recruitment Flashcards
indemnity
124
guarantee
126
contracts defined
2(h)
2(e)
agreement
2(b)
promise
valid contract
free consent
parties competent to contract
lawful consideration
lawful object not declared to be void
proposal defined
2(a)
agreement without consideration is void
sec 25
competent
sec 10, sec 11 (who is competent - age of majority + sound mind), sec 12
undue influence
sec 16
fraud
sec 17
when does fraud happen
- suggestion believing it not to be true
- active concealment
- promising without the intention of performing jt
4.
when silence amounts to fraud
- utmost good faith (uberrima fide)
- silence equivalent to speech
when silence amounts to fraud
- utmost good faith (uberrima fide)
- silence equivalent to speech
when coercion
- threatening to do act forbidden by ipc
- threatening to detain property
misrepresentation
sec 18
misrep
- innocent misrep
- misleading misrep
- suppression of vital facts
consent
sec 13
unlawful agreement
- forbidden by law
- defeat provisions of any law
3 fraudulent - involves or implies injury to the person or property
- immoral or opposed to public party
discharge of contracts
peformance
breach
impossible
agreement
situations of impossibility
- destruction of subject matter
- law
- war
damages
73 to 75
indemnity section
124
indemnity
promise to save one from loss caused by the act of promisor or third person
right of indemnity holder
sums, costs and damages that he may be made to pay in a suit
guarantee section
126
parties
surety, creditor, principal debtor
consideration in guarantee
anything done for the principal debtor
suretys liability
co extensive with that of the principal debtor
when guarantee invalid
misrep, concealment
essentials of a guarantee
three parties
liability enforceable by law
discharge of surety
- continuing guarantee - any time
- detah of surety
- variance
- loss of security by the creditor
bailment bailor bailee defined section
148
essentials of bailment
delivery of possession, specific purpose, goods to be returned or disposed off
types of bailment
gratituous, use, reward, safe custody, mutual benefit, pleadge. finding of lost goods
bailors duty
disclose, repayment of expenses
duty of bailee
no unauthorised use
return
care
pledge
sec 172
section 5 of arb act
no judicial intervention
section 9 of arb act
interim measures from court
section 9 of arb act
interim measures from court
sec 11
appt of arb
section 34
setting aside - public policy fraud misrep corruption fundamental procedural unfairness
contract in restraint of marriage void
26
contract in restraint of trade
27
void agreements
marriage
trade
unlawful
legal proceedings
wagers