Important questions 1. Discu cuss ss e ess ssential ential of of valid valid contr contract 2. What are the kinds kinds o of f contr contract explain them 3. Explain the essential ssentials s of of valid valid o er 4. What are the ess essential entials s o of f a a valid acceptance? 5. Discu cuss ss void void arreement in detail a !. What are the rule ules s and exceptions exceptions o of f cons conside iderration ". What do #ou unde unders rstand tand $# capacit# to contr contract? What ar are the eff ects ects of a arreement eements s ma mad de $# the pers person on not competent to contrract? cont %. What do #ou mean $# free free cons consent dis discu cuss ss in in detail &. What are the 'a# a#s s in 'hich a contr contract ma# $e dis discha charred 1(. )ive the remedie emedies s availa$le to the ar arieved par part# in cas case of of $r $reach of of contrract cont 11. Discu cuss ss in in detail the pos position of a a *uas *uasi+cont contrract 'hen the o$liations o$liation s of o f contr contract ar are impos imposed $# the la' la' 12. Diff erentiate $et' $et'een indemnit# and uarrantee 13. What ar ua are the f eatur eatures of of $ailment? 14. What ar are the riht ihts s and duties duties of $ailerr? 15. What ar $aile are the riht ihts s and duties dutie s of of ,ailee? ,ailee? 1!. What ar are the essential ssential f eatur eatures o of f plede? plede? 1". What ar are the riht ihts s and duties duties of -lede lederr? 1%. What ar are the riht and duties dutie s of of pledee pledee 1&. Diff erentiate $et' $et'een the sale and areement to sell 2(. ihts ar ihts and duties duties o of f unpaid selle ellerr 21. Discu cuss ss the the riht ihts s o of f $u#er $u#er in a contr contract of of sale 22. Discu cus s the rule ules s relatin to the deliver deliver# in a contrract of cont of sale 23. ihts ihts dutie duties s and lia$ilities lia$ilities o of f common carr carrie ierr 24. ihts ihts dutie duties s and lia$ilities lia$ilities of of rail ail' 'a# as as a common carr carrie ierr 25. Diff erentiate $et' $et'een the common carr carrie ierr and pr private car caree eerr 2!. Diff erentiate $et' $et'een the $ill of of ladin ladin and charrter cha tered par part# 2". What ar are the t#pes t#pes o of f cr cross ssin in of che*ue che*ue 2%. Diff erence $et' $et'een $ill of of exchane/ exchane/ che*ue and promi omiss sso or# note 2&. What ar are the re*ui e*uirrement ements s f or the rei eis stration of of tr trade union? 3(. What ar are the po' po'ers and rs and f unctions unctions o of f national national indus industrial relation elations ship
commiss commi ssion ion
2
Contract 0n areement 0n areement enforcea$le enforcea$le at at la' la' is is called contract. called
Ever# promise Ever# promise or or set set of promises formin promises
Agreement
consideration for consideration for each each other is other is called called areement.
Types of agreement i. ocial areement ii. areement eal eal areement
Social agreement 0reements 'hich 0reements 'hich do do not not create create leal leal o$liation o$liation $et'een $et'een the the parties are parties are called called social social areements. areements. n n social social areements/ areements/ parties parties to to a contract contract are are not not leall# leall# $ound $ound to to perform perform the the contract
Legal Agreements 0reements 'hich 0reements 'hich create create leal leal o$liation o$liation $et'een $et'een the the parties are called are called leal leal areements. n n leal leal areements/ areements/ parties parties are are leall# leall# $ound $ound to to perform perform the the contract.
Promise When one When one person person makes makes a proposal proposal and and other other person person accept accept it/ it/ it it $ecomes promise $ecomes r 0n accepted 0n accepted oer oer is is called called promise
Enforceable 0n areement 0n areement creatin creatin leal leal relationship relationship $et'een $et'een the the parties parties is is enforcea$le. f a contract enforcea$le. contract does does not not create create leal leal o$liation o$liation $et'een $et'een the parties the parties it it is is not not enforcea$le enforcea$le $# $# la'.
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Q#1 An agreement enforceable at law is contract iscuss !r "escri be te essentials $ requirements o off %ali contract Cont ntrac ractt 0n ar areement enf enf orcea$le at la' la' is is called contr contract. Ess sse ent ntial ials s of a %ali %ali co cont ntrac ractt 1& 1& !ff er' er' Acce ccept pta ance 5or a valid contr contract ther there mus must $e la'f la'f ul ul off off er and la'f la'f ul ul acceptance. a'f a 'f ul ul means means that the o o er and acceptance mus must f u ulf lf ill ill the re*ui e*uirrement of la' la' E(amp E(a mple le 0 off off ers rs to to sell her her hou hous se to , f or 1( lac/ this this i is s an off off er. 6ania ar aree ees s to $u#s $u#s he herr hou hous se/ ther there is is an acceptance. )& )& Legal Legal !bliga ligattion ion 6here mus 6her must $e leal o$liation 7 relation $et' $et'een the par partie ties s to make a contrract valid cont 3f par partie ties s d do o not intend 8 enf en f orcea$le at la' la'.
9 to cr create leal relation elations ship/ contr contract is is not
E(amp E(a mple le 0 a arree ees s to sell his his hou hous se to , f or 2(. ac. 3t iis s a valid contr contract as as it is c crreatin leal relation elations ship $et' $et'een the par partie ties s *& *& La Lawfu wfull co cons nsiiera erattion ion :onside :ons iderration is is the pr price paid $# the one par part# f or the pr promi omis se of of otherr pa othe parrt#. 6hus 6hus f or a valid contr contract cons conside iderration mus must $e la'f la'f u ull E(amp E(a mple le 0 a arree ees s to sell his his hou hous se to ; f or s s 2( lac < 5or 0 2( lac is is con cons side iderration < 5or , hous house is is the cons conside iderration -ae 4
+& +& Comp mpe etent nt to co cont ntrac ractt 5or a valid contr contract par partie ties s mu mus st $e of of sound mind/ mus must attain the ae of of ma=orrit# and ar ma=o are not dis dis*uali *ualif f ied ied from from contr contractin $# la' la' E(amp E(a mple le 0/ a pers person on of of uns unsound mind ar aree ees s t to o sell his his c#cle to , f or s s 1(. 6he is is void as as the par partie ties s not competent to contr contract ,& ,& -ree -ree co cons nse ent 5or a valid contr contract the cons consent of of par partie ties s mu mus st $e fr free. ee. :ons :onsent is is fr free ee 'hen it is is not o$tained $# coer coercion/ cion/88 9 undue inf inf luence luence 8 9 mi misr srep eprresentation and fr fraud aud E(amp E(a mple le 0 compel compels s 8 9 > to enter enter into an ar areement on unpoint/ it is is a valid contr contract $ecau $ecaus se the cons consent of of a a par part# is is not fr free ee Lawfu La wfull !b.ec b.ectt 6he o$=ect of ar areement mus must not $e illeal/ immor immoral 8 pu$lic polic# or or to impl# in=ur in=ur# # to an# pers person on
9 oppo oppos sed to
E(amp E(a mple le 0 a arree ees s to sell his his c#cle to , f or rs 2 rs 2( ((( if if he he $eats $eats :. the ar areement is is void as as it its s o$=ect is is illeal /ritting ' regi /ri regist stra rattion ion 0 cont contrract ma# $e or oral 8 9 or or in 'r 'ritin itin $ut it is is p prref era$le that the contrract mus cont must $e in 'r 'ritin itin $ecaus $ecause it is is ea eas s# to pr prove in cour court. 3f re*ui e*uirred $# la' la' ce cerrtain ar areement eements s mu mus st $e in 'r 'ritin itin sined and attes atte sted $# 'itne itness ss and and rei eis ster tered E(amp E(a mple le > ve verr$all# pr promi omis se to sell his his $ook $ooks s to ?. ?. it is is a valid contr contract as as it does doe s not re*ui e*uirred in 'r 'ritin itin 0 ve verr$all# pr promi omis se to sell his his hou hous se to ,. it is is a void ar areement $ecause la' $ecaus la' re*ui e*uirres it in 'r 'ritin. itin. Cer erttaint ainty y of ter erms ms 5or a valid contr contract it si ess essential ential that the ter terms and conditions conditions o of f
contract mus contr must $e def def inite inite and clear clear. 0reement eements s the meanin of of 'hich is not clear clear a arre void -ae 5
E(amp E(a mple le 0 p prromi omis sed to sell one of of his his $ook $ooks s to ,. 3t iis s void ar areement $ecaus $ecause it is not mentioned 'hich $ook 0 'ant ants s to sale Possiibili Poss ilitty of per erf f orm ormance 0n ar areement to do an imposs impossi$le i$le act is is void. 3f the the act is is leall# or or ph#s ph# sicall# imposs impossi$le i$le to to pe perf rf orm the ar areement is is not enf enf orcea$le $# la' la' E(amp E(a mple le > p prromi omis sed ?/ ?/ that she 'ill dis discove coverr old $# maic. 3t iis s a void ar areement as it is is impo imposs ssi$le i$le to perf perf orm
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Q#) /at are te 0 ins of contract E(plain tem 6he contr contract can $e class classiif ied ied into f ollo' ollo'in f our our cateo cateorrie ies s 1. 0cc ccor ordin din to enf orcea$ilit# 2. enf 0cc ccor ordin din to f ormation 3. 0cc ccor ordin din to perf pe rf ormance 4. 0cc ccor ordin din to par partie ties s
1& Accoring to enforceability 0cc ccor ordin din to enf enf orcea$ilit# a contr contract has has f ollo' ollo'in f ive ive t#pes t#pes i. @alid contr contract ii. @oid contrract cont iii. @oid areement ar iv iv.. @oida$le ar areement v. Anen nenf f orcea$le contr contract i&
2ali ali co cont ntrac ractt
0 contract contract is is valid valid onl# onl# 'hen 'hen it it contains contains all all essentials essentials of a valid valid contract !bliga ligattion ion of par artties ies 3n a valid contr contract all the par partie ties s a arre leall# $ound to perf perf orm their their o$liations. 3f one o$liations one par part# ref uses to perf perf orm the other other pa parrt# can enf enf orce it thr throuh cour court. E(amp E(a mple le 0 a arree ees s to sale his his ca carr to ,. 3t is a valid contr contract if if it f u ulf lf iils ls all the ess ssential entials s of a a valid contr contract. ii&
2oi oi co cont ntrac ractt
0 cont contrract is is void 'hen it is is not enf enf orcea$le $# la' la' !bliga ligattion ion of par artties ies 3n a void contr contract $oth the par partie ties s are not leall# $ound to perf perf orm the o$liations o$liations of contr contract. 3f an# par part# has has received $enef $enef it it fr from om void contrract is cont is leall# $ound to retu eturrn it to other other pa parrt#.
E(amp E(a mple le -ae "
0 a arree ees s 'ith , to smule sua uarr. :ontr :ontract $et' $et'een the par partie ties s is void as as smulin is is illeal. iii&
2oi oi agree agreem ment
0n a arreement 'hich does does not cr create leal o$liation $et' $et'een the parrtie pa ties s is void. 0n ar areement 'ith minor minor and ar areement 'ithout cons con side iderration is is void. !bliga ligattion ion of par artties ies 3n a void contr contract $oth the par partie ties s are not leall# $ound to perf perf orm the o$liations o$liations of contr contract. 3f an# par part# has has received $enef $enef it it fr from om void contrract is cont is leall# $ound to retu eturrn it to other other pa parrt#. E(amp E(a mple le 0li ar aree ees s 'ith 1hahid a minor minor to $u# hi his s hou hous se. :ontr :ontract $et' $et'een the parrtie pa ties s is void as as a arreement 'ith minor minor is is void. i% i%&&
2oi oi able le co cont ntrac ractt
0 cont contrract 'hich is is en enf f orcea$le at the option of of one one par part# $ut not at the option of other other pa parrt# 0 contr contract is is voida$le 'hen cons consent of of one par part# is not fr free. ee. @oida$le contrract can $e avoided $# the par cont part# 'ho hos se cons consent is is not fr free. ee. E(amp E(a mple le Baria comp compel els s Cadia to sell her her ,a. 6he cons consent is is made 'ith coer coercion. 3t can $e avoided 'hen Cadia ref uses to perf perf orm it. %&
3ne 3n enf orceab orceable le co cont ntrac ractt
0 contr contract is is unenf unenf orcea$le 'hich cannot $e enf enf orced in cour court of la' la'. ,ecaus ,ecau se of some technical def def ects ects/ 1uch as as a$ a$s sence of of 'r 'ritin itin and rei eis stration E(amp E(a mple le 0li orall# ar areed to sale his his hou hous se to ,ilal. :ontr :ontract is is unenf unenf orcea$le $ecaus $ecau se 'r 'ritin itin and rei eis stration f or thi this s cont contrract is is re*ui e*uirred $# la' la'
)& Accoring to formation 0cco ccorrdin to f ormation a contr contract has has f ollo' ollo'in thr three t#pes t#pes. a. Express Expr contrract cont $. 3mplied contr contract c. ua uas si contrract cont
-ae %
a& a& E( E(p pre ress ss co cont ntrac ractt When a con contract is is f ormed $# the 'ords spoken or or 'r 'ritten itten it is is called expr express ss contrract cont E(amp E(a mple le 0li tells tells saad on telephone that he 'ant ants s to sell his his ca carr. 3t iis s an expr express ss contrract. cont b& Imp Implie lie co cont ntrac ractt 0n implied contr contract ar arises from from the acts acts/ cours course e of dealin or or ci cirrcum cums stance tances s. 3t arises 'hen one one pe pers rson on 'ithout as askin to do so/ rende enderr service vices s under under cir circum cums stance tances s indicatin that he expect to $e paid f or the service vices s and other other pe pers rson on accept the $enef $enef it it of of thos those service vices s. E(amp E(a mple le 0li 'ent to a hotel and had a cup of o f tea/ tea/ it is is an implied contr contract and 0li 'ill pa# f or the cup of of tea. tea. c& c& Quas uasii co cont ntrac ractt ua uas si contr contract acts s are $a $as sed on the pr principle of of e*uit# e*uit# and =us =ustice. 6hat a pers pe rson on shall not $e allo' allo'ed f or the $enef $enef it it at the cos cost of of other other E(amp E(a mple le 1hahid f inds inds the los lost oods oods of of Ba==id. 1hahid is is $ound to retu eturrn the oods oods to Ba ==id.
*& Accoring to performance 5ollo ollo' 'in ar are the t#pes t#pes acco accorrdin to perf perf ormance i.
Executed
contrract ii. cont Executorr# Executo contrract cont i&
E(ecut ute e co cont ntrac ractt
When all the par partie ties s to a contr contract have perf perf ormed their their o$liation o$liations s the contrract is cont is said to $e executed. E(amp E(a mple le E aleem aleem $u#s $u#s a ,ook from from 1hahFe$. 1hahFe$ deliver delivered $ook and kaleem made the pa#ment. ,oth the pa parrtie ties s have perf perf ormed their their o$liation $liations s. ii&
E(ecut utory ory co cont ntrac ractt
When one of of the the par partie ties s ha has s #et to perf perf orm his hi s o$liation o$liations s/ such contr contract is called executor executor# contr contract.
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E(amp E(a mple le E aleem aleem $u#s $u#s a ,ook from from 1hahFe$. 1hahFe$ deliver delivered $ook $ut kaleem has ha s not #et made the pa#ment.
+& Accoring to parties 0cco ccorrdin to par partie ties s the contr contract has has f ollo' ollo'in t' t'o t#pes t#pes a. Anilate nilaterral contrract $. cont ,ilaterral contr ,ilate contract
a& a& 3n 3nila ilatteral eral co cont ntrac ractt 3t is a contr contract 'he herre onl# one par part# is $ound to perf perf orm the contr contract and the other other pa parrt# choos chooses to perf perf orm contr contract E(amp E(a mple le 0li pr promi omis sed to ive 1((( s s to the pers person on 'ho f inds inds hi his s lo los st $a. 3t iis s a unilaterral contr unilate contract it 'ill come into exis existence 'hen the $a is is f ound. ound. b& 4ila 4ilatteral eral co cont ntrac ractt 3t iis s a contr contract 'he herre $oth the par partie ties s have #et to perf perf orm their their o$liation o$liations s. E(amp E(a mple le E halid halid pr promi omis sed to manuf manuf actur acture a chair chair f or Cadeem and Cadeem promi omis sed to pa# 1 1 4( 4(( (( to E halid halid
-ae 1(
Q#*
er $ proposal& E(plain te essentials of a "ef ine te o5 er er %ali o5 er !5er $ proposal When one When one person person sho's sho's his his 'illinness 'illinness to to do do or or not not to to do do somethin to somethin to o$tain o$tain the the consent consent of other/ other/ it it is is kno'n kno'n as as oer
!5eror $ Promisor 6he person 6he person makin makin the the offer offer is is called called eror eror or or -romisor.
!5eree 6he person 6he person to to 'hom 'hom offer offer is is made made is is called called fferee. fferee. r r the the person person acceptin the acceptin the offer offer is is called called fferee.
