X invites Y for his son's wedding. Y accepts the invitation. In th...
According to Section 10 of the Indian Contract Act, 1872, a contract to be valid must be made with an intention to create legal relationship. In the instant case, X invited Y for his son's wedding. Y accepted the invitation. Here, in this case, there is an agreement but not contract since one of the essential element of Section 10 viz. intention to create legal relationship is not present. Therefore there is no contract.
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X invites Y for his son's wedding. Y accepts the invitation. In th...
Explanation:
In this case, there is an agreement but no contract since there is no intention to create a legal relationship. Let's break down the options and understand why option 'B' is the correct answer.
a) There is no consideration:
Consideration is an essential element of a contract. It refers to something of value that is exchanged between the parties involved. In this scenario, although X invites Y for his son's wedding, there is no mention of any consideration being exchanged. Therefore, the absence of consideration alone does not determine whether there is a contract or not.
b) There is no intention to create a legal relationship:
This is the correct answer. For a contract to be valid, there must be an intention to create a legal relationship between the parties involved. In social or domestic agreements, such as inviting someone to a wedding, there is generally no intention to create a legally binding contract. The invitation is based on personal relationships and social customs rather than legal obligations. Therefore, in this case, there is an agreement but no contract due to the absence of the intention to create a legal relationship.
c) There is no written document:
A contract can be either written or oral. While having a written document provides clear evidence of the agreement, it is not a requirement for a contract to be valid. Oral agreements can also be legally binding as long as they meet the essential elements of a contract.
d) There is no formal acceptance of the offer:
Formal acceptance is not necessarily required for an agreement to become a contract. Acceptance can be expressed or implied, and it can be done orally, in writing, or through conduct. In this case, Y accepting the invitation can be seen as an implied acceptance, which can potentially form a contract if all other elements are present. However, the absence of the intention to create a legal relationship takes precedence over the formal acceptance.
Therefore, the correct answer is option 'B' - There is no intention to create a legal relationship.