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Prof. Jenny Pinto delivered this lecture for Technical Writing course at Laxmibai National Institute of Physical Education. It includes: Right, Marriage, Agreements, Trade, Combinations, Service, Contracts, Parties, Wagering, Uncertain
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A N A G R E E M E N T T H A T D O E S N O T G I V E R I S E T O L E G A L O B L I G A T I O N S I S V O I D A B - I N I T I O - S E C 2 ( G ). F O L L O W I N G A G R E E M E N T S A R E E X P R E S S L Y D E C L A R E D T O B E V O I D B Y L A W :
Agreements Restraining the Right of Marriage of Persons Other Than Minors: Every agreement in restraint of marriage of a person other than a minor is void by law. (Sec26)
Agreements Restraining the Right of Trade: The right of every person to engage in any lawful trade, business or occupation can not be interfered. Following are, however, exceptions to this rule: Sale of good will Partners Agreements Trade Combinations Service Contracts
them, they will refer it to arbitration.
court decision.
which are equally competent to try their lawsuit.
Uncertain Agreements:
Uncertain agreements are those in which their terms
are not clear, complete and certain. Such agreements are void. (Sec 29) Wagering Agreements:
Wager means a bet. It is an agreement to pay money
or money’s worth on the happening or non- happening of a future event. Each party has an equal chance of winning or losing the bet. Collaterals to wagering agreements are also void.
Contingent Contracts: A contingent is a contract is a contract to do or not to do something, if some event, collateral to such contract does or does not happen (Sec.31). The collateral event means a connected event which is not a part of consideration but in fact, is a part of contract.
Rules Regarding Performance of Contingent Contracts:
Contingent contracts to do or not to do something, if an uncertain future event happens, can not be enforced until that event has happened. In case the event becomes impossible, the contract becomes void (Sec. 32).
Contingent contracts to do or not to do something, if an uncertain future event does not happen, can be enforced when the happening of that event becomes impossible, and not before ( Sec.33).
Contingent contracts to do or not to do anything if a
specified uncertain event does not happen within a fixed time, may be enforced by law when the fixed time has expired and such event has not happened, or before the time fixed has expired, if it becomes certain that such event will not happen -Sec.35(2).
Contingent agreements to do or not to do anything if
an impossible event happens, void, whether the impossibility of the event is known or not to the parties at the time of agreement (Sec.36).
Quasi Contracts:
Quasi contract is also called constructive contract.
Quasi contracts are not actual contracts, but certain obligations are imposed by law upon a person for the benefit of another person even in the absence of a contract. Quasi contract obligations are based on the principle of equity and justice which states that no body shall be allowed to become rich at the cost of another.
Supply of Necessaries
If a person incapable of entering into a contract or
anyone whom he is legally bound to support, is supplied by another person with necessaries suited to his conditions in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person (Sec 68).
Payment by Interested Person: A person, who is interested in the payment of money which another person is bound by law to pay, and who therefore pays it, is entitled to be reimbursed by the other (Sec 69).
Compensation for non-Gratuitous Acts:
When a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefits thereof, the latter is bound to make compensation to the former, or to restore the thing so done or delivered (Sec 70).
Rights
Retain the goods
Receive all expenses incurred
Refuse to return goods if all expenses are not paid
Sue the owner to recover any reward offered
Retain goods till he gets the reward
Sue for recovery of damages
Sell the goods
If goods are perishable
When lawful charges amount to 2/3 of the value of
goods
When owner refuses to pay lawful charges
When the owner can not be fond out with
rescannable diligence