Essentials of a %ali o5 er er 6he follo'in 6he follo'in are are the the essentials essentials of a valid valid offer 1. 1. Express Express or or implied 2. implied 2. eal eal relation 3. 3. Definite Definite G clear 4. 4. pecific pecific G eneral 5. 5. :ommunication :ommunication 'ith 'ith fferee !. fferee !. Ceative Ceative condition ". ". :onditions :onditions in in oer %. oer %. :ross :ross offers
16 E(press or implie 0n oer 0n oer ma# ma# $e $e made made $# $# 'ords 'ords or or conduct conduct 8 9. 9. 0n 0n offer offer 'hich 'hich is is made made $# $# 'ords 'ords spoken spoken or or 'ritten 'ritten is is called called express express oer. 0n implied 0n implied offer offer appears appears from from the the actions actions of parties/ parties/ course of dealin course dealin or or circumstances circumstances of case.
Example 0li oer 0li oer to to ma=id ma=id to to sell sell his his motorc#cle motorc#cle for for 4((( 4((( s. s. 6his 6his is is an an express express oer -ae 11
Ce' khan Ce' khan run run $uses $uses to to carr# carr# passeners passeners at at scheduled scheduled rates/ rates/ this this is is an an implied oer implied
)6 Legal relation or a valid or valid contract contract the the offer offer must must $e $e made made to to create create leal leal relation. relation. f an offer an offer does does not not create create leal leal relation relation it it is is not not a valid valid offer. Example 0li invites 0li invites arrukh arrukh to to dinner. dinner. t t is is not not a valid valid offer offer $ecause $ecause it it does does not create not create leal leal relation relation $et'een $et'een the the parties Baria oer Baria oer to to sell sell her her 'atch 'atch to to 0nam 0nam for for s. s. 2((. 2((. t t is is a valid valid contract as contract as it it create create leal leal relation relation $et'een $et'een parties
*6 "e7nite ' clear 6erms 6erms and and conditions conditions of offer offer must must $e $e clear clear and and definite. definite. f the the terms and terms and conditions conditions are are not not clear/ clear/ it it cannot cannot $e $e called called valid valid oer. Example Ba=id has Ba=id has t'o t'o motorc#cles/ motorc#cles/ he he offer offer halid halid to to sold sold one one motorc#cle motorc#cle for for s. 4((((. s. 4((((. t t is is a void void contract contract as as it it is is not not clear clear that that 'hich 'hich motorc#cle he offered he offered to to sale
+6 Speci7c or general When an When an offer offer is is made made to to a specific specific person person it it is is called called specific specific offer. offer. uch an uch an offer offer can can $e $e accepted accepted onl# onl# $# $# the the person person to to 'hom 'hom it it is is made. When an When an offer offer is is made made to to eneral eneral pu$lic pu$lic it it is is called called eneral eneral offer. offer. uch an uch an offer offer can can $e $e accepted accepted $# $# an# an# person person 'ho 'ho fulfils fulfils the the conditions of oer conditions Example 0li oered 0li oered to to sell sell his his c#cle c#cle to to Ba=id. Ba=id. t t is is a specific specific offer offer and and onl# onl# ma=id ma=id can accept can accept it ,asher announced ,asher announced in in a ne'spaper ne'spaper a re'ard re'ard of s s 5((. 5((. or or an#one an#one 'ho finds 'ho finds his his lost lost C. C. card.
,6 Communication wit !5eree 0n oer 0n oer is is valid valid onl# onl# 'hen 'hen it it is is communicated communicated to to the the eree. eree. f is is not communicated to communicated to eree eree it it is is not not a valid valid oer
Example -ae 12
idra 'ants idra 'ants to to sale sale her her $a $a to to Beh'ish Beh'ish $ut $ut foret foret to to communicate her a$out her a$out offer. offer. 6hus 6hus there there 'ill 'ill no no acceptance acceptance as as it it is is not not communicated to communicated to fferee.
86 9egati%e conitions 0n oer 0n oer must must not not include include neative neative conditions. conditions. uch uch as as an an eror eror cannot sa# cannot sa# that that if the the acceptance acceptance is is not not communicated communicated 'ithin 'ithin a specific period specific period of time time the the offer offer 'ould 'ould $e $e treated treated as as accepted. Example Ba=id 'rote Ba=id 'rote to to sa=id sa=id to to sell sell his his 'atch 'atch addin addin that that if he he did did not not repl# repl# 'ithin 2 da#s/ 'ithin da#s/ the the offer offer 'ill 'ill $e $e considered considered accepted.
:6 Conitions in o5er 0n oer 0n oer ma# ma# include include some some comedians. comedians. or or a valid valid contract contract all all the the conditions must conditions must $e $e accepted. accepted. f the the eror eror prescri$e prescri$e a specific specific mode/ it mode/ it must must $e $e accepted accepted in in the the same same manner. Example hahid asks hahid asks ;ammad ;ammad to to send send him him repl# repl# of his his offer offer $# $# teleram/ teleram/ $ut hammad $ut hammad repl# repl# him him $# $# letter. letter. hahid hahid ma# ma# re=ect re=ect the the acceptance.
;6 Cross o5er When $oth When $oth parties parties makes makes similar similar offer offer 'ithout 'ithout havin havin kno'lede kno'lede of otherHs offer. otherHs offer. t t is is called called valid valid oer. oer. 0cceptance 0cceptance of such such oer oer does does not not result in result in complete complete 0reement. Example Wasim 'rote Wasim 'rote to to arim arim to to sell sell him him his his motorc#cle. motorc#cle. n n the the same same da# da# arim 'rote arim 'rote to to Wasim Wasim that that he he 'ants 'ants to to $u# $u# his his motor motor c#cle. c#cle. 6here 6here is is no no contract.
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Q#+ "ef ine te acceptance& E(plain te essentials of a %ali acceptance Acceptance 0cceptance is 0cceptance is the the act act of ivin ivin consent consent to to the the offer. Example Ba=id oer Ba=id oer to to sell sell his his house house to to sa=id sa=id for for 2(lac 2(lac s. s. f sa=id sa=id arees arees to to $u#/ $u#/ this is this is an acceptance.
Essentials of a %ali o5 er er 6he follo'in 6he follo'in are are the the essentials essentials of a valid valid offer &. &. 0cceptance 0cceptance $# $# oeree 1(.Definite G unconditional 1(.Definite 11. e eason asona$le a$le manner 12. :ommun :ommunicat ication ion 'ith 'ith fferor 13. Expr Express ess or or implies 14. 0ccep 0cceptance tance after after offer 15. e eason asona$le a$le time
16 Acceptance by o5eree or a valid or valid acceptance acceptance it it is is necessar# necessar# that that it it must must $e $e accepted accepted $# $# the the person to person to 'hom it it is is made. made. f the the offer offer is is made made to to a roup roup it it can can $e $e accepted accepted $# $# an# an# mem$er of roup. mem$er f offer offer is is made made to to eneral eneral pu$lic pu$lic it it can can $e $e accepted accepted $# $# an# an# person person 'ho 'ho has the has kno'lede of it. kno'lede Example
0 oer oer to to , to to sell sell his his motorc#cle motorc#cle for for 4((( 4((( s. s. : 'as 'as a'are a'are of this this offer/ offer/ he said he said that he is he is read# read# to to $u# $u# his his motorc#cle/ motorc#cle/ there there is is no no contract contract 'ith 'ith :. -ae 14
)6 "e7nite an unconitional or a valid or valid contract contract the the acceptance acceptance must must $e $e definite definite and and unconditional. unconditional. f acceptor attach an# attach an# condition condition 'ith 'ith his his acceptance/ acceptance/ it it is is not not acceptance acceptance $ut $ut a counter oer counter Example Baria oer Baria oer to to sell sell her her 'atch 'atch to to 0nam 0nam for for s. s. 2((. 2((. 0nam 0nam replies replies that that she she can $u# can $u# it it for 1(( s. 1(( s. there there is is no no acceptance acceptance $ut $ut a counter counter offer
*6 <easonable manner 0cceptance must 0cceptance must $e $e iven iven in in a particular particular manner manner as as prescri$ed prescri$ed in in offer. offer. f no particular manner particular manner is is prescri$ed prescri$ed than than it it must must $e $e accepted accepted in in a reasona$le reasona$le manner. Example haFia oered haFia oered to to Cadia/ Cadia/ and and ask ask her her to to accept accept the the offer offer $# $# teleram. teleram. ,ut ,ut Cadia send Cadia her acceptance her acceptance $# $# post/ post/ haFia haFia ma# ma# re=ect re=ect her her acceptance
+6 Communication wit !5eror 0n acceptance 0n acceptance is is valid valid onl# onl# 'hen 'hen it it is is communicated communicated to to the the fferor. fferor. f it it is is not communicated to communicated to fferor fferor it it is is not not a valid valid 0cceptance Example idra 'ants idra 'ants to to sale sale her her $a $a to to Beh'ish/ Beh'ish/ she she express express her her intention intention to to $u# $u# it it $ut $ut did did not repl#. idra repl#. idra sold sold it it to to Baria. Baria. Beh'ish Beh'ish cannot cannot sue sue sidra.
,6 E(press or implie 0cceptance iven 0cceptance iven $# $# the the 'ord 'ord spoken spoken or or 'ritten 'ritten is is called called express express acceptance. When acceptance When acceptance is is iven iven $# $# the the action action or or conduct conduct it it is is called called implied implied acceptance.
Example
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hahid 'rote hahid 'rote a letter letter to to ma=id ma=id that that he he is is aree aree to to $u# $u# his his mo$ile mo$ile for for 45(( 45(( s. 6his s. 6his is is an express acceptance. express Iunaid 'ent Iunaid 'ent to to a tea tea stall stall and and took took a cup cup of tea. tea. 6his 6his is is an an implied implied acceptance appearin from appearin from the the action
86 Acceptance after offer 0cceptance must 0cceptance must $e $e iven iven after after receivin receivin the the offer. offer. f acceptance acceptance is is iven iven 'ithout havin kno'lede havin kno'lede of offerJ offerJ there there is is no no contract contract $ecause $ecause acceptance acceptance cannot $e cannot $e iven 'ithout oer 'ithout Example 0sad oered 0sad oered a re'ard re'ard for for an#one an#one 'ho 'ho finds finds his his lost lost mo$ile. mo$ile. hurram hurram in in inorance of inorance offer finds offer finds his his $a $a and and return return it it to to 0sad. 0sad. hurram hurram cannot cannot claim claim for for the the re'ard
:6 <easonable time ffer must ffer must $e $e accepted accepted 'ithin 'ithin a prescri$ed prescri$ed time. time. f time time of acceptance acceptance is is not mentioned than mentioned than it it should should $e $e accepted accepted 'ithin 'ithin a reasona$le reasona$le time Example aFi$ 0pplied aFi$ 0pplied for for admission admission in in a collee. collee. ,ut ,ut admission admission 'as 'as made made after after ! month of month application. aFi$ application. aFi$ can can refuse refuse to to take take admission admission as as it it 'as 'as not not accepted accepted 'ithin reasona$le time. reasona$le
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Q#, /at agreements a%e been eclare %oi by law 2oi agreement 0n areement not enforcea$le $# la' is called void areement follo'in are the areements that are declared void 1. 0reement in restraint of marriae 2. 0reement in restraint of trade 3. 0reement in restra restraint int of leal proceedins 4. Ancertain areements 5. 0reement $# 'a# of 'aer !. 0reement aainst the pu$lic polic# ". 0reement to do an impossi$le act %. 0reement under mistake &. 0reement 'ithout consideration
Agreement in restraint of marriage Ever# areement 'hich prevents a person other than minor from marr#in is void. 0 contract 'hich interfere 'ith the freedom of choice in marriae is also called void
E(ample 0slam arees 'ith ,ilal that he 'ill not marr# 'ith atima. t is a void areement
Agreement in restraint of trae Ever# person has a riht to carr# on a la'ful $usiness/ profession/ or trade. 6hus/ ever# areement 'hich prevent a person from doin a la'ful $usiness/ profession or trade is void
E(ample 0m=ad arees 'ith 6a##a$ to ive him 1(((( s. f he stops doin $usiness in aisala$ad/ such areement is void
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Agreement in restraint of legal proceeings 0n areement 'hich restrict a person from enforcin his riht in court of la' is void. 0n areement 'hich limits the time 'ithin 'hich he can enforce his riht is void
E(ample ahad sells 'heat to Ba=id. ,oth parties aree that if an# part# fails to perform the contract/ none of them 'ould file a case/ the areement is void.
3ncertain agreements f the meanin of an areement is not certain or it cannot $e made certain/ the areement is void
E(ample hehroF arees hehroF arees to to sell sell his his $ooks $ooks to to 0li 0li and and there there is is no no indication indication 'hich $ooks 'hich $ooks are are to to $e $e sold/ sold/ the the areement areement is is void
Agreement by /ay of /ager Waer mean Waer mean $et/ $et/ a 'aer 'aer is is an an areement areement to to pa# pa# on on the the happenin or non+happenin or non+happenin of future future event/ event/ each each part# part# has has e*ual e*ual chance chance to to 'in or 'in or lose lose the the $et $et and and the the parties parties are are onl# onl# interested interested in in $ettin $ettin amount.
E(ample Wahid and Wahid and Ba=id Ba=id aree aree that that if -akistan -akistan 'on 'on the the cricket cricket match match toda#/ Wahid 'ill Wahid 'ill pa# pa# Ba=id Ba=id 1(( 1(( s. s. f -akistan -akistan loses loses Ba=id Ba=id 'ill 'ill pa# pa# 1(( 1(( s. s. t t is is a 'aer 'aer areement/ areement/ so so declared declared void
Agreement against te public policy Ever# areements Ever# areements 'hich 'hich is is aainst aainst the the pu$lic pu$lic polic# polic# or or involve involve in=ur# to in=ur# to person person is is called called void
E(ample Amair arees Amair arees 'ith 'ith asif that that if he he adds adds drus drus in in food food he he 'ill 'ill pa# pa# him him s s 1(((. 6he areement 6he areement is is void
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Agreement to o an impossible act 0n areement 0n areement to to do do an an impossi$le impossi$le act act is is called called void.
E(ample haFia arees haFia arees 'ith 'ith 6 6ania ania to to discover discover )old )old $# $# maic/ maic/ is is void
Agreement uner =ista0e Ever# areement Ever# areement 'here 'here $oth $oth the the parties parties are are under under the the mistake mistake and the# and the# donHt donHt have have clear clear information information a$out a$out the the fact/ fact/ the the areement is areement is void
Agreement witout Consieration Ever# areement Ever# areement 'hich 'hich is is made made 'ithout 'ithout consideration/ consideration/ is is void
E(ample 0hmed 0rees 0hmed 0rees to to ive ive his his car car to to ;assan ;assan 'ithout 'ithout consideration consideration is is void
-ae 1&
Q#8 w# w#a at are are t# t#e e ess sse ent ntial ials s of co cons nsiiera erattio ion n !r !r w# w#a at are are t# t#e e rule les s of co cons nsiiera erattion ion Cons nsiiera erattion ion :ons :on side iderration is is the pr price paid $# one par part# f or the pr promi omis se of of other other. E(amp E(a mple le 0li sold his his hou hous se to ;ass ssan an f or s s. 5((/(((. 5or ;ass ssan an hous house is the conside cons iderration and f or 0li s s5((/ ((( is is con cons side iderration.
