The lower court found that there was sufficient consideration in the consent of Mrs. Offer - a proposal made by one party to another to enter into a contract. There is fraud when, throughinsidious words or machinations ofone of the contracting parties, theother is induced to enter into acontract which, without them, hewould not have agreed to. A mere expression of an opinion doesnot signify fraud, unless made by anexpert and the other party has relied onthe formers special knowledge. However, it must be legal, real, harmless and not immoral.
A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. If either of the parties does not have the ability to contract, the contract is not valid. There are three types of acceptance: -Conditional acceptance- When a contract is made under certain conditions. A qualified acceptance constitutes acounter-offer. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. Example: Carl offers to sell his specific lot to Sam for P1M, payable in check upon the execution of deed of sale; he specified that the acceptance should be by mail not later than the end of next month.
The contract, in such a case, is presumed to have been entered into in the place where the offer was made. These essential elements are explained below: 1. Consent of the contracting parties; 2. For example: If A and B makes an agreement that if B encloses a space with the help of two straight lines then A will pay him Rs. No contracts may be entered into upon future inheritance except in cases expressly authorized by law.
Two parties: The first essential is that there must be two distinct parties to acontract of sale, viz. The incapacity declared in Article 1327is subject to the modificationsdetermined by law, and is understoodto be without prejudice to specialdisqualifications established in thelaws. The offer must be certain and the acceptance absolute. Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present. One day the box was stolen. Object certain which is the subject matter of the contract; 3.
It should be noted that in bailment, only possession of the goods passes from one person to another. Consent is manifested by the meeting of theoffer and the acceptance upon the thing andthe cause which are to constitute the contract. Promise to answer for the debt, default or miscarriage of another; 3. Will the goods be paid for in installments or in one lump sum? Misrepresentation by a third persondoes not vitiate consent, unless suchmisrepresentation has createdsubstantial mistake and the same ismutual. The Object is said to be unlawful if- a it is forbidden by law; b it is of such nature that if permitted it would defeat the provision of any law; c it is fraudulent; d it involves an injury to the person or property of any other; e the court regards it as immoral or opposed to public policy. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. This period gives the buyer time to inspect the goods after delivery and reject any nonconforming goods.
Persons incapacitated to give consent: 1. The usual exaggerations in trade,when the other party had anopportunity to know the facts, arenot in themselves fraudulent. Thus the price is the consideration for contract of sale which should be in terms of money. These element will then be our guidance in making a contract that valid to use by the parties involve when making an agreement. A book debt isnot goods because it can only be assigned as per the Transfer ofProperty Act but cannot be sold.
However, consideration can be paid partly in money and partly in goods. The time, place and manner of acceptance have been specified in the offer. To determine the degree of intimidation, the age, sex and condition of the person shall be borne in mind. When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicating such withdrawal, except when the option is founded upon a consideration, as something paid or promised. Legal Relationship: The parties must have intended their agreement to have legal consequences and legal obligations. If the act is impossible in itself, physically or legally, if cannot be enforced at law.
Some of the most salient of elements in a contract usually involve an Offer, Acceptance and Consideration. Invitation to treat: An invitation to treat is usually used to get the parties started with some negotiations to result in a fair agreement for both parties involved. The offer must be certain and the acceptance absolute. With goods that have a short shelf life, such as perishable food items, buyers are usually required to accept or reject upon delivery. Transfer of Ownership In a contract of sale, ownership over goods has to be transferred to the buyer by the seller or there should be an agreement to by the seller to the buyer. Either we realize it or not, we have make contract from as simple as buying groceries in groceries store or during trading in between two big company.