Legality of Object
Legality of Object
Legality of Object
If it is forbidden by law
e.g.- Mr X, a Hindu already married and having
living wife, enters into a marriage agreement
with Miss Y, an unmarried girl. The
agreement is void as second marriage is
prohibited by Hindu Law
Agreement in Restraint of
Trade
Every agreement
by which any one
is
restrained from exercising a lawful profession,
trade or business of any kind, is to that extent
void
The restraint may be complete or partial:- (In
Partial restrain, one is prevented from carrying
on a particular kind of business within a
particular locality or for a particular time)
1. e.g.- An agreement that one party will close a
mill for one month and an agreement that
one party would sell meat for 14 days in a
month are held void.
Contingent contract
A contingent contract is a contract to do
or not to do something
Quasi contract
Sometimes there is no intention on the
part of parties to enter into contract but
obligations resembling those created by
a contract are imposed by law.
1Claim for necessary supplied
2Obligation of a person enjoying
benefits of non-gratuitous
3 Responsibility of finder of loast goods
Performance of Contract
Performance means where a contract is
duly performed by both the parties and
contract comes to an happy ending and
nothing more remains.
According to Section 37, The parties
to a contract must either perform or
offer to perform their respective
promises, unless such performance is
excused under the provision of this Act
Types of Performance
Actual Performance- performance by both
the parties.
Attempted performance(Tender)- Offer of
performance from one party not accepted
by promisee.
Offer of performance or tender
A valid tender of performance is considered
to be the performance of promise and it
discharges a party from his obligation under
a contract.(under the rejection of offer)
Promisor himself
Agent
Representatives
Joint Promisors
Discharge of Contract
A contract is discharged when parties to
a contract no longer have any
obligation under the contract.
Various modes:-----Discharge by performance
Mutual agreement
Impossibility of performance
Operation of Law
Lapse of time
Breach of contract
Discharge by Performance
Actual performance
Attempted performance or tender
Discharge by breach of
contract
of performance