Essentials of a consieration 1& 1& "esire ire of pro rom misor 5or a valid cons conside iderration the act mus must $e done at the des desire of of pr promi omis sor. 0n# act done 'ithout the des desire of of pr promi omis sor cannot f orm a valid cons con side iderration. E(amp E(a mple le aFi$ saved Behmood ehmoodHs Hs hou hous se from from f ire. Behmood did not as ask f or the help. aFi$ cannot demand pr price f or hi his s service. )& )& Act 0 con cons side iderration ma# $e an act or or doin of of some thin E(amp E(a mple le 1adia pr promi omis sed to stitch Cadia adiaHs Hs dress ss.. 0nd Cadia pr promi omis sed to pa# s s 4(( to sadia as as con cons side iderration f or stitchin her her d drress ss.. *& *& Abst Abstiinence 0$stinence means means promi omis sin not to do somethin. :ons :onside iderration ma# $e decided f or p prromi omis sin not to do somethin. E(amp E(a mple le 0li promi omis sed not to sue 'a*a a*as s/ if he pa# pa#s s 'a*a a*as s s. 2((((. 6he a$s a$ stinence of of 0li is the cons conside iderration f or ,Hs ,Hs pa#ment pa#ment +& +& Pro Prom mise 5or a valid contr contract ther there mus must $e pr promi omis se fr from om $oth the par partie ties s. E(amp E(a mple le Ba=id asride ar ees ee toon cell hisf o his mo$ile to ,ilal f or s s 4%((. 5or Ba=id s s4%(( is is the con cons ider rsati atio and r 0li mo$ile is the is con cons side iderration -ae 2(
,& ,& <eal eal an n cer certtain ain 5or a valid cons conside iderration it mus must $e real and cer certain. 3f the pa#ment of con cons side iderration is is ph# ph#s sicall# imposs impossi$le i$le it 'ould not real. 4n the other other hand if if the the pa#ment of of cons conside iderration is is unce uncerrtain it 'ould $e void. E(amp E(a mple le a9 0li pr promi omis sed to put lif lif e in shaan haanHs Hs dead dead $od# if if he he pa# him s s 5((( liHs romi omis se is ito s ph# ph#s icall# impossi$le. imposs $9 00li liHs p p pr pr romi omis sed sellshis hi s mo$ile toi$le. Cadia f or some amount of of mone#. mone#. :ons :on side iderration is is not valid as as the value of of mo$ile mo$ile is is not decided. 8& 8& Legally Legally imp mpo oss ssiible 0 p prromi omis se to do somethin illeal is is al als so void and do not f orm a valid cons con side iderration. E(amp E(a mple le E hur huram promi omis sed 0$id to pa# s s 4((( if if he he ,eats ,eats ,ilal. 6he cons con side iderration to $eat ,ilal is is illeal. :& :& 9ee ee to be aequ qua ate 3t iis s not necess necessa ar# that the cons conside iderration mus must $e ade*uate. 4nl# -re -resence of of cons conside iderration is is nece necess ssa ar#. E(amp E(a mple le 0li pr promi omis sed to sell his his hou hous se to 'a*a a*as s 'orth s s 5((((( f or s s 2((((( onl#/ and his his con cons sent is is free. free. 6he cons conside iderration is is valid. ;& ;& La Lawfu wfull 6he cons conside iderration and mus must $e la'f la'f ul ul and should not aains aainst the pu$lic polic#. :ons :on side iderration is is unla unla'f 'f ulK ulK 3f it it is is f or$idden $# la' la' 3t iis s fraudulent fraudulent 3t involve pr prope operrt# of of other other 3t iis s oppo oppos sed to the pu$lic polic#
>& >& Pa Past st co cons nsiiera erattion ion
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When the act have $een done $ef $ef ore a contr contract is is made it is is called pas past cons con side iderration E(amp E(a mple le 0 ive ives s some service vices s to , at ,Hs ,Hs de des sire. aterr on , compens ate compensate 0 f or hi his s service vices s. 1?& Pre 1?& Pres sent nt co cons nsiiera erattio ion n 3f the cons conside iderration is is decided at the time 'hen contr contract is is made it is is called
present cons conside iderration. E(amp E(a mple le
0li sold his his ca carr to , and 0li make the pa#ment at the same time it is is called pr present cons con side iderration. 11& -utu 11& uture re co cons nsiiera erattion ion When $oth the par partie ties s promi omis se to do somethin in f utur uture it is is called cons con side iderration. E(amp E(a mple le 0li pr promi omis sed to sell his his hou hous se , af af ter ter 1( da#s da#s. , als also pr promi omis sed to pa# the pr price af ter ter ten da#s da#s.
Q#8@b6 wat are te e(ceptions of consieration 0cco ccorrdin to la' la' a arreement 'ithout cons conside iderration is is void. 5ollo ollo' 'in ar are the ar areement eements s that ar are valid even 'ithout cons conside iderration. 1& 9atural lo%e an affection 6he areement 'hich is i s expressed in i n 'ritin 'r itin and is made on account of natural natura l love is valid even f there is no consideration.
E(ample 0li promises to pa# s 2((( to his son =unaid for no consideration. 0li ot it in 'ritin and reistered 'ith la'. Iunaid can enforce it
)& 2oluntary compensation 0 promise to compensate a person 'holl# or partl# a person 'ho has alread# voluntaril# do somethin for the promisor is enforcea$le even if there is no consideration.
E(ample
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0li ave medical treatment to ,ilal voluntaril#. ,ilal after discharin from hospital promised to -a# s. 4((( to 0li. 0li can enforce it.
*& ift )ift does not need an# consideration. 0n# ift iven or received is valid even if 'ithout consideration. consideration. Donor cannot take $ack the oods 'hich are are delivered as a ift.
E(ample rum ave her 'atch to Bis$ah as ift. rum cannot et $ack the 'atch as there 'as no consideration for her.
+& Contract of agency :onsideration is not paid to the aent on his appointment. Cormall# an aent is paid commission aainst his services.
E(ample 0li appointed aFi$ as his aent. 6he areement $et'een 0li and aFi$ is valid even 'ithout consideration.
,& "iscount $ remission f a creditor arees to receive less than 'hat is due/ it is kno'n as remission or discount. 6here is no need of consideration for the remitted amount.
EBA=PLE 0li $orro'ed s. !((( from 0hmed. ater 0li paid s. 55(( as full settlement of claim/ the 'hole de$t is dischared
8& To e(ten te time for performance 0reement to extend the time for the performance of contract needs no consideration.
E(ample Lu$air areed to construct aFi$Hs house 'ithin three month. ater Fu$air re*uested to extend the time for the completion of contract/ there is no need to of consideration for the extended time.
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Q#: /#at o you un uner erst sta an n by t# t#e e ca cap paci acitty of par arttie ies s St Sta ate t# t#e e positio ions ns of a minor or un uner er co cont ntrac ractt ac actt !r /#at o you un uner erst sta an n by t# t#e e ca cap paci acitty of par arttie ies s /#at is t# t#e e eff ect ect of agree agreem ment nt mae by t# t#e e per ers son not co comp mpe etent nt to to cont co ntrac ractt !r E(plai E(p lain n t# t#e e eff ect ect of co cont ntrac ractt mae by t# t#e e per ers son not qu quali alif f iie e to cont co ntrac ractt !r /#at o you ou un uner erst sta an n by co cont ntrac ractu tual al ca cap paci acitty
5or ente enterrin in to a valid contr contract the partie ties s mu mus st $e competent to contr contract Ever# perso Ever person n is i s competent to contr contract 'ho is i s o of f ae ae of of ma=or ma=orit#/ is is o of f sound mind and is is not dis dis*uali *ualif f ied ied from from contr contractin $# la' la' 9atu ture re of minor ors s agree agreem ment 1. @oid arreement 2. a Bino inorr a as s a parrtne pa tnerr 3. Bino inorr a as s a $enef $ene f iciar iciar# 4. Bino inorr as a aent 5. Bino inorr and ins insolvenc# !. Bino inorr and rati atif f ication ication ". :ontr :ontract $# minor minor and adult %. Bino inorr a as s mem$e mem$err of compan# compan# &. 1uret# f or a minor minor 1(. Bino inorHs rHs pa parrent
16 2oi oi Agree greem ment Bino inorr is a pe pers rson on 'ho has has not attained the ae of of ma=or ma=orit# 81% #ears9 #ears9.. 0reement 'ith minor minor is void from from $einnin $ecaus $ecause minor minor ha has s no leal capacit# to enter enter in to an ar areement. ;e is not lia$le to perf pe rf orm an# act or p prromi omis se under under the ar areement.
E(amp E(a mple le -ae 24
ashid enter as enter in to an ar areement 'ith a minor minor 1hahid/ on the date of of perf pe rf ormance 1hahid ref uses to perf perf orm the contr contract. as ashid cannot sue 1hahid $ecaus $ecause a arreement 'ith minor minor is void. )6 =i =in nor or as a par artn tner er 0 minor minor cannot $ecome a par partne tnerr in prof it it and loss losse es of a f irm. ;o'eve everr a minor minor can $e admitted to the $enef $enef its its o of f the the f irm onl#. E(ample E(amp le 0li/ and 1hahid ar are par partne tners rs in in a f irm the# admitted a ne' ne' pa parrtne tnerr sa=id a minorr in pr mino prof its it s and loss loss o of f f irm. 6his 6his is is a void ar areement as as mino minorr cannot $e admitted to pr prof its its and loss loss.. ,ashir ,as hir and CaFi aFirr are pa parrtne tners rs in a f irmJ the# admitted a minor minor ,ilal in prof its its of the f irm onl#. 6his 6his is is valid ar areement *6 =i =in nor or as a benef iciary iciary 3f an ar areement is is made f or the $enef $enef iitt of minor minor then the minor minor can take the $enef $enef iitt of th that at a arreement. 0 minor minor can enter enter in to an# arreement 'hich do not re*ui a e*uirred to $ear $ear an# o$li o$liation ation.. 0 mino minorr can enf en f orce a pr promi omiss sso or# not note e 'hich is is prepa eparred in his his f avor avor $ut he is is not lia$le. E(amp E(a mple le 1a=id/ a minor minor deliver delivered oods oods to ;a$i$ under under an ar areement. ;a$i$ ref used to make -a#ment. 3t 'as held that minor minor can recove ecoverr the pr price of of oods ood s +6 =i =in nor or as Age gent nt 0 minor minor can act as as an aent. ,ut a minor minor is not respon pons si$le f or an# nelience. 3f a minor minor $reache eaches s an# dut#/ he cannot $e held held respon pons si$le. 6her 6heref ore the 'hole the risk oes oes to the pr principal. E(amp E(a mple le 0li appoints appoints Buni unirr a minor minor as his his aent to sell his his hou hous se to a thir third pa parrt#. Buni unirr makes makes an ar areement to sale his his hou hous se to sa=id. 6h 6he ar areement is is valid.
,6 =i =in nor or an n ins nsol%e ol%en ncy 0 mino minorr cannot $e cons conside iderred ins insolvent $ecaus $ecause he is is not lia$le to perf pe rf orm an# o$liations o$liations. 4nl# his his p prrope operrt# is is lia$le. 3f he he has has no pr prope operrt# than the pa#ment cannot $e recove ecoverred E(amp E(a mple le
-ae 25
1hahid a minor minor $u# $u#s s medicine from from iaF under under an ar areement. 1hahid has has no pr prope operrt#. 1ha hah hid cannot $e held respon pons si$le. ;e cannot $e declar declared ins insolvent. 86 =i =in nor or an n <atif icat ication ion 0 mino minorr cannot conf conf irm thos those a arreement eements s that 'ere f ormed dur durin the ae of of minor minor it#. 3t iis s nece necess ssa ar# that a fre fresh ar areement should $e made af ter ter attainin the ae of of ma=or ma=orit#. :6 Cont ntrac ractt by minor or an n au ullt 3f a a minor minor and ma=or ma=or 8adult adult99 =ointl# enter enter into an ar areement 'ith other other parrt#/ onl# ma=or pa ma=or 'ill $e lia$le $ut a minor minor 'ill not $e respon pons si$le E(amp E(a mple le E halid halid a Bino inorr and adult =ointl# enter enter in to an ar a reement to pur purcha chas se 0li liHs Hs hous hou se. 3n cas case of of $r $reach of of contr contract onl# adult is is lia$le $ut not minor minor. ;6 =i =in nor or as =e =emb mber er of co comp mpa any 0 minor minor cannot dir directl# $u# sha harres of the compan# $ecaus $ecause he is is not competent to contr contract. 3f pa parrent ents s of a minor minor are sha harreholde eholders rs of a compan#/ comp an#/ the comp compan# an# can tran ansf sf er sha harres in f avor avor of minor minor af ter ter the death of of his his pa parrent ents s. E(amp E(a mple le Iamaal Iamaal holds holds sha harre of a compan#. ;e dies dies and leaves leaves Lain 8; 8;iis 1on on99 a minorr as his mino his le leal rep eprresentative. :ompan# is is $ound to tr tran ansf sf er sha harres to B. >6 Su Sure retty f or or =i =in nor When an adult ives ives suret# in a contr contract of of ua uarrantee/ onl# the adult is lia$le under under the contr contract. Bino inorr is is not respon pons si$le f or an# o$liation. E(amp E(a mple le 0li a minor minor make makes s a contr contract 'ith 'a*a a*as s. 0hmed ives ives suret# f or 0li. 6he contrract is cont is valid. 1?66 =i 1? =in nor ors s pare arents nts 3f an ar areement is is made $# a minor minor than par parent ents s of minor minor are not respon pons si$le f or the pa#ment. 6he par parent ents s ar are respon pons si$le onl# 'hen minorr act mino acts s a as s an aent of of his his pa parrent. E(amp E(a mple le
0li send ends s hi his s son to $u# oods oods from from Iamaal/ Iamaal/ his his son $ouht oods oods fr from om Iamaal. Iamaal. 0li is i s lia$le to make pa#ment.
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Q#; /at is consent an f ree ree consent /at is te e5 ec ect of consent on contract !r /at is consent /at is te e5 ec ect of consent wen it is not f ree ree Consent When t' t'o or mo morre pa parrtie ties s ar aree upon the same thin in the same mannerr in the same sen manne ens se/ 'hen the $o $oth the par partie ties s a arree upon the same thin in the diff diff erent manner manner it is not a real cons consent. -ree co -ree cons nse ent :ons :on sent is is free free 'hen it is is not o$tained o$tained $#J i9 :oerrcion :oe ii ii99 Andue inf inf luence luence iii9 iii9 Bisr srep eprresentation iv iv99 5r 5raud aud v9 Bistake
E5 ec ects of consent on te %aliity of contract 1& 1& Coercio oercion n :oercion means :oer means committin or or thr threadin to commit an# act 'hich is is f or$idden $# la' la'. 3n other other 'ords coe coerrcion means means o$tainin the cons consent of of otherr pa othe parrt# $# thr threatenin him. Eff ects ects on co cons nse ent i&
Comm mmiitt ttiing or or t# t#rea reattening to co comm mmiit
When a pers person on commits commits or thr threaten eatens s to do a pers person on a 'ork 'hich is is f or$idden $# la' la'. 3s 3s called called coer coercion Example 0li thr threat eats s to kill Ba=id/ if if he does does not ave his his ca carr to Boh ohs sin. 6he arreement is a is void as as con cons sent is is not free free ii&
3nla 3n lawfu wfully lly etai ain ning or or t# t#rea reattening to etain ain pro rop per ertty
When a pers person on unla'f unla'f ull# ull# detain the pr prope operrt# of of other other pe pers rson on f or the purrpo pu pos se of of compellin compellin him to enter enter into an ar areement/ it is is c co oercion -ae 2"
E(amp E(a mple le 0 d drrive iverr ref uses to deliver deliver the documents documents o of f car car to his his emplo#e emplo#err unle unless ss he he is paid s s 1((( it is is coe coerrcion Eff ect ect of coercio ercion n on t# t#e e %ali %ali ity of co cont ntrac ractt 0 contr contract f ormed under under the coer coercion/ the contr contract is is voida$le at the option of of that par part# 'ho hos se cons consent is is not fr free. ee.
)& 3nue influence Andue inf inf luence is is 'hen one par part# us uses hi his s po pos sition or or po po' 'er to dominate the 'ill or or con cons sent of of other other pa parrt# and us uses hi his s po po' 'er to o$tain unf unf air air advantae over over the other other. 3t iis s f urthe therr explained as as f ollo's ollo'sKK i&
"ominating position ion
3n orde derr to prove undue inf inf luence. luence. 6he relation $et' $et'een the par partie ties s should $e such that th the one of of them them should $e in a dominatin dominatin po pos sition. ii&
3nf air air a%a %ant ntage age
3n or orde derr to pr prove ove undue inf inf luence/ luence/ it is is nece necess ssa ar# to pr prove that the pers person on 'ho has has dominati dominatin n pos position has has us used his his po po' 'ers rs to to et unf unf a air ir advantae. Eff ect ect of unu unue e inf luence ce on t# t#e e %ali %ali ity of co cont ntrac ractt :ontract made under :ontr under the undue inf inf luence can $e avoided $# the par part# 'ho hos se cons consent is is o$tained $# undue inf inf luence. luence. *& *& -ra rau u 0ll acts acts committed $# a par part# 'ith the intention to deceive the other other pa parrt#. 6herre is 6he is fraud fraud in the f ollo' ollo'in cas casesK i&
-alse st sta atement
When a par part# to contr contract makes makes f als alse statement intentionall#/ he is is lia$le f or fr fraud aud E(amp E(a mple le E hur huram khurrr khurrram am kno's kno's that that his his mo$ile has has $een made in -aki akis stan $ut tells tell s 0hmed that the mo$ile made in I in Iapan/ apan/ khurrr khurrram am is is lia$le f or fr fraud. aud. ii&
!b.ec b.ectt of f rau rau
-ae 2%
6he o$=ect of fraud fraud mus must $e to deceive other other pa parrt# and the other other pa parrt# have $een actuall# deceived $# the other other pa parrt#. iii&
Loss
3t iis s al als so necess necessa ar# that the par part# actin upon the misr misrep eprresentation has has suff ered loss loss Eff ects ects of f rau rau on co cons nse ent 6he f ollo' ollo'in remedie emedies s a arre availa$le to the ar arieved par part#K a9 ;e can avoid the contrract $9 cont $9 ;e can sue f or the damaes damaes c9 ;e can as ask f or the speci pecif f ic ic perf perf ormance and restor toration +& +& =i =is sre rep pre res sent nta atio ion n Bisr srep eprresentation means means the ivin the f als alse statement of of f act act a$out contract to o$tain th contr the consent of of con cons sent of of other other pa parrt#. Bisr srep eprresentation mus must $e made 'ith the intention to deceive other other parrt#. pa 3n or orde derr to pr prove ove misr misrep eprresentation the f ollo' ollo'in ins s thin thins s ar are necess necessa ar#K i. 3t mus must relate to the contrract ii. 3t mus cont must $e untrrue unt iii. 6he other pa parrt# mus must suff er lo loss ss iv. 6he other pa parrt# cannot dis discove coverr the tr truth $# or ordina dinarr# dilience Eff ects ects of f rau rau on co cont ntrac ractt 6he cont contrract is is voida$le at the option of of that par part# 'ho hos se cons consent is is aff ected ected $# the misr misrep eprresentation. 6he contr contract ma# $e accepted $# the in in =u =urred par part#.
