For the preparation of a contract, both parties must agree in the same way and in the same way. Both parties must give their consent in the same matter in the same sense in order to form a valid contract. It is essential for the contract that the parties accept the contract and give their consent voluntarily. Section 14 of the Act defines free consent as consent free from coercion, undue influence, misrepresentation and error. Section 15 of the Act defines coercion as the commission or threat to commit an act prohibited by the Indian Penal Code, unlawful detention, property or the threat to commit such an act in order to coerce a person with the intention that that person consents. Undue influence is defined in section 16 of the Act, which states that when a person uses his position and abuses his power to dominate the other person. Chickam Amiraju v. Chickam Sheshamma In the event that the husband threatens to commit suicide if they do not execute a certificate of release from his brother to his wife and son. The wife and son executed the certificate of release under threat from the husband. It was found that the threat of suicide is equivalent to coercion under section 16 of the Act.
Section 17 of the Act lists the acts that constitute fraud. There is the slightest difference between fraud and misrepresentation, in the first case, the person making the statement does not believe that such a statement is true, and in the later case, the person making such a statement believes that the statement is true. In Janakiamma v. Raveendra Menon, in this case, the plaintiff was aware of the whole purpose of her father`s will and, after the father`s death, the property was divided. It was concluded that the mother was responsible for fraud on the grounds that she had not disclosed the contents of the will and that no new division had been ordered. The error provisions were mentioned in sections 20 to 22 of the Act. There are two types of errors, one is the error of facts and the other is an error of the law. Error of law is prohibited and in case of error of fact, the court will usually announce the contract.
Any agreement or statement between two or more parties and the agreement must be enforceable by law is called a contract. If the contract is valid, both parties to the contract are legally obliged to fulfil their obligations or commitments contained in the contract. The basic formula of a contract. In order to establish a binding contract, the parties must express their consent under sufficiently specific conditions. What is needed is not absolute certainty, but a “reasonable degree” of certainty. [Scammel vs. Ouston] First, an offer must be extended to start a contract. This should include details about the agreement and its terms. Simply put, the offer is the supplier`s attempt to enter into a contract with another.
Acceptance is an agreement on the terms of an offer. Offers can be accepted by behavior. If someone claims to accept an offer but does so on different terms, it is more of a counter-offer than an acceptance. In general, a call for tenders is a call for tenders. However, if the invitation is addressed to all those known to the guest and the invitation contains an agreement to accept the most competitive offer or indicates that at least one of the offers will be taken into account, such a solicitation may be considered an offer. .