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Contingent Contracts

Posted on 08-11-2019 | Posted by

Contingent Contracts Contingent contracts are contracts that are dependent on the happening or non-happening of an uncertain event. This paper analyses the concept of such contracts. it discusses the nature of a contingent contract and its essentials. It also distinguishes such a contract from agreements subject to contract, wagers and agreements to do impossible acts. The paper also studies the situations when a contingent contract can be enforced and the circumstances when such a contract be...

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Contract breach

Posted on 08-11-2019 | Posted by

Contract breach: Introduction: Anticipatory breach is a special remedy in which the promisee foresees the breach, due to the conduct or expressions of the Promisor before the performance of a contract occurs. This provision allows the promisee to take recourse to alternative steps in order to mitigate his losses beforehand without waiting for the actual date of performance on which such breach is to actually c. As per the most significant case relating to anticipatory breach, Hochestor v. De L...

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Damages under Indian Contract Act, 1872

Posted on 08-11-2019 | Posted by

Damages under Indian Contract Act, 1872  DAMAGES - MEANING The term “damages” is not defined under the Indian Contract Act, 1872. However, in common parlance, it means an award of money to be paid by a defaulting party to a non-defaulting party as compensation for loss or injury caused on account of the defaulting Party’s breach of the terms and conditions of the contract. In Common Cause v. Union of India [1999 (6) SCC 667], the Supreme Court extracted the definition of the word “da...

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GENERAL DEFENCES TO IPC INDIAN PENAL CODE S.76-106

Posted on 08-11-2019 | Posted by

Classification of general exceptions Excusable Act – Excusable General Exceptions Mistake of fact (Section 76 and79) Accident (Section 80) Infancy (Section 82, 83) Insanity (Section 84) Intoxication Justified Act Judicial Act (Section 77 and 78) Necessity (Section 81) Consent (Section 87 – 89 and 92) Duress (Section 94) Communication (Section 93) Trifles (Section 95) Private Defense (Section 96-106)

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