-ae 2&
Q#> /at is iscarge of contract /at are te ways in wic a contract may be iscarge $ terminate "iscarge of contract When the When the rihts rihts and and duties duties created created $# $# la' la' come come to to an an end end the the contract is contract is said said to to $e $e dischared dischared or or terminated 0 contract contract can can $e $e dischared dischared $# $# the the follo'in follo'in 'a#s 1. 1. Dischare Dischare $# $# -erformance 2. -erformance 2. Dischare $# Dischare $# 0reement 3. 3. Dischare Dischare $# $# u$se*uent u$se*uent impossi$ilit# 4. impossi$ilit# 4. Dischare Dischare $# $# aps of time aps 5. 5. Dischare Dischare $# $# peration peration of la' la' !. !. Dischare Dischare $# $# ,reach of contract ,reach
"iscarge by Performance When all When all the the parties parties to to a contract contract have have performed performed there there services services re*uired $# re*uired $# la' la' the the contract contract is is dischared dischared $# $# performance. performance. f onl# onl# one part# one part# performs performs his his duties duties he he is is alone alone dischared. dischared. 6he 6he performance ma# performance ma# $eJ i. ii.
Actual performance When all When all the the parties parties to to a contract contract have have performed performed their their promise promise the the contract comes contract comes to to an an end end $# $# actual actual performance
E(ample haFia arees haFia arees to to sell sell her her $a $a to to Baria Baria for for 5(( 5(( s. s. haFia haFia delivers delivers her $a her $a and and Baria Baria makes makes pa#ment. pa#ment. 6his 6his is is an an actual actual performance
Attempte performance @or6 Tener When one When one of the the parties/ parties/ oered oered to to performed performed contract contract $ut $ut other other part# does part# does not not accept accept it. it. 6his 6his is is an an attempt attempt to to perform
E(ample haFia arees haFia arees to to sell sell her her $a $a to to Baria Baria for for 5(( 5(( s. s. haFia haFia offers offers to to deliver her deliver her $a $a $ut $ut Baria Baria does does not not accept accept it. it. 6his 6his is is an an attempted attempted performance.
"iscarge by Agreement
-ae 3(
0 contract contract ma# ma# $e $e dischared dischared $# $# the the areement areement $et'een $et'een the the parties in parties in an# an# of the the follo'in follo'in 'a#s i. Covation ii. Covation 0lteration iii. escission iv escission iv.. emission v. Waiver
9o%ation Covation means Covation means the the replacement replacement of old old contract contract $# $# ne' ne' contract. contract. n ne' contract ne' contract the the parties parties ma# ma# chane chane or or remains remains the the same/ same/ thus thus an an old contact old contact is is dischared dischared 'ith 'ith the the ne' ne' contract
E(ample
0 o'ed 8 9 to , and , to :/ 0Hs de$t to $ is cancelled and : accepts 0 as his h is De$tor De$tor.. t is novation
Alteration 0lteration means 0lteration means the the chanin chanin in in the the terms terms and and conditions conditions of contract. f alteration contract. alteration is is made made 'ith 'ith the the consent consent of all all the the parties parties the the contract is contract is dischared dischared and and a ne' ne' contract contract takes takes place
E(ample 0li arees 0li arees to to sale sale oods oods to to iaF iaF for for s s 1(((. 1(((. ater/ ater/ iaF iaF decided decided to to purchase purchase hih hih *ualit# *ualit# )oods )oods for for s s 2(((. 2(((. 6he 6he old old contract contract is is altered.
<escission
escission means escission means the the cancellation cancellation of contract contract $# $# mutual mutual areement. 6he cancellation 6he cancellation free free the the parties parties from from o$liations o$liations of contract
E(ample Ba=id 0rees Ba=id 0rees to to sale sale oods oods to to a=id a=id for for s s 2(((. 2(((. ater/ ater/ a=id a=id re*uested Ba=id re*uested Ba=id to to cancel cancel the the suppl# suppl# of )oods. )oods. 6his 6his is is rescission.
/ai%er When a part# When part# surrenders surrenders his his riht riht to to contract/ contract/ the the other other part# part# is is free from free from his his part part of o$liation. o$liation. t t is is called called 'aiver.
E(ample
0li o'es Ba=id s. 5(((. 0li arees to accept s. 4((( in full satisfaction of claim. 6he 'hole de$t is dischared.
-ae 31
"iscarge by Subsequent impossibility f the the performance performance of contract contract is is possi$le possi$le at at time time of formation formation of contract contract $ut $ut after'ards after'ards it it $ecomes $ecomes impossi$le impossi$le or or unla'ful. unla'ful. 6he contract 6he contract 'ill 'ill $e $e dischared.
E(ample a9 ,ilal a9 ,ilal promise promise to to sell sell 'heat 'heat ;a$i$/ ;a$i$/ $efore $efore deliver# deliver# overnment overnment $anned private private tradin tradin of 'heat $9 $anned $9 arukh and arukh and idra idra promise promise to to marr# marr# each each other/ other/ $efore $efore the time the time fixed fixed for for marriae marriae arukh arukh dies. dies. 6he 6he contract contract $ecomes void $ecomes void and and dischared
"iscarge by Laps of time 0ccordin to 0ccordin to the the limitation limitation act/ act/ the the contract contract should should $e $e performed performed 'ithin a specified 'ithin specified or or reasona$le reasona$le time. time. n n case case of $reach $reach of contract/ contract/ leal action leal action should should $e $e taken taken 'ithin 'ithin a specified specified period period of time. time. f no no leal action leal action is is taken taken 'ithin 'ithin specified specified period period of time time the the contract contract is is dischared.
E(ample ,ashir took ,ashir took loan loan form form CaFir. CaFir. ast ast date date for for repa#ment repa#ment of loan loan has has expired $ut expired $ut no no leal leal action action has has $een $een taken taken $# $# CaFir CaFir for for 3 #ears. #ears. ,ashir is ,ashir is dischared dischared from from his his lia$ilit#.
"iscarge by operation of Law 0 contract contract ma# ma# $e $e terminated terminated $# $# the the operation operation of la' la' in in the the follo'in follo'in 'a#s i. nso solv lven enc# c# ii. Death of an# an# part# iii. part# iii. 0l 0lte tera rati tion on
Insol%ency 0 contract contract is is dischared dischared 'hen 'hen court court declares declares a person person insolventJ such insolventJ such person person is is dischared dischared from from his his lia$ilities lia$ilities incurred incurred $efore insolvenc#. $efore
"eat of any party f an# an# of the the part# part# $efore $efore performance performance dies/ dies/ the the contract contract is is dischared.
Alteration 0lteration means 0lteration means chane chane in in rihts rihts and and duties duties of the the parties. parties. f the the terms and terms and conditions conditions are are chaned chaned $# $# an# an# part# part# 'ithout 'ithout consent consent of other part# other part# the the contract contract is is dischared
"iscarge by 4reac of contract
-ae 32
,reach of contract ,reach contract means means 'hen 'hen one one or or more more of the the parties parties fail fail to to perform their perform their o$liations. o$liations. ,reach ,reach of contract contract dischare dischare the the arieved part# arieved part# from from performin performin his his o$liation. ,reach of contract ,reach contract ma# ma# of t'o t'o t#pesJ i. ii. ii.
i6 Actual 4reac When a part# When part# fails fails to to perform perform his his o$liations o$liations 'hen 'hen the the performance performance is is due
E(ample th
Leeshan arees Leeshan arees to to sale sale oods oods to to aFi$ aFi$ on on ! Covem$er/ Covem$er/ $ut $ut he he does not does not deliver deliver oods oods at at areed areed time. time. 6his 6his is is actual actual $reach.
ii6
Anticipatory 4reac
0n anticipator# 0n anticipator# $reach $reach occurs occurs $efore $efore the the time time fixed fixed for for performance. performance. t t has t'o has t'o t#pes Express $reach Express $reach and and implied implied $reach.
a& E(press breac When one When one part# part# communicates communicates the the other other part# part# his his attention attention not not to to perform perform the the contract. contract. 6his 6his is is express express $reach.
E(ample Behmood arees to sale his house to aFi$. ,efore the date of performance Behmood informs aFi$ that he 'ill not sale his house.
b& Implie 4reac When a part# does an act 'hich makes the contract impossi$le to perform. 6his is called implied $reach.
E(ample th
Bis$ah arees Bis$ah arees to to sale sale her her $a $a to to 0nam 0nam on on " Covem$er Covem$er $ut $ut $efore the $efore the due due date date Bis$ah Bis$ah sold sold her her ,a ,a to to *ra.
-ae 33
Q#1? /at are te remeies a%ailable to an aggrie%e party for breac of contract !r "iscuses te consequences of breac of contract !r State te principles on wic court awar for breac of contract
4reac of contract ,reach 8 9 of contract ,reach contract means means 'hen 'hen one one part# part# fails fails or or refuses refuses to perform his perform his o$liation
<emeies for breac of contract ollo'in remedies ollo'in remedies 8 9 are are availa$le availa$le to to arieved arieved 8 9 part# for part# for $reach $reach of contract contract aainst aainst the the uilt# uilt# 8 9 part# 1. 1. uit uit for for rescission 2. rescission 2. uit for uit for damaes 3. 3. uit uit upon upon *uantum *uantum meruit 4. 4. uit uit for for specific specific performance 5. performance 5. uit uit for for in=unction
16 Suit for rescission escission means escission means cancellation cancellation of contract. contract. When When one one part# $reaches the $reaches the contract contract the the other other part# part# ma# ma# rescind rescind contract contract and refue to refue to perform perform his his part part of o$liation. o$liation. 6he 6he arieved arieved part# part# ma# sue the sue the uilt# uilt# for for damaes Example 0 arees to to sell sell his his car car to to , for for ! lac lac s. s. ,ut ,ut on on due due date date 0 refuses refuses to to arees hand over hand over his his car. car. , is is dischared dischared from from contract contract and and can can claim claim damaes
-ae 34
)6 Suit for amages Damaes are Damaes are the the monetar# monetar# compensation compensation allo'ed allo'ed to to arieved part# for part# for the the lose lose suffered suffered $# $# him him as as a result result of $reach $reach of contract. 6he arieved 6he arieved part# part# can can claim claim the the follo'in follo'in damaes i9 i9 )eneral damaes ii9 damaes pecific damaes pecific ii iiii9 Exem emp plar# damaes damaes iv9 i*uidated damaes
i6
eneral amages
rdinar# damaes rdinar# damaes are are those those 'hich 'hich naturall# naturall# arise arise as as a result result of $reach $reach of contract or example or example in in a contract contract of sale sale of oods oods the the dierence dierence $et'een $et'een the contract the contract price price and and market market price price are are the the damaes damaes that that can can $e $e claimed
ii6
Speci7c amages
6hese are 6hese are the the direct direct loses loses 'hich 'hich arise arise due due to to the the $reach $reach of contract. 6hese contract. 6hese damaes damaes arise arise under under some some special special cases
iii6
E(emplary amages
6hese 6hese damaes damaes are are a'arded a'arded not not to to punish punish the the uilt# uilt# part# part# and and not compensate not compensate the the in=ured 8arieved9 in=ured 8arieved9 part# part# for for the loss the loss suffered.
i%6
Liquiate amages
When the When the parties parties to to a contract contract fix fix the the amount amount of damaes damaes at at the the time of formation time formation of contract contract such such damaes damaes are are called called li*uidated li*uidated or or nominal damaes. nominal
*6 suit for quantum meruit uantum meriut uantum meriut means means pa#ment pa#ment in in proportion proportion of 'ork 'ork done. ometimes one ometimes one of the the parties parties has has done done a part part of his his o$liation o$liation $ut the other the other part# part# commits commits the the $reach $reach of contract. contract. n n such such case case the part# 'ho part# 'ho has has performed performed some some 'ork 'ork has has riht riht to to claim claim for for the the value of 'ork 'ork done done and and damaes damaes for for the the remainin remainin 'ork.
E(ample 0 arees arees to to construct construct a three three stor# stor# house house for for ,. ,. 'hen 'hen onl# onl# one one stor# 'as constructed/ 'as constructed/ , prevented prevented 0 from from doin doin more more 'ork. 'ork. o o here here 0 is is entitled entitled to to et et the the reasona$le reasona$le compensation compensation for for the the 'ork 'ork done and the and the damaes damaes for for remainin remainin 'ork. -ae 35
+6 Suit for speci7c performance When onl# When onl# damaes damaes are are not not enouh enouh to to compensate compensate then then the the court court ma# order ma# order uilt# uilt# to to perform perform specific specific performance pecific performance pecific performance is is ranted ranted in in the the follo'in follo'in 'a#s a9 When a9 When compensation compensation in in mone# mone# is is not enouh not enouh $9 $9 When When compensation compensation cannot $e cannot $e o$tained c9 c9 Where Where one one of the the parties parties is is a minor d9 Where d9 Where the the contract contract involves involves personal personal skills/ skills/ taste taste and and *ualification Example 0li arees 0li arees to to sale sale his his plot plot of land land to to Ba=id Ba=id 'ho 'ho arees arees to to purchase purchase it it to to erect erect his his mill mill there. there. ater/ ater/ 0li 0li commits commits $reach. $reach. t t 'as 'as held held $# $# court court to to carr#out carr#out contract
,6 Suit for in.unction n=ection is n=ection is an an order order from from the the court court of la' la' prohi$itin prohi$itin a person person from from doin a specific doin specific act. act. t t is is ranted ranted 'here 'here the the damaes damaes are are not not the the ade*uate relief ade*uate Example arrah a lad# arrah lad# siner siner enter enter into into an an areement areement 'ith 'ith alman alman to to sin sin at salmanHs theater salmanHs theater and and no'here no'here else. else. 0fter'ards 0fter'ards arrah arrah made made a contract 'ith contract 'ith heraF heraF to to sin sin at at his his theater theater and and refused refused to to perform her contract her contract 'ith 'ith alman. alman. t t 'as 'as held held that/ that/ arrah arrah could could not not $e compelled to compelled to sin sin at at salmanHs salmanHs theater theater she she 'as 'as prohi$ited prohi$ited $# $# the court form court form sinin sinin for for heraF.
-ae 3!
Q#11 "iscuss in etail te position of a quasiD contract wen te obligations of contract are impose by te law !r /at are te types of quasi contract
Quasi $ constructi%e $ implie Contract uasi contracts uasi contracts are are $ased $ased on on the the principle principle of e*uit# e*uit# 8 Iustice 8 9. Iustice
9 and and
t t means means that that no$od# no$od# is is entitled entitled to to $enefit $enefit at at the the cost cost of other. other. ome time la' time la' re*uires re*uires that that a particular particular person person must must perform perform some o$liations such o$liations such o$liations o$liations are are called called *uasi *uasi M contract contract the# the# are are also called constructive called constructive or or implied implied contract.
ins of contract !r Conitions uner wic quasi contract arise 1. 1. uppl# uppl# of necessaries 2. 2. -a#ment -a#ment $# $# interested interested person 3. 3. :ompensation :ompensation for for non non ratuitous acts ratuitous acts 4. 4. inder inder of oods 5. 5. Bistake Bistake or or under under coercion
16 Supply of necessaries Where necessaries Where necessaries are are supplied supplied to to a person person 'ho 'ho is is incompetent to to contract contract or or to to someone someone 'hom 'hom he he is is leall# leall# $ound $ound to to support/ the supplier the supplier is is entitled entitled to to recover recover the the price price from from the the propert# propert# of incompetent person. incompetent
E(ample 0li supplies 0li supplies ;ammad ;ammad a minor/ minor/ necessaries necessaries suita$le suita$le to to their their conditions in conditions in life. life. 0li 0li is is Entitled Entitled to to reim$urse reim$urse 8 9 form form ;ammadHs ;ammadHs
-ropert#.
)6 Payment by intereste person -ae 3"
0 person person 'ho 'ho is is interested interested in in the the pa#ment pa#ment of mone# mone# 'hich 'hich another another is $ound $# $ound $# la' la' to to pa# pa# and and 'ho 'ho therefore therefore pa#s pa#s itJ itJ it it is is entitled entitled to to $e $e reim$ursed $# reim$ursed $# other.
