no codified law governing contracts in India.
The Act as enacted originally had Sections, it had wide scope and included. The developments of modern business world found the provisions contained in the Indian Contract Act inadequate to deal with the new regulations or give effect to the new principles.
At present the Indian Contract Act may be divided into two parts Part 1: According to Section 2 A of the Indian Contracts Act,when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.
Hence, proposal is synonymous to offer. So, we can say that the above definition of proposal is also valid for offer. According to Section 2 B of the Indian Contract Act,when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted.
A proposal, when accepted, becomes a promise. Offer is an open invitation by the promisor for the acceptance of the terms and conditions of the undertaking, which when accepted by the promisee becomes binding on both parties and the proposal becomes a promise.
Hence the difference between an offer proposal and a promise lies in acceptance of the offer proposal. In American Law, an element required in the creation of an enforceable contract.
An offer is a proposal to enter into an agreement and must express the intent of the person making the offer to form a contract, must contain the essential terms — 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 will create a binding contract. In the Indian Contract Act,under Section 2 H it is said that an agreement enforceable by law is said to be a contract. American Law defines contract in the following manner -A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.
How an Offer Becomes a Contract: An offer when accepted gives rise to an agreement. It is at this stage that the agreement is reduced into writing and a formal document is executed on which parties affix their signature or thumb impression so as to be bound by the terms and conditions of the agreement as set out in the document.
Such an agreement has to be lawful and we know from the definition of contract of the Indian Contract Act, that an agreement enforceable by law is a contract. This is how an offer becomes a contract. In contracts, a promise is essential to a binding legal agreement and is given in exchange for consideration, which is the inducement to enter into a promise.
A promise is illusory when the promisor does not bind herself to do anything and, therefore, furnishes no consideration for a valid contract. For an offer to be accepted there must be an offer and that has to be accepted to make an agreement. The various modes of making an offer are orally, in a written form or by conduct.
Irrespective of the mode in which the offer is made, it is the intention or willingness of the offeree which is of paramount importance and that is clearly a subjective issue.
A classic example of this is the display of products at Supermarkets and on shelves, e. The offer does not become a contract until the merchandise is taken to the counter and the price checked. At this point the customer can accept the merchandise and pay the price, thereby completing the transaction and forming the contract.
On the footing laid forward by the offer there must be a clear unequivocal communicating of acceptance of the offer.MOHIRI BIBEE VS DHARMODAS GHOSE Brahmo Dutt was a money-lender and carrying his business in Calcutta and elsewhere. Dharmo Dass, a minor entered into a contract with Brahmo Dutt.
Mohribibee Vs Dharmodas Ghose Case Study Dharmodas Ghose CASE ( BRIEF FACTS- Dharmodas Ghose, a minor, entered into a contract for borrowing a sum of Rs. 20, out of which the lender paid the minor a sum of Rs. 8, The minor executed mortgage of property in favour of the lender.
Subsequently, the minor sued for setting aside the mortgage. Oct 17, · Calming Soothing Sleeping Music, Piano Relaxation Tranquility 24/7 - Yoga, Meditation, Study Jason Stephenson - Sleep . We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads.
MOHORI BIBEE VS DRAHMOS GHOSH 1. MMoohhoorrii BBiibbeeee vv.. About the Case • The Dharmodas Ghose lent the MINOR the sum of 20, rupees at 12% interest and secured the loan by way of mortgage executed by the MINOR in favor of the.
MOHIRI BIVEE VS DHARMODAS GHOSH - Indian Kanoon Minors are not eligible to enter into contract u/s 11 of the contract act. Hence any contract with a minor. MOHIRI BIVEE VS DHARMODAS GHOSH - Indian Kanoon Minors are not eligible to enter into contract u/s 11 of the contract act.
Hence any contract with a minor.