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Doctrines Under Indian Contract Law Video Lecture | Legal Reasoning for CLAT

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FAQs on Doctrines Under Indian Contract Law Video Lecture - Legal Reasoning for CLAT

1. What are the essential elements of a valid contract under Indian Contract Law?
Ans. According to Indian Contract Law, a valid contract must have the following essential elements: 1. Agreement: There must be a valid offer and acceptance between the parties involved. 2. Intention to create legal relations: The parties must intend to enter into a legally binding agreement. 3. Lawful consideration: There must be a lawful consideration, i.e., something of value exchanged between the parties. 4. Capacity to contract: The parties must have the legal capacity to enter into a contract. 5. Free consent: The consent of the parties must be free from any coercion, undue influence, fraud, or misrepresentation. 6. Lawful object: The object of the contract must be lawful and not against public policy. 7. Certainty and possibility of performance: The terms of the contract must be certain and capable of being performed.
2. What is the difference between a void contract and a voidable contract under Indian Contract Law?
Ans. The main difference between a void contract and a voidable contract under Indian Contract Law are as follows: - Void Contract: A void contract is one that is not enforceable from the beginning, and it is considered as if it never existed. It has no legal effect, and the parties do not have any legal obligations towards each other. For example, an agreement to commit an illegal act is a void contract. - Voidable Contract: A voidable contract is initially valid and enforceable, but one of the parties has the option to either enforce or rescind the contract due to certain legal grounds. The contract remains valid until the innocent party chooses to avoid it. For example, a contract entered into under undue influence or fraud can be voidable at the option of the affected party.
3. What is the doctrine of frustration under Indian Contract Law?
Ans. The doctrine of frustration is a concept under Indian Contract Law that deals with situations where an unforeseen event occurs, making it impossible to perform the contract. According to this doctrine, if an event occurs after the formation of the contract which is beyond the control of the parties and renders the contract impossible to perform, the contract becomes void. The parties are discharged from their obligations, and neither party can claim any damages for non-performance. However, the event must be of such a nature that it significantly affects the basis of the contract and makes it impossible to perform as originally intended.
4. What is the effect of a minor entering into a contract under Indian Contract Law?
Ans. A minor is a person who has not attained the age of majority. Under Indian Contract Law, a contract entered into by a minor is void-ab-initio, meaning it is void from the beginning. This means that the minor cannot be held liable for any obligations arising out of the contract. However, there are certain exceptions where a minor can be held liable for certain contracts, such as contracts for necessaries (essential goods and services required for the minor's well-being) and contracts where the minor misrepresents their age as an adult.
5. What constitutes a breach of contract under Indian Contract Law?
Ans. A breach of contract occurs when one party fails to perform their obligations as per the terms of the contract. Under Indian Contract Law, a breach of contract can be of two types: 1. Actual breach: This occurs when one party fails to perform their obligations on the due date or performs them improperly. 2. Anticipatory breach: This occurs when one party clearly communicates their intention not to perform the contract before the performance is due. The innocent party can treat the contract as breached and claim damages immediately.
126 videos|143 docs|67 tests
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