E(ample a9 0 pa#s a9 pa#s arrears arrears of rent rent of , to to avoid avoid dispute dispute $et'een $et'een , and his and his landlord landlord 8 9 0 cannot cannot recover recover from from as as he he has has no no interest interest in in pa#ment $9 0 imported $9 imported )oods )oods and and stored stored in in ,Hs ,Hs 'arehouse 'arehouse 'ithout pa#in the pa#in the custom custom dut#. dut#. 6he 6he custom custom dut# dut# 0uthorities recovered custom recovered custom dut# dut# from from ,. ,. , can can recover recover from from ,
*6 Compensation for 9onD gratuitous act When a person When person la'full# la'full# does does an#thin an#thin for for another another person/ person/ or or delivers delivers an#thin to an#thin to him/ him/ not not intendin intendin to to ive ive as as a free free ift/ ift/ the the other other person person also en=o#s also en=o#s $enefit $enefit thereof. thereof. ater ater he he is is $ound $ound to to compensate compensate former former 8 9.
E(ample 0 coolie coolie takes takes the the luae luae of passener passener at at the the rail'a# rail'a# station station 'ithout askin. 'ithout askin. -assener -assener does does not not o$=ect o$=ect 8 9 to to it. it. :oolie :oolie can can et the et the pa#ment
+6 -iner of goos 0 person person 'ho 'ho finds finds the the oods oods $elonin $elonin to to other other and and takes takes them them into his custod#/ his custod#/ he he is is entitled entitled to to recover recover compensation compensation for for the the trou$le trou$le in in findin the findin the o'ner o'ner of oods. oods. f he he fails fails to to find find the the true true o'ner o'ner he he can can retain the retain the rin
E(ample 0li found 0li found a rin rin at at a part# part# he he told told the the other other uests uests a$out a$out it it $ut $ut could not could not find find the the o'ner. o'ner. 0li 0li can can retain retain the the rin.
-ae 3%
Q#1) wat is te ifference between inemnity an guarantee 4as 4a si s =ean =ea nin g
Partties Par ies
Liab Lia bilit ility
uara arant ntee ee Inemn Ine mniity 0 contr contract of of indemnit# In In co cont ntrac ractt of gura rant ntee ee is to com coman ans sate the loss loss one per ers son gi%e gi%es s t# t#e e su ered $# a pers person on from from gura rant ntee ee f or or the con conduct of of an# thi thirrd t#e t# e per erf f orm ormance ce of pers pe rson on 3n a contr contract of of indemnit# therre are th the thrree par partie ties s/ indemnif indemni f ier ier and indem indemnit# nit# holderr holde 6he lia$ilit# of indemni demnif f ier ier is p prrima imarr#
9umber 9umber of cont co ntrac ractt
3n contr contract of of indemnit# therre is onl# one cont the contrract $et' $et 'een the ind indem emni nif f ier ier and indemnit# holder holder
Perf Per of orm r ma n ce f ce o cont co ntrac ractt
3n c ontract of indemnit# perf pe rf ormance depends depends upon the po poss ssi$ilit# i$ilit# of of loss loss 6his 6hi s contr contract is is made f or the pa#ment of loss loss 6he indemnif indemnif ier ier/ promi omis ses 'ithout the re*ue e*ues st of of de$torr de$to
9atu ture re <equ que est
cont co ntrac ractt 3n a contr contract of of ua uarrantee therre are ther the there par partie ties s/ suret#/ de$torr/ cr de$to credito editorr 6he lia$ilit# of suret# is is seconda econdarr# as he is lia$le onl# 'hen the cr credito editorr f ails ails to pa# the de$t 6herre ar 6he are ther there contrract cont acts s ,et ,et' 'een suret# and cr credito editorr ,et' ,et 'een cr credito editorr and principal ,et' ,et'een suret# and pr principal 3n contract of u urrantee the perf perf ormance depends depends upon if if the credito editorr f ails ails to make the pa#ment. 6hi 6his s contrract is cont is made f or the pa#ment of of de$t de$t 3t iis s nece necess ssa ar# that the suret# mus mu st ive the ur urantee at the re*ue e*ues st of of de$tor de$tor
-ae 3&
Q#1* /FAT IS 4AILE=E9T ALS! EBPLAI9 TFE ESSE9TIAL -EAT3<ES !- 4AIL=E9T& Contract of bailment 4ailm 4ail ment ,ailment is is a voluntar voluntar# tran ansf sf er of oods oods $# the o' o'ne nerr to another another pe pers rson on f or speci pecif f ic ic pur purpo pos se under under a condition that such other other pe pers rson on shall retu eturrn the oods oods af ter ter the pur purpo pos se is accompli accomplis shed. E(amp E(a mple le 0li deliver delivered a piece of of cloth cloth to ,as ,ashir hir to make a suit/ ther there is is a contr contract of of $ailment $et' $et'een 0li and ,as ,ashir hir. 4ailor 6he pers person on 'ho delivers delivers the the oods oods to the other other pe pers rson on is is called ,ailor ,ailor. 4ailee 6he pers person on to 'hom oods oods a arre deliver delivered under under the contr contract of of $ailment $ailment is is called ,ailee Ess sse ent ntial ial f eatu eature res s i. :ontract ii. 1peci pecif f ic ic pur purpo pos se iii. Co chane of of o'ne ners rsh hip iv. eturn of of same oods oods 1& 1& Cont ntrac ractt 6here mus 6her must $e a contr contract of of $ailment $ailment $et' et'een the par partie ties s. 3f the the oods ood s a arre deliver delivered $# mis mistake/ ther there is is no $ailment )& )& Sp Speci ecif f iic c pu pur rpose 6he oods oods mu mus st $e deliver delivered f or some speci pecif f ic ic pur purpo pos se. 3f the the oods oods ar are deliverred 'ithout an# pur delive purpo pos se ther there is is no contr contract of of $ailment. $ailment.
*& *& 9o c#ange ge of own wner ers# s#iip 3n contr contract of of $ailment $ailment onl# the poss posse ess ssion ion of of oods oods chaned $ut the o'ne ners rship hip remain emains s in the same hands hands. 3f the the o' o'ne ners rship hip of of oods oods i is s chaned it cannot $e called $ailment. +& +& <etu tur rn of same goo goos s theto puthe pur rpo pos se of of r $ailment .$ailment iss accompli is accomplis shed/ ood s mu mus st $e rWhen eturrned etu $aile $ailer 6he depos depo it of of mone# mone# in asame $ankoods is not is $ailment $ecaus $ecau se $ank cannot retu eturrn the same mone#/ ho' ho'eve everr note notes s and other other valua$le oods oods depo depos sited in $ank ar are the examples examples o of f $ailment. $ailment. -ae 4(
Q#1+ wat are te rigts an uties of 4ailor ihts iht s and dutie uties s of of ,ailor ,ailor a arre iven $elo elo' '
<igts of 4ailor 5ollo ollo' 'in ar are the riht ihts s of of ,ailor ,ailor
1& 1& <ig#t g#t to reco%er reco%er amage ages s ,ailor can claim f or the damaes ,ailor damaes that ar arise due to $aileeHs $aileeHs nelience. ;e can als also claim damaes damaes a arrisin due to unauthor unauthoriFed us use of of oods oods. E(amp E(a mple le 0li $ailed some oods oods to Lees Leeshan $ut due to the nelience of of Lees Lee shan the oods oods 'ere stolen. 0li can recove ecoverr the damaes damaes. )& )& <ig#t ig#t to eman n re retu tur rn of goos 6he ,ailo ,ailorr ha has s riht to et $ack the oods oods $ailed af af ter ter as soon as as the pur purpo pos se is accompli accomplis shed. 3f ,ailee ,ailee f ails ails to retu eturrn the ,ailor ,ailor can claim f or the compens compensation E(amp E(a mple le 1a==id ive a car car to ma==id on hir hire f or 5 da#s da#s. Ba==id f ails ails to retu eturrn on 5thd da#. 1a==id can claim damaes damaes *& *& <ig#t ig#t to clai claim m increa creas se 6he ,ailor ,ailor can claim an# incr increa eas se or or p prrof iit/ t/ 'hich ma# accr accrued fr from om the $ailed oods ood s. Example 0sad $ailed a co' 0sad co' to khurr khurram. am. :o' :o' ave $ir $irth to a calf calf . 0s 0sad ad can claim co' co' alon 'ith calf calf . +& +& <ig#t ig#t to ter erm minate bail ailm ment 6he ,ailo ,ailorr ha has s a riht to ter terminate the $ailment if if ,ailee ,ailee does does an# act 'hich is is aain aains st the ter terms and conditions conditions o of f $ailment. $ailment. E(amp E(a mple le 0li ives ives hi his s ca carr on hir hire to Iunaid Iunaid f or pe pers rsonal onal us use $ut Iunaid Iunaid star tart dr d rivin it as a s ca carr rriae. iae. 0li can ter terminate contr contract. ,& ,& <ig#t ig#t to su sue e -ae 41
,ailorr can sue ,ailee if ,ailo if he he f ails ails to retu eturrn oods oods o orr $ $rreache eaches s cont contrract. E(amp E(a mple le 0li ives ives hi his s mo$ile to Lain f or repai epairrin. Lain sold it to 6ania. 0li can sue Fain. 8& 8& Comp mpe ens nsa ation ion 3f the ,ailee 'ithout the per permi miss ssion ion of of ,ailor ,ailor mixes mixes the oods oods of ,ailor ,ailor 'ith his his o'n oods oods in such a 'a# that it $ecomes $ecomes impo imposs ssi$le i$le to sepa eparrate them/ the ,ailor ,ailor ha has s a riht to claim f or the comp compen ens sation f or the loss loss of oods ood s. E(amp E(a mple le Boshsin $ailed 2 $as $as o of f ,as ,asmati ice to ;ass ssan. an. ;ass ssan an mixed them 'ith his his o o' 'n rice that 'as of of cheap cheap *ualit#. Boshsin can claim f or the compens compen sation "utie "ut ies s of 4ailor 5ollo ollo' 'in ar are the duties duties of of ,ailor ,ailor i9 Dut# to dis disclo clos se f aults aults ii ii99 Dut# to repa# necess necessa ar# expens expenses iii iii99 Dut# to repa# extr extra or ordina dinarr# expens expen ses iv iv99 Dut# to indemnif indemnif # f or def de f ective ective title v9 v9 Dut# to receive $ack oods oods 1& 1& "uty "uty to isclo clos se f aults )& )& 3t is the dut# of of ,ailor ,ailor to dis disclo clos se all the f aults aults in $ailed oods oods 'hich ar are kno' kno'n to him. 3f he does does not dis disclo clos se them he 'ill $e lia$le f or the damaes damaes a arrisin due to such f aults aults. E(amp E(a mple le 0li hir hires a ca carr rriae iae of of Behmood. 6he carr carriae iae 'as un uns saf e and Behmood had not dis disclo clos sed that f act act to 0li. 0li is is in=ur in=ured. Behmood is is lia$le f or the damaes damae s. *& *& "uty "uty to re rep pay ay e( e(p pens nse e When the ood oods s a arre to $e kept or or ca carr rried ied $# the ,ailee. 3t iis s the dut# of of ,ailorr to $ear ,ailo $ear all the expens expense incurr incurred ed on the $ailed oods oods. E(amp E(a mple le 0li deliver delivered a car car to shahid f or the saf e cu cus stod#. 4ne tir tire of the the car car 'as $urs $u rstt on the 'a#. 1hahid spe pen nt s s.4((( to replace tir tire. 0li is is lia$le to pa# s. 4((( +& +& "uty "uty to re rep pay ay e( e(ttra ra or or inary ary e( e(p pens nse es
-ae 42
3f the extr extra ordina dinarr# expens expenses are incurr incurred ed $# the ,ailee on the $ailed oods ood s then it iis s the dut# of of ,ailor ,ailor to repa# thos those expens expenses. E(amp E(a mple le ;a$i$ $ailed his his ho hors rse e to 0s 0siif f or =ou =ourrne#. 6he expens expense f or f eedin eedin hors horse e is is ordina dinarr# expens expense e and f alls alls on ,ailee $ut if if ho hors rse e $ecomes $ecomes sick then it is the dut# of of ,ailor ,ailor to repa# the expens expenses incu incurr rred ed on the tr treatment of of hors ho rse. e. ,& ,& "ut "uty y to in ne emn mniif y f or or t# t#e e ef ect ecti%e i%e title Where the title of Wher of oods oods to ,ailor ,ailor is de def f ective ective and ,ailee suff ers rs lo loss ss due due to such title/ 3t is the dut# of of ,ailor ,ailor to indemnif indemnif # the ,ailee f or such loss loss.. E(amp E(a mple le 0li ives ives hi his s neih$o neih$orHs rHs scoote cooterr to ,ilal f or us use 'ithout neih$orHs neih$orHs perrmi pe miss ssion. ion. 6he Ceih$o eih$orr f iles iles a suit on ,ilal and received compens compensation. 0li is is lia$le to compens compensate ,ilal. 8& 8& "uty "uty to recei%e recei%e bac ac0 0 goo goos s 3t is the dut# of of ,ailor ,ailor to receive $ack oods oods 'hen the ,ailee retu eturrns them af af ter ter the accompli accomplis shment of of pur purpo pos se E(amp E(a mple le 0li $ailed his his ho hors rse e to ,ilal to f eed eed f or t'o months months. 0li doe does s not take his his hors ho rse e af ter ter t'o months months. ,ilal has has to spend mor more to f eed eed hors horse. e. 3t iis s the dut# of of 0li to compens compensate ,ilal.
-ae 43
Q#1, wat are te rigt an uties of 4ailee <igts of 4ailee ollo'ins are ollo'ins are the the rihts rihts of ,ailee
1& <igt to reco%er amages 0 ,ailee ,ailee has has riht riht to to recover recover damaes damaes suffered suffered due due to to fault fault in in $ailed $ailed oods that oods that 'ere 'ere kno'n kno'n to to the the ,ailor
E(ample 0li hires 0li hires a carriae carriae of Behmood. Behmood. 6he 6he carriae carriae 'as 'as unsafe unsafe and and Behmood had Behmood had not not disclosed disclosed that that fact fact to to 0li. 0li. 0li 0li is is in=ured. in=ured. Behmood is Behmood is lia$le lia$le to to compensate compensate for for the the damaes.
)& <igt to reco%er e(pense t t is is the the riht riht of ,ailee ,ailee to to recover recover expenses expenses that that 'ere 'ere incurred incurred on on the the $ailed oods. $ailed
E(ample 0li delivered 0li delivered a car car to to shahid shahid for for the the safe safe custod#. custod#. ne ne tire tire of the the car 'as $urst 'as $urst on on the the 'a#. 'a#. hahid hahid spent spent s.4((( s.4((( to to replace replace tire. tire. hahid has a riht has riht to to claim claim for for the the expenses expenses incurred incurred on on the the car.
*& <igt to compensation f ,ailee ,ailee suffers suffers loss loss due due to to the the defective defective title title of oods oods to to ,ailor/ ,ailor/ 6he 6he $ailee has $ailee has riht riht to to claim claim for for the the compensation.
E(ample 0li ives 0li ives his his neih$orHs neih$orHs scooter scooter to to ,ilal ,ilal for for use use 'ithout 'ithout neih$orHs neih$orHs permission. 6he permission. 6he Ceih$or Ceih$or files files a suit suit on on ,ilal ,ilal and and received received compensation. ,ilal compensation. ,ilal has has riht riht to to receive receive compensation compensation from from ,ailor.
+& <igt to stop eli%ery f the the person person other other than than ,ailor ,ailor claim claim $ailed $ailed oods oods from from ,ailee/ ,ailee/ the the ,ailee ma# ,ailee ma# appl# appl# to to the the court court to to stop stop deliver# deliver# of oods oods to to ,ailor ,ailor and to to decide decide the the title title of oods.
E(ample -ae 44
heraF $ailed heraF $ailed oods oods to to araF. araF. ;ammad ;ammad claimed claimed that that he he is is the the o'ner o'ner of oods oods and and demand demand oods oods form form araF. araF. araF araF can can stop stop the the deliver# deliver# of oods oods to to heraF heraF and and re*uest re*uest the the court court to to decide decide the the o'nership o'nership of oods.
,& <igt to sue f an an unauthoriFed unauthoriFed person person forcefull# forcefull# uses uses or or take take the the procession procession of $ailed oods/ $ailed oods/ the the $ailee $ailee has has riht riht to to sue sue that that unauthoriFed unauthoriFed person. person. ,ailor can ,ailor can also also file file a suit suit for for those those oods.
E(ample 0li ives 0li ives a piece piece of cloth cloth to to 6a#lor 6a#lor to to make make a coat. coat. heraF heraF an an unauthoriFed person unauthoriFed person forcefull# forcefull# take take the the coat coat form form 6a#lor 6a#lor and and start usin it. usin it. 0li 0li or or 6a#lor 6a#lor can can file file a suit suit aainst aainst heraF.
8& <igt of lien ien means ien means the the riht riht to to retain retain the the oods oods until until he he is is not not paid paid for for the the services rendered. services 0 $ailee $ailee has has a riht riht to to retain retain the the $ailed $ailed oods oods until until he he is is not not paid for the for the services services rendered.
E(ample 0li ives 0li ives his his 'atch 'atch to to alman alman for for repairin. repairin. alman alman can can retain retain the the 'atch till 'atch till he he is is not not paid paid for for his his services
"uties of bailee ollo'in are ollo'in are the the duties duties of $ailee
1& "uty to ta0e reasonable care t t is is the the dut# dut# of $ailee $ailee to to take take reasona$le reasona$le care care of oods oods $ailed. $ailed. f he he does not does not take take care care of oods oods and and the the oods oods are are damaed damaed due due to to his his nelience he nelience he is is responsi$le responsi$le for for the the damaes.
E(ample hakeel $ailed hakeel $ailed his his car car to to naFir. naFir. CaFir CaFir did did not not lock lock up up the the car. car. 6he 6he car car is stolen. CaFir stolen. CaFir is is lia$le lia$le for for the the damaes
)& "uty not to ma0e unautoriGe use
-ae 45
6he $ailee 6he $ailee must must use use the the oods oods accordin accordin to to the the terms terms and and conditions. f he conditions. he makes makes an an unauthoriFed unauthoriFed use use of oods/ oods/ he he is is lia$le lia$le for the for the damaes damaes to to the the oods.
E(ample 0li ives 0li ives his his car car on on hire hire to to Iunaid Iunaid for for personal personal use. use. Iunaid Iunaid allo's allo's araF to to drive drive $ut $ut he he ot ot accident accident and and ot ot in=ured. in=ured. Iunaid Iunaid is is lia$le lia$le to to compensate 0li. compensate
*& "uty not to mi( te goos f the the ,ailee ,ailee 'ithout 'ithout the the permission permission of ,ailor ,ailor mixes mixes the the oods oods of ,ailor 'ith ,ailor 'ith his his o'n o'n oods oods in in such such a 'a# 'a# that that it it $ecomes $ecomes impossi$le to to separate separate them/ them/ it it is is the the dut# dut# of $ailee $ailee to to compensate compensate ,ailor ,ailor for the loss the loss of oods.
+& "uty to return goos t t is is the the dut# dut# of $ailee $ailee to to return return the the oods oods to to $ailer $ailer as as soon soon as as the purpose of $ailment purpose $ailment is is accomplished. accomplished. f he he fails fails to to return return oods oods at specified time specified time he he is is responsi$le responsi$le to to compensate compensate $ailer $ailer for for the the loss.
E(ample 0li $ailed 0li $ailed his his horse horse to to ,ilal ,ilal to to feed feed for for t'o t'o months months $ut $ut ,ilal ,ilal does does not return the return the horse horse after after t'o t'o months. months. 6he 6he horse horse dies dies after after the the period of $ailment $ailment 'ithout 'ithout an# an# fault fault of ,ilalHs ,ilalHs part. part. ,ilal ,ilal is is lia$le lia$le for for the loss.
,& "uty to return increase t t is is the the dut# dut# of $ailee $ailee to to return return an# an# increase increase or or proNt proNt accrued accrued from from the the oods $ailed. oods
E(ample 0sad $ailed 0sad $ailed a co' co' to to khurram. khurram. :o' :o' ave ave $irth $irth to to a calf. calf. t t is is the the dut# of hurram dut# hurram to to return return co' co' alon alon 'ith 'ith calf.
-ae 4!
Q#18 /FAT IS PLE"E !< PA/9 /FAT A<E TFE ESSE9TIAL -EAT3<ES !- PLE"E Ple Ple ge 6he $ailment of of oods oods a as s secu ecurrit# f or the pa#ment of of de$t de$t or or perf pe rf ormance of of pr promi omis se is is called plede. 4r 4r ,ailment ,ailment is is the tr tran ansf sf er o of f poss po sse ess ssion ion of of movea$le movea$le pr prope operrt# $# one pers person on to another another pe pers rson on to et loan. E(amp E(a mple le 0li $orr $orro o's 's 5(( 5(( s s. 5r 5rom om saad and keeps keeps hi his s 'atch as as secu ecurrit# f or the pa#ment of of loan. loan. 6he $ailment of of 'atch is is called plede. Partties Par ies of ple lege i. -lee leerr7 pa' pa 'ne nerr ii. -leee 77-a'nee Ple Ple ger ger $ pawn wnor or 6he pers person on deliver deliverin his his ood oods s a as s secu ecurrit# is is called pa' pa'ne nerr Plegee $ Pa Plegee Pawn wnee ee 6he pers person on to 'hom the poss posse ess ssion ion of of oods oods i is s iven is is called -a'nee. -eatu -ea ture res s of ple le ge 1& 1& =o%ea =o%eab ble le pro rop per ertty 0 plede is is onl# valid 'hen movea$le pr prope operrt# is is pleded. 3t includes includes an# kind of of oods oods/ documents documents/ valua$les valua$les. )& )& Tra Transf nsf er er of poss sse ess ssio ion n 3n plede onl# the poss posse ess ssion ion of of oods oods is is tr tran ansf sf err rred ed $# the pa' pa'no norr to -a'nee *& *& 9ot Tra ransf nsf er er of own wner ers# s#iip 3n contr contract of of plede/ plede/ o' o'ne ners rship hip is is not tr tran ansf sf err rred ed fr from om pa' pa'no norr to -a'nee +& +& =ere =ere cust usto oy of goo goos s 6he pers person on havin onl# the cus custod# of of oods oods cannot plede them. 5or example a servant havin the contr control of of pr principal incipalHs Hs ood oods s cannot make a valid plede of of them. them.
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Q#1:EBPLAI9 TFE <IFTS A9" "3TIES !- PLE"E< <ig <i gts ts of Pleger 1& 1& <ig#t ig#t to reco%er reco%er amage ages s -lede lederr can claim f or the damaes damaes that ar arise due to pledeeHs pledeeHs nelience. ;e can als also claim damaes damaes ar arisin due to unauthor unauthoriFed use of of oods oods. :& :& <ig#t ig#t to eman n re retu tur rn of goos 6he -lede lederr ha has s riht to et $ack the oods oods -leded af af ter ter as soon as as the pa#ment of of de$t de$t is is made. 3f -ledee f ails ails to retu eturrn/ the -lede lederr can claim f or the compens compensation ;& ;& <ig#t ig#t to clai claim m increa creas se 6he -lede lederr can claim an# incr increa eas se or or p prrof iit/ t/ 'hich ma# accr accrued fr from om the -leded oods oods. >& >& <ig#t ig#t to ter erm minate Ple Ple ge 6he -lede lederr ha has s a riht to ter terminate the -lede if if -ledee does does an# act 'hich is is aain aains st the ter terms and conditions conditions o of f -lede. 1?& <ig#t 1?& ig#t to su sue e -lede lederr can sue -ledee if if he he f ails ails to retu eturrn oods oods o orr $ $rreache eaches s cont contrract. 11& Comp 11& mpe ens nsa ation ion 3f the -led led ee 'ithout the per permi miss ssio ion n of -lede lederr mixes mixes the oods oods of -lede lederr 'ith his his o'n oods oods in such a 'a# that it $ecomes $ecomes imposs impossi$le i$le to sepa eparrate them/ the -lede lederr ha has s a riht to claim f or the compen compens sation f or the loss loss o of f oods oods.
"uties of Pleger 5ollo ollo' 'in ar are the duties duties of of -lede lederr :& :& "uty "uty to isclo clos se f aults 3t iis s the dut# of of -lede lederr to dis disclo clos se all the f aults aults in -leded oods oods 'hich are kno' kno'n to him. 3f he he does does not dis disclo clos se them he 'ill $e lia$le f or the damaes damae s a arrisin due to such f aults aults. ;& ;& "uty "uty to re rep pay ay e( e(p pens nse e When the oods oods are to $e kept or or ca carr rried ied $# the -ledee. 3t iis s the dut# of of -lede lederr to $ear $ear all the expens expense incurr incurred ed on the -leded oods oods. >& >& "uty "uty to re rep pay ay e( e(ttra ra or or inary ary e( e(p pens nse es
-ae 4%
3f the the extr extra or ordina dinarr# expens expenses a arre incurr incurred ed $# the -ledee on the -leded oods ood s then it is is the dut# of of -lede lederr to repa# thos those expens expenses. 1?& "uty 1?& "uty to in ne emn mniif y f or or t# t#e e ef ect ecti%e i%e title Wherre the title of Whe of oods oods to -lede lederr is is de def f ective ective and -ledee suff ers rs lo loss ss due is the dut# of of -lede lederr to indemnif indemnif # the -ledee f or such loss loss..to such title/ it is 11& "uty 11& "uty to recei%e recei%e bac ac0 0 goo goos s 3t iis s the dut# of of -lede lederr to receive $ack $ack ood oods s 'hen the -ledee retu eturrns them af af ter ter the accomplis accomplishment of of pur purpo pos se
-ae 4&
Q#1; EBPLAI9 TFE <IFTS A9" "3TIES !- PLE"EE <igts of Plegee 1& 1& <ig#t ig#t to re rettain ain 6he -leee has has riht to retain the oods oods until his his due dues s ar are paid. ;e can retain them f or pa#ment of of de$t de$t or or pe perf rf ormance of of pr promi omis se and all necess nece ssa ar# expens expenses incu incurr rred ed $# him f or the saf et# et# of of oods oods E(amp E(a mple le 1hahid $orr $orro o'ed s s. 2 lac from from 3rf an an and pledes pledes hi his s diamond rin. 3f shahid does does not retu eturrn the loan shahid can retain the rin )& )& <ig#t ig#t to re rettain ain f or or t# t#e e ot# t#er er ebt 3f the the -lede lederr aain takes takes loan af af ter ter the f irs rstt loan/ -leee can retain the oods ood s ove overr the second loan. E(amp E(a mple le 0li $orr $orro o'ed s s 4((/((( from from 1he herraF and pledes pledes hi his s ca carr. 0f ter ter 3months 3month s 0li $orr $orro o'ed another another sum of of s s. 3((/((( and pa#s pa#s the f irs rstt de$t. 1he herraF can retain the car car aain aains st his his second loan. *& *& <ig#t ig#t to e( e(ttraor raor inary ary e( e(p pens nse es 6he -ledee has has riht to recove ecoverr all thos those e expens expense that ar are incurr incurred ed on the saf et# et# of of oods oods. ,ut -ledee cannot retain oods oods i if f such expens expenses ar are not paid/ he can onl# sue -lede lederr f or the recove ecoverr# of of extr extra or ordina dinarr# expens expenses. E(amp E(a mple le 0li pledes pledes hi his s ho hors rse e to ,ilal. ;orse rse f alls alls sick and ,ilal spent 4(( s s f or the tr treatment of of hors horse. e. ,ilal can sue 0li f or the recove ecoverr# of of expens expenses. +& +& <ig#t ig#t to sell 3f the the -lede lederr ref uses to make pa#men pa#ment or or de$t or or pe perf rf ormance of of promi omis se/ the -leee has has riht to sell oods oods af af ter ter ivin the notice of of intention of of sale to -lede lederr. 5ollo ollo' 'in points points mu mus st $e cons conside iderred. i. easona$le notice is is nece necess ssa ar#. ii. -ledee cannot sale oods oods to hims himsel elf f
iii. 3f the the amount recove ecoverred from from sale is is le less ss than than the amount of of
de$t/ he can recove ecoverr the $alance amount fr from om -lede lederr. -ae 5(
E(amp E(a mple le 0li pledes pledes hi his s ca carr to shahid to o$tain a loan of of s s 5((/(((. ,ut on the due date 0li f ails ails to pa# the amo amount of of loan. loan. 1hahid can sale car car af af ter ter ivin a notice of of sale.
"uties of Plegee 5ollo ollo' 'in ar are the duties duties of of -ledee 8& 8& "uty "uty to ta0 e rea reas sonable le care 3t iis s the dut# of of -ledee to take rea eas sona$le car care of of oods oods pleded. 3f he he does does not take car care of of oods oods and the oods oods a arre damaed due to his his nelience he is respon pons si$le f or the damaes damaes. E(ample ple 1hakeel pleded his his ca carr to naFir naFir. CaFi aFirr did not lock up the car car. 6he car car i is s stolen. CaFi aFirr i is s lia$le f or the damaes damaes :& :& "uty "uty not to ma0 e un una aut# ut#oriGe oriGe us use e 6he -ledee mus must us use the oods oods acco accorrdin to the ter terms and conditions conditions. 3f he he makes makes an unauthor unauthoriFed us use of of oods oods/ he is is lia$le f or the damaes damaes to the oods oods. E(ample ple 0li pleded his his ca carr to Iunaid. Iunaid. Iunaid Iunaid sta tarrt usin it as as ca carr rrie ierr. 0li can sue Iunaid Iunaid f or unautho unauthorriFed us use ;& ;& "uty "uty not to mi( i( t# t#e e goo goos s 3f the -ledee 'ithout the per permi miss ssion ion of of -lede lederr mixes mixes the oods oods of -lede lederr 'ith his his o'n o ood ods s in such a 'a# that it $ecomes $ecomes imposs impossi$le i$le to sepa eparrate them/ it is is the dut# of of -ledee to compens compensate -lede lederr f or the loss loss of oods oods. >& >& "uty "uty to re retu tur rn goo goos s 3t is the dut# of of -ledee to retu eturrn the oods oods to -lede lederr as soon as as the purrpo pu pos se of plede is is accompli accomplis shed. 3f he f ails ails to retu eturrn oods oods at speci pecif f ied ied time he is is respon pons si$le to compens compensate -lede lederr f or the loss loss.. E(ample ple 0li pleded pleded his his ho hors rse e to ,ilal f or t'o 'o months months $ut ,ilal does does not retu eturrn the hors ho rse e af ter ter t'o months months. 6he hors horse e dies dies af ter ter the per period of $ailment $ailment 'ithout an# f ault ault of of ,ilalHs ,ilalHs pa parrt. ,ilal is is lia$le f or the loss loss..
Q#1> wat is te ifference between sale an agreement to sell 4asis
Sale 6he pr prope operrt# of of oods oods
1& 1& Tra ransf nsf er er of pro rop per ertty )& )& Tra ransf nsf er er of own wner ers# s# *& *& Type of goos goo s
pass pa sse es from from the selle ellerr to th the $u#er immediatel#. $u#er 4'ne 4' ners rship hip of of the the oods oods i is s tran ansf sf erred rred immediatel# af ter ter the sale 0 sale can on onl# $e in cas case of exis existin and speci pecif f ic ic oods ood s onl#.
Agreement to sell 6he tr tran ansf sf er o of f pr prope operrt# of the the oods oods i is s to take place at a f utur uture time. 4'ne 4' ners rship hip of of oods oods does doe s no chane until the pr prope operrt# is is 0n ar areement to sell is is mos mo stl# in cas case of of f utur uture and continent oods oods.
if the the +& +& <is0 of lo loss ss 3n sale the if oods ood s a arre des destro#ed/ the entir entire loss loss i is s ellerr cannot ,& ,& <ig ig#t #t to re re H 3n a sale the selle sell re M sell the oods oods 8& 8& 9atu ture re of rig#ts rig #ts
:& :& 4reac 4reac# #
;& ;& Ins Insol%e ol%en nc
3n an ar areement to sale the 'hole loss loss i is s su ered $# the selle ellerr 3t iis s me merrel# a contr contract the $u#err can sue the selle $u#e ellerr f or damaes damae s in cas case of of re M sale 6he $u#er $u#er $ecome $ecomes s the 6he $u#e $u#err doe does s not o'ne nerr of of oods oods. 3f the the selle ellerr $ecome $ecomes s the o' o'ne nerr o of f oods oods ref uses to deliver deliver the oods oods and he can onl# sue f or the the $u#er $u#er can sue f or the damaes damae s 3f the the $u#er $u#er f ails ails to pa# the 3n an ar areement to sale/ if if price the selle ellerr can sue f or $u#err f ails $u#e ails to pa# the selle ellerr the recove ecoverr# of of pr price can sue f or the damaes damaes not f or the recove ecoverr# of of pr price
1?& 9atu 1?& ture re of
3f the sthe selle ellerthe r $ecome $ecomes ins in olvent/ $u#ers can $u#er recove ecoverr the oods oods from from o icial icial receive eceivers rs o of f selle ellerr $ecaus $ecau se $u#er $u#er is is the o' o'ne nerr 3f the the $u#er $u#er $ecome $ecomes s ins insolvent and the pr price of of oods ood s is is paid than his his leal rep eprresentative can demand the oods oods from from the selle ellerr. 3f price of of oods oods is is not paid/ 0 sale is is an executed
if $u#er $u#e r ha has sthe paid the price of of ood oods s and selle eller r pr $ecomes $ecome s in ins solvent/ he can recove ecoverr the pr price of of oods oods $ut he cannot recove ecoverr the 3f the the selle ellerr $ecome $ecomes s in ins solve olven nt $ef $ef ore the pa#ment of of oods oods than the selle ellerr can ref use to sale oods ood s until the pr price is is paid $# the leal 0n ar areement to sale
goos goo s
contrract cont
is an executor executor#
y of seller
>& >& Insol%en Insol%e nc y of bu buyer yer
-ae 52
Q#)? /at are te rigts of an unpai seller 3npai seller 0n unpaid selle ellerr is is a pers person/ on/ 'ho has has sold the oods oods f or a pr price/ $ut the price has has not $een paid to him or or the ins instrument 'hich 'as iven to him has has di dis shono honorred.
<igts of unpai seller 0n unpaid selle ellerr ha has s the f ollo' ollo'in riht ihts s 0. iht aain aains st oods ood s ,. iht aains aain st $u#er $u#er
A& <igt against goos 1& 1& <ig#t ig#t of lie lien n 0n unpaid selle ellerr ha has s the riht to stop the deliver deliver# of oods oods and to keep the oods oods in his proce ocess ssion ion until the pr price is is paid. 3f he has has deliverred a par delive part of of oods oods/ he can stop the deliver deliver# of of remainin oods oods. 1elle ellerr can exer exercis cise the riht of of lien lien in the f ollo' ollo'in cas casesJ i. When the oods a arre sold on cas cash ii. When the oods a arre sold on cr credit and per period of of cr credit has ha s $een expir expired iii. iii. Wh When en tthe he $u $u#e #err $ecome $ecomes s in ins solvent <ule <u les s regar regar ing lie lien n 5ollo ollo' 'in ar are the rule ules s rea earrdin the lien of of oods oods. i. When the oods a arre in the pr proce ocess ssion ion of of selle ellerr ii. 6he selle ellerr can us use the riht onl# f or the pr price/ not f or the other other cha charre es s iii. 3f the the selle ellerr ha has s delive deliverred a par part of of oods oods/ he can retain the reminde eminderr Example a. 0 sell ells s hi his s ca carr to $ f or s s. 1((/((( to $e paid in cas cash. , f ails ails to make mak e the pa#ment. 0 can retain the pr proce ocess ssion. ion. $. 0 sold a machine to , f or s. 2(((/ it 'as not 'orkin pr prope operrl# so , deliver delivered it $ack to 0 f or repai epairs rs// it 'as held that 0 could not stop the deliver deliver#.
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)& )& <ig#t ig#t of st sto opp ppage age of goo goos s in tra rans nsiit When the $u#e u#err f unds unds that the $u#er $u#er $ecame ins insolvent then he has has the riht of of stoppin the oods oods in tr tran ans sit. 6he selle ellerr can us use this this riht in the f ollo' ollo'in cas cases a. When the ood oods s a arre still in tr tran ans sit $. When the prope operrt# has has not pass passed ed to the $u#er $u#er c. When the $u#e $u#err $ecomes $ecome s in ins solvent d. When the selle ellerr ha has s riht of of toppin toppin of of oods oods in tr tran ans sit *& *& <ig#t ig#t of re res sale 0 selle ellerr ha has s the riht to resale the oods oods i if f the the $u#er $u#er doe does s not pa# the price of of oods oods. 1elle ellerr can us use this this riht in f ollo' ollo'in cas cases a. When the ood oods s are of pe perrish sha$le a$le natur nature and the $u#er $u#er f ails ails to pa# the rice 'ithin rea eas sona$le time $. When the selle ellerr ha has s iven the notice of of his his intention to resale c. When he riht to resale is is exp exprress ssed ed in contr contract $et' $et'een the par partie ties s.
4& <igt against buyer 1& 1& Price 3f the the selle ellerr ha has s delive deliverred oods oods and $u#er $u#er f ails ails to pa# the pr price of of oods oods. 6he selle ellerr ha has s riht to sue f or the pr price of of oods oods. Example 0 1old oods oods to ,/ , f ails ails to pa# the pr price. 0 can sue , f or the recove ecoverr# of of pr price )& )& "amage ages s f or or non acce accept pta ance When the selle ellerr ha has s delive deliverred the oods oods and the $u#er $u#er ref uses to accept them. 6he selle ellerr has riht to sue f or the recove ecoverr# of of damaes damaes. Example 0 sold and deliver delivered oods oods to ,/ $ut , ref uses to accept the oods oods and pa# the pr price. 6h 6he selle ellerr ha has s riht to sue f or the recove ecoverr# of of damaes damaes *& *& Sp Special ecial amage ages s an n int ntere erest st 3f the the $u#er $u#er f ails ails to make the pa#ment at ar areed time $ut he 'ill pa# late. 6he selle ellerr ha has s riht to sue f or the recove ecoverr# of of inter interest at rea eas sona$le rate. Example 0 1old oods oods to ,/ , f ails ails to make pa#ment and pr promi omis sed to pa# later later. 0 has ha s riht to sue f or the recove ecoverr# of of inter interest -ae 54
Q#)1 /#at are t# t#e e rig rig#ts #ts of bu buyer yer in a co cont ntrac ractt of sale 4uyers rigt 6he $u#e ollo'in riht ihts s aain aains st the selle ellerr/ iif f the the selle ellerr $ $rreache eaches s the contrr$u#er cont act. r has the f ollo' 1& 1& "amage ages s f or or non eli%ery 6he $u#er $u#er has riht to sue the selle ellerr f or damae damaes s in cas case the selle ellerr ref uses to deliver deliver the oods oods. E(amp E(a mple le 0 sale ales s ice to , $ut does does not deliver deliver them to the $u#er $u#er at ar areed time/ the $u#er $u#er ha has s riht to sue f or the damaes damaes. )& )& "amage ages s f or or t# t#e e breac reac# # of warra arrant nty y When the selle ellerr $ $rreache eaches s the contr contract of of 'arr rrant#/ ant#/ the $u#er $u#er can sue f or the damaes damaes i if f he he has has paid the pr price. ,ut if if he he has has not #et paid the pr price/ then he can claim f or the reduction in price. E(amp E(a mple le 0 p prromi omis ses to sell and deliver deliver the ta$les ta$les to , on 15 Covem$e ovem$err/ $ut he deliverred the oods delive oods on 25 Covem ovem$ $er/ the $u#er $u#er can recove ecoverr damae damaes s fr from om selle ellerr. *& *& 4re 4rea ac# of co con niitio ion n When the selle ellerr $ $rreache eaches s the condition of of contr contract/ the $u#er $u#er can ter terminate contr contract and claim damaes damaes. E(amp E(a mple le 0 p prromi omis ses to sell Cokia phone to ,/ $ut he deliver delivered Bo$ile. 6he $u#err can avoid contr $u#e contract. +& +& <ec eco o%ery %ery of price rice wit# t# int ntere erest st 3f the the $u#er $u#er ha has s paid the pr price $ut selle ellerr f ails ails to deliver deliver the oods oods/ the $u#err ha $u#e has s riht to recove ecoverr the pr price 'ith inter interest at rea eas sona$le rate. E(amp E(a mple le 0 p prromi omis sed to $u# 'heat from from , and make the pa#ment in advance/ $ut , f ails ails to deliver deliver the 'heatJ the $u#e u#err can claim pr price plus plus inte interrest.
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Q#)) w# w#a at are t# t#e e rule les s regar regar ing t# t#e e eli%ery of goo goos1 s1 !r w# w#a at are t# t#e e 0 ins of eli%ery "eli%ery Delive eliverr# means means volunta voluntarr# tr tran ansf sf er of of pr proce ocess ssion ion of of oods oods $# one pers person on to anotherr pe anothe pers rson. on.
=oes $ 0ins of eli%ery 5ollo ollo' 'in ins s a arre the kinds kinds of of deliver deliver# 1& 1& Actu tual al eli%ery When the pr proce ocess ssion ion of of oods oods is is t trran ansf sf err rred ed fr from om $u#er $u#er to selle ellerr/ it is is called actual deliver deliver#. Example 0 sold his his ca carr to ,. 0 handed over over the car car to ,/ it is is actual deliver deliver#. )& )& Symb mbolic olic eli%ery When the o ood ods s a arre sold in $ulk and the actual deliver deliver# is is not poss possi$le/ i$le/ in such a cas case the contr control over over ood oods s is is t trran ansf sf err rred ed to the $u#er $u#er/ it is is called s#m$olic deliver deliver#. Example 0 sold oods oods in $ulk to , 'hich ar are locked in odo' odo'n. 0 handed over over the ke# of of )odo odo' 'n to ,/ it called s#m$olic deliver deliver#. *& *& Const nstr ructi%e i%e eli%ery When pr proce ocess ssion ion of of oods oods chaned 'ithout an# chane in the actual cus cu stod# of of the the oods oods/ it is is called cons constructive deliver deliver# Example 0 1old rice to , l#in in :Hs :Hs odo odo' 'n. 0 or orde ders rs : : to tr tran ansf sf er rice to ,. : tran ansf sf ers rs the the rice in his his $ook $ooks s to ,. <ule <u les s of t# t#e e eli%ery eli%ery of goo goos s 1& 1& "uty "uty of seller eller an n bu buyer yer 3t iis s the dut# of of the the selle ellerr to sell the oods oods and $u#er $u#er to accept oods oods and pa# the pr price. Example
0 sold oods oods to , f or 1 1 3((. 3t is is the dut# of of 0 to deliver deliver the oods oods and , is respon pons si$le to pa# s s 4(( to 0.
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)& )& Place Place of eli%ery 6he oods oods mu mus st $e deliver delivered at a place 'hich is is stated in contr contract. *& *& Tim Time of eli%ery 3t iis s the dut# of of selle ellerr to deliver deliver the oods oods 'ithin the f ixed ixed time. 3f time time is not f ixed/ ixed/ than deliver deliver# should $e made 'ithin rea eas sona$le time. +& +& E( E(p pens nse es of eli%ery Expenses of Expens of deliver deliver# of of oods oods mu mus st $e $ear $ear $# the selle ellerr o orr acco accorrdin to the arreement. a ,& ,& Inst Install allm ment nt eli%ery 6he $u#er $u#er i is s not $ound to take the deliver deliver# of of oods oods in ins installment unless unless it it 'as a arreed 8& 8& /ro /ron ng eli%ery When the o ood ods s delive deliverred to the $u#er $u#er a arre not in accor accordance 'ith oods oods speci pecif f ied ied in contr contract/ the $u#er $u#er can re=ect the oods oods. :& :& "eli%ery eli%ery to carrier 3f the the oods oods a arre deliver delivered to carr carrie ierr f or t trran ansf sf er to $u#er $u#er/ it is is deemed the deliver deliver# to the $u#er $u#er. ;& ;& Proce Process ssio ion n of goo goos s by t# t#ir ir per ers son 3f at at the time of of sale the oods oods a arre in pr proce ocess ssion ion of of thir third pers person. on. 6her 6here is is no contr contract until th that thir third pers person on ackno' ackno'lede ledes s the $u#er $u#er that he holds holds the oods oods on his his $ehal $ehalf f . >& >& "eman n of eli%ery ,u#er should demand f or the deliver ,u#er deliver# of of oods oods/ other' other'iise he cannot $lame selle ellerr f or the deliver deliver# of of ood oods s. 1?& Eff ects 1?& ects of par artt eli%ery When a par part of of oods oods is is t trran ansf sf erred rred to $u#er $u#er 'ith the intention to deliverr the rest of delive of oods oods al als so/ the o' o'ne ners rship hip in the 'hole of of the the oods oods is deemed to pass pass to to the $u#er $u#er. 11& =o 11& =o e of eli%ery 6he deliver# deliver# o of f oods oods can $e made $# an# of of the the 'a# a#s s on 'hich the par partie ties s arree. a 1)& Lia 1)& Liab bilit ility in ca cas se of re refus fusiing to ta0 e eli%ery eli%ery of goo goos s 3f selle ellerr delive delivers rs the the oods oods to $u#er $u#er and $u#er $u#er ref uses to take the deliverr# of delive of oods oods 'ithout an# rea eas son. 6he $u#er $u#er i is s lia$le f or the damaes damae s. 1*& E(a 1*& E(am mining t# t#e e goo goos s
When the o ood ods s a arre deliver delivered to the $u#er $u#er/ the $u#er $u#er should $e iven a rea eas sona$le time f or the examination of of oods oods.
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Q#)* w# w#a at are t# t#e e rig rig#ts #ts ut utie ies s an liab lia bili ilittie ies s of a co comm mmo on carrier "efinition 0 common carr carrie ierr is an ass ssociation ociation or or pe pers rson on 8othe otherr than the overrnment ove nment99 'ho ar aree ees s to carr carr# # oods oods on hir hire to tr tran ansf sf er the oods oods fr from om one place to another another place.
<igts of common carrier 1& 1& <emun munera erattion ion 0 common carr carrie ierr has has riht to receive remune emunerration f or the 'ork perf pe rf ormed. 3f the remune emunerration have not $een ar areed than he has has riht to receive rea eas sona$le remune emunerration )& )& <ig ig#t #t of lie lien n 0 common carr carrie ierr ha has s riht to retain the oods oods until the char chare es s o of f hir hire ar are paid. *& *& <ig ig#t #t to reco%er reco%er e( e(p pens nse e 3f the carr carrie ierr ha has s incurr incurred ed some expen expens ses f or the saf et# et# of of oods oods/ 6he carr ca rrie ierr ha has s riht to recove ecoverr such expens expenses +& +& <ig ig#t #t to reco%er reco%er amage ages s 0 common carr carrie ierr ha has s riht to recove ecoverr damaes damaes arisin due to cons con sino inorHs rHs nelience. 5or example if if the oods oods are not pr prope operrl# packed and the carr carrie ierr su er in=ur in=ur# from from them/ the carr carrie ierr can recove ecoverr damaes damae s ,& ,& <ig ig#t #t to sell ell goo goos s 6he carr carrie ierr ha has s riht to sell oods oods if if the the cons consinee ref uses to receive the oods ood s and the oo oods a arre of of per perisha$le natur nature. 8& 8& <ig ig#t #t of re refus fusal al 6he common carr carrie ierr ha has s riht to ref use to carr carr# # the oods oods unde underr the f ollo' ollo'in ci cirrcum cums stance tances s i. When the oods a arre not prope operrl# packed iiii. When tth he carr ca rriae iae is is f ull ull iii. When the oods a arre of of such natur nature 'hich he does doe s not carr carr# # iv. When the con cons sino inorr i is s not paid rea eas sona$le char chare es s :& :& <ig ig#t #t to gi%e gi%e co con nce cess ssio ion n 0 commo common n ca carr rrie ierr ha has s riht to ive concess concession ion to an# pers person on ho' ho'eve everr he cannot char chare an unr unrea eas sona ona$ $le char chare es s fr from om an# cus custome tomerr
;& ;& <ig ig#t #t to li lim mit #is lia liab bilit ility
0 common carr carrie ierr ha has s riht to limit his his lia$ilit# $# enter enterin into a special arreement 'ith th a the cons consino inorr.
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>& >& <ig ig#t #t of reco%ery reco%ery of goo goos s 0 common has has riht to recove ecoverr the pr price or or ood oods s fr from om the pers person on 'ho has ha s 'r 'ron onf f ull# ull# take the delive deliverr# of of oods oods
"uties of a common carrier 1& 1& Carry arry goo goos s 3t iis s the dut# of of common common carr carrie ierr to carr carr# # the oods oods o of f all all pers person ons s accorrdin to his acco his p prrof ess ssiion. 3f the the cons consino norr i is s pa#in rea eas sona$le amount/ he cannot ref use to carr carr# # oods oods. )& )& Tra Transp nspor orttatio ion n of goo goos s 3t iis s the dut# of of carr carrie ierr to tr tran ans spo porrt oo oods on hir hire fr from om one place to another another place. *& *& "eli%ery eli%ery of goo goos s 3t iis s the dut# of of common common carr carrie ierr to deliver deliver ood oods s in time. 3f time time of of deliverr# is delive is not mentioned in the contr contract the carr carrie ierr i is s $ound to deliver deliver the oods ood s 'ithin the rea eas sona$le time. +& +& "eli%ery eli%ery to t# t#e e rig rig#t #t per ers son 3t is the dut# of of ca carr rrie ierr to deliver deliver the oods oods to the riht pers person/ on/ if if he 'ron 'r onf f ull# ull# delivers delivers oods oods to the other other pe pers rson on then it is is the dut# of of common carr carrie ierr to et $ack the oods oods and deliver deliver th them em tto o th the e riht pers pe rson. on. ,& ,& Saf ety of goo goos s 3t iis s the dut# of of common common carr carrie ierr to deliver deliver the oods oods saf el#/ el#/ common carr ca rrie ierr i is s respon pons si$le f or the loss loss to to th the oods oods ar arisin due to him. 8& 8& !bey ey inst nstr ruction ion 3t iis s the dut# of of common common carr carrie ierr to o$e# the ins instruction uctions s o of f cons consino inorr rea earrdin the deliver deliver#/ 'hen the oods oods a arre in tr tran ans sit. :& :& "eli%ery eli%ery at rig rig#t #t place 3t iis s the dut# of of common common carr carrie ierr to deliver deliver the oods oods to the pers person on speci pecif f ied ied $# the cons consino inorr.
Liabilities of common carrier 1& 1& Lia Liab bilit ility f or or elay 0 common carr carrie ierr is is lia$le f or the damaes damaes ar arisin due to the dela# in deliver deliver# of oods oods )& )& 4reac 4reac# # of ut uty y 0 ca carr rrie ierr i is s al als so respon pons si$le f or the loss loss a arrisin due to the $r $reach of of an# an# dut#. *& *& Lia Liab bilit ility of loss loss
0 ca carr rrie ierr i is s al als so lia$le f or the loss loss cau caus sed to oods oods 'hile it is is in his his cu cus stod#
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Q#)+ /at is te i5erence between common carrier an pri%ate carrier 4asis 1& 1& Act
Common carrier 6he common carr carrie iers rs act/ act/ 1%!5
)& )& <eg egu ular busiiness bus
overns a commo over common carr carrie ierr 0 common carr carrie ierr ca carr rrie ies s the oods ood s
as re ular $u $us sine iness ss to to ear earn carrie ierr ca carr rrie ies s *& *& Per Pers sons 0 common carr
+& +&
Pri%ate carrier 0 p prrivate carr carrie ierr i is s ove overrned $# contrract act/ 1%"2. cont 0 p prrivate carr carrie ierr ca carr rrie ies s the oo o ods not as a re ular $u $us sine iness ss.. 0 p prrivate carr carrie ierr ca carr rrie ies s the
the oods oods of of all all the pers person ons s.
oo o ods o of f a a par particula ticularr pe pers rson on
0 common carr carrie ierr cannot
0 p prrivate carr carrie ierr can re=ect
<e .ec .ecttio ion n re=ect the o o er of of oods oods f or common carr carrie ierr ref uses ,& ,& "amage ages s 3f common
the off off er 'ithout an# rea eas son 0 p prrivate carr carrie ierr cannot $e
to carr carr# # the oods oods 'itho ithou ut
sued f or the damaes damaes on his his
an# suff icient icient rea eas son/ he
ref usal to carr carr# # oods oods
can $e sued and made lia$le f or d da ama es 0 common carr carrie ierr ca carr rrie ies s the oods ood s
0 p prrivate carr carrie ierr ma# carr carr# # the oods ood s
:& :& Ter erms ms
f or hi hirre 8rent 8rent99 :ommon carr carrie ierr ha has s f ixed ixed
f or hi hirre or or fr free ee 0 p prrivate carr carrie ierr dete deterrmine mines s the
;& ;& Eff ects ects
te terrm of of carr ca rriia e of ood oods s 0 common carr carrie ierr is is eff eff ected ected
ter terms of carr carriia e of ood oods s. 0 p prrivate carr carrie ierr i is s not aff aff ected. ected.
8& 8& Fire
on
$# the chane in rule ules s and
busiines bus
reulation of of over overnment
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Q#), w# w#a at are ut utie ies s an lia liab bili ilittie ies s of a rail railw way as a carrier /#at are t# t#e e ut utie ies s an lia liab bili ilittie ies s of a railw rail way as a bailee of goo goos s Liabilities of railway 1& 1& Lia Liab bilit ility u ue e to elay ail'a# is ail' is lia$le f or the loss loss o of f oods oods a arrisin due to the dela# in deliver deliver#. 5or example if if the the oods oods 'ere of of per perisha$le natur nature and $ecome us usele eless ss due to the dela# in deliver deliver#/ rail ail' 'a# is is lia$le f or such loss loss )& )& Lia Liab bilit ility u uri rin ng tra rans nsiit When the o ood ods s a arre cons consined at rail ail' 'a# a#Hs Hs risk then it is is the lia$ilit# of of rail ail' 'a# to $ear $ear lo loss ss occu occurr rrin in dur durin tr tran ans sit When the o ood ods s a arre deliver delivered at o' o'ne nerHs rHs risk than the rail ail' 'a# is is not respon pons si$le f or such loss loss *& *& Lia Liab bilit ility f or or wro ron ng eli%ery 3f the the oods oods a arre deliver delivered to the 'r 'ron on pers person on the rail ail' 'a# is is respon pons si$le to et $ack the oods oods and deliver deliver them to the riht pers pe rson on +& +& Lia Liab bilit ility as carriage carriage of animals als 3n cas case of of animals animals the lia$ilit# of of rail ail' 'a# shall not exceeds exceedsK s. 5(((( per per elephant s. 1(((( per per ho hors rse e s. 15((( per per mule or or ho horrned cattle s. 1((( per per do/ donke#/ oat/ pin or or othe otherr animal. ,& ,& Carriage arriage of pass sse enger gers s luggage ail'a# is ail' is not respon pons si$le f or an# loss loss to to the luae of of pass passene enerr unle unless ss luae is is $ooked. 8& 8& Acci cci ent nt of pass sse enger When a pass passene enerr die dies s or or is is in=u in=urred due to the tr train accident. 6he rail ail' 'a# is is respon pons si$le to pa# s s. 1((/((( to the heirs heirs o of f deceas deceased pers pe rson on and s s 1(/((( to the in=ur in=ured pers person. on. :& :& Acci cci ent nt of per ers son ot# t#er er t# t#a an pass sse enger
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3f the the pers person on other other than pass passene enerr die dies s or or i is s in=u in=urred/ 6he rail ail' 'a# is is respon pons si$le to pa# s s. 1((/((( to the heirs heirs o of f deceas deceased pers person on and s s 1(/((( to the in=ur in=ured pers person. on. ;& ;& Lia Liab bilit ility f or or t# t#e e %al %alu uable le goo goos s 6he rail ail' 'a# a#s s i is s not respon pons si$le f or the loss loss o of f an# an# par parcel the value of of 'hich exceeds exceeds s s. 1(((( unless unless the the pers person on sendin the oods oods ha has s declarred the value of decla of oods oods >& >& oo oos s f als alsely ely escri crib b e 0 rail ail' 'a# is is not respon pons si$le f or the loss loss i if f the the oods oods have $een f als alsel# des descri$ed.
"uties of railway ;& ;& Carry arry goo goos s 3t iis s the dut# of of rail ail' 'a# carr carrie ierr to carr carr# # the oods oods on hir hire fr from om one place to anotherr place anothe >& >& "eli%ery eli%ery of goo goos s 3t iis s the dut# of of rail ail' 'a# carr carrie ierr to deliv deliver ood oods s in time. 3f time time of of deliver deliver# is not mentioned in the contr contract the carr carrie ierr i is s $ound to deliver deliver the oods oods 'ithin the rea eas sona$le time. 1?& "eli%ery 1?& eli%ery to t# t#e e rig rig#t #t per ers son 3t iis s the dut# of of carr carrie ierr to deliver deliver the oods oods to the riht pers person/ on/ if if he he 'ron 'r onf f ull# ull# delivers delivers ood oods s to the other other pe pers rson on then it is is the dut# of of common carr carrie ierr to et $ack the oods oods and deliver deliver them to the riht pers pe rson. on. 11& Saf ety of goo 11& goos s 3t iis s the dut# of of rail ail' 'a# carr carrie ierr to deliv deliver the oods oods saf el#/ el#/ rail ail' 'a# carr carrie ierr is respon pons si$le f or the loss loss to to th the oods oods a arrisin due to rail ail' 'a# a#Hs Hs nelience. 1)& !bey 1)& ey inst nstr ructio ion n 3t iis s the dut# of of common common carr carrie ierr to o$e# the ins instruction uctions s o of f cons consino inorr rea earrdin the deliver deliver#/ 'hen the oods oods a arre in tr tran ans sit. 1& 1& "eli%ery eli%ery at rig rig#t #t place 3t iis s the dut# of of common common carr carrie ierr to deliver deliver the oods oods to the pers person on speci pecif f ied ied $# the cons consino inorr. )& )& "eli%ery eli%ery at rig rig#t #t place 3t iis s the dut# of of common common carr carrie ierr to deliver deliver the oods oods to the pers person on speci pecif f ied ied $# the cons consin inor or..
Q#)8 /at is te i5erence between bill of laing an cartere party 4asis 1& 1& 9atu ture re
4ill of laing
Cartere party
a $ill of ladin ladin is is an evidence
0 cha charrter tered par part# is is a
of receipt of of oods oods on )& )& Tit Title
0 cha charrter tered par part iis s not a
document of of title title of of
document of of title title of of
tran ansf sf era$le $#
,& ,& Sets
8& 8& Pay Paym ment
:& :& St Sta amp mpiing
hi hirrin of of the the ship
0 $ill of of ladin ladin is is a
*& *& Tra Transf nsf erab erabilit ility 0 $ill of of ladin ladin is is
+& +& Purpose
contrract relatin to the cont
0 cha charrter tered par part# is is not tran ansf sf era$le
0 $ill of of ladin ladin is is al al' 'a# a#s s 0 cha charrter tered par part# ma# f or $e f or
0 $ill of of ladin ladin is is d drra'n in
par 0 cha charrter tered part# is is not dra'n in sets ets
5r 5riht iht is is ene enerrall#
5r 5reiht eiht is is paid af af ter ter
paid in advance
the saf e deliver deliver# of of
3t ma# ma# or or ma#
3t iis s al al' 'a# a#s s stamped
not $e stamped
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Q#): wat are te types of crossing of Ceque Types of crossing 5ollo ollo' 'in ar are the t#pes t#pes of of cr cross ssin in of of che*ue che*ue 1. )ene enerral cross ssin in 2. 1pecial cr cross ssin in 3. 0cc cco ount unts s pa#ee or or restrictive cross ssin in 4. Cot neotia$le cross ssin in
1& eneral crossing )ene enerrall# a che*ue can $e cr crossed ssed 'henJ i. 6here ar are t' t'o tr tran ans sve vers rse e par parallel lines lines/ mar marked acrross ac ss it its s f ace ace or or ii ii. 6he che*ue $ears an rs an a$$rreviation OGcoP $et' a$$ $et'een t' t'o lines lines or iii. 6he che*ue $ears the rs the 'ords Onot neotia$leP $et' $et'een t' t'o lines lines iv. 6he che*ue $ears the rs the 'ords O O0 07c/ pa#eeP $et' $et'een t' t'o par parallel lines lines o orr 0 c crross ssed ed che*ue can $e made $ear $earer che*ue $# cancellin the cr cross ssin in and 'r 'ritin itin that the cr crossin ssin is is cancelled and aff aff ixin ixin the f ull ull sinatu inaturre of of dra'er.
)& Special crossing When a par particula ticularr $ank $ankQs Qs name name is is 'r 'ritten itten in $et' $et'een the t' t'o par parallel lines line s the che*ue is is said to $e speciall# cr cross ssed. ed. $c& Payee Payee !nly lyRR/ R9ot 3n addition to the 'ord $ank/ the 'ords RA$c& 9ego egottia iab bleR leR ma# als also $e 'r 'ritten. itten. 6he pa#ment of of such che*ue is is not made unless unless the the $ank named in cr cross ssin in is is p prresentin the che*ue. 6he e ect ect of of sp special ecial cr cross ssin in is is that the $ank makes makes pa#ment onl# to the $anker 'ho $anker hos se name is is 'r 'ritten itten in th the cr cross ssin. in. 1peciall# cr cross ssed ed che*ues che*ues are saf er than ener enerall# cr crossed ssed che*ues che*ues.
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*& Account payee or restricti%e crossing 6his c 6his crross ssiin can $e made in $oth ener eneral and special cr cross ssin in $# addin the 'ords O O0 0ccount pa#eeP. 3n this this t#pe of of cr cross ssin in it $ecomes $ecomes the dut# of collectin collectin $ank to cr credit the amount of of che*ue che*ue to the account of of the the pa#ee named in the che*ue.
+& 9ot negotiable crossing 6he 'ord Onot neotia$le can $e added to the ener eneral as as 'ell as as special cross ssin. in. 3t can $e tr tran ansf sf erred rred $# pa#ee. 6he tr tran ansf sf eree 'ill et the same riht ihts s/ as as rea earrds pa#ment/ as as the tr tran ansf sf eror had. 6he o$=ect of not not neotia$le che*ue is is to pr provide pr protection to the holder holder or d drra'er o of f a a che*ue $ecaus $ecause even if if such che*ue oes oes to the 'r 'ron on hands hand s/ the tr true o' o'ne nerr 'ill not los lose his his claim.
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Q#); /#at is t# t#e e i5 eren erence betw twee een n c#equ que e bill ills s of e(c e(c# #ange an pro rom miss ssory ory note 4as 4a sis
4ills of 4ills e(c# e(c #an
,ills of of exchane exchane is is 1 "ef inition ion ,ills an ins instrument in 'ritin 'r itin 'hich contains contain s or orde derr of of pa#ment $# case of of $ill $ill of of ) par artties ies 3n cas exchane ther there ar are thr hree ee par partie ties s/ dra'er d drra'ee and 0cceptance $# * Acce ccept pta ance dra'ee is is necess nece ssa ar#.
Prom Pro miss ory note
-r -romi omiss sso or# note is is an ins instrument in 'hich de$tor de$tor promi omis ses to pa# a cerrtain amount to ce 3n cas case of of promi omiss sso or# note therre ar the are t' t'o parrtie pa ties s make makerr and 6herre is 6he is no need of of acceptance
C#e C# equ que e :he*ue is is an in ins strument 'hich is is used to 'ithd ithdrra' mone# fr from om $ank
+ ,ills of ,ills of exchane exchane -r -romi omiss sso or# note "isco count untiing can $e dis discounted cannot $e 6hrree r 6h race da#s da#s 6hree r 6hr race da#s da#s , race race ays are allo' allo'ed to make are allo allo' 'ed to make pa# pa #ment pa#ment 8 Area -romi -romiss sso or# note -r -romi omiss sso or# can $e inland or or note is is of 1tamp on -astin of of : st sta amp -astin of $ills $ill s of of exchane exchane is is 1tamp on
3n cas case of of che*ue che*ue therre are thr the three parrtie pa ties s depos deposito itorr/ $ank and pa#ee 3n cas case of of che*ue che*ue therre is the is no need of of acceptance/ as as it is is orde derr $# the :he*ue cannot $e 3n cas case of of che*ue che*ue no r race da#s da#s ar are allo' allo 'ed f or :he*ue is is d drra'n on onl# depos deposito itorHs rHs Co stamp is is re*ui e*uirred to pas paste
leall# re*ui e*uirred 3t iis s an unconditional orde derr f or makin case of of ,ills ,ills of of > lia liab bilit ility 3n cas exchane it is is the lia$ilit# of of dr dra'ee to make the pa#ment 1? 1? Cotin char chare es s a arre paid in cas case of of 9oting dis di shono honorr of of $ills $ills of of c#arge
on che*ue :he*ue is is an unconditional orde derr f or makin 3n cas case of of che*ue che*ue it is the lia$ilit# of of $ank to make pa#ment Cotin char chare es s ar are not paid in cas case of of di dis shono honorr o of f che*ue che*ue
; 9atu ture re
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promi omiss sso or# note 3t iis s an unconditional promi omis se f or 3n cas case of of promi omiss sso or# note it is the lia$ilit# of of dra'er to make Cotin char chare es s ar are not paid in cas case of of dis di shono honorr o of f
0 $ill $ills s of of exchane exchane can $e dr dra'n on simple or or p prrinted paperr pape
0 p prromi omiss sso or# note can $e dr dra'n on simple or or p prrinted paperr pape
0 che*ue is is al al' 'a# a#s s dra'n on pr printed paperr that is pape is provided $# the $ank
3n cas case of of promi omiss sso or# note the dr dra'ee and the pa#ee ma# $e
3n cas case of of che*ue che*ue the dr dra'er and the pa#ee ma# $e same pers pe rson on
3n cas case of of $ills $ills o of f exchane the dra'er i is s respon pons si$le to
3n cas case of of che*ue che*ue the $ank is is respon pons si$le to make pa#ment
3n cas case of of $ills $ills of of exchane the people sho ho's 's le less ss
3n cas case of of promi omiss sso or# note people sho ho's 's le less ss
3n cas case of of che*ue che*ue the people sho ho's 's mor ore e conf conf idence idence as as
conf idence conf idence as as comparred to the compa che ue -a#ment of of $ills $ills of exchane exchane cannot $e
conf idence conf idence as as comparred to the compa che ch e ue an and d$ $il illls o of f -a#ment of of promi omiss sso or# note cannot $e stopped
comparred to the compa $ills o $ills of f exchane exchane and romi omiss sso or -a#ment of of che*ue che*ue can $e stopped on the or orde ders rs o of f
-a#ment per period is is 'ritten 'r itten on the note
:he*ue can $e cas ca shed 'ithin the perriod of pe of six months month s fr from om the
,ills ,ill s of of exchane exchane is is
-r -romi omiss sso or# note is is
:he*ue is is mo morre
less less u us sed than che*ue and mor more used than the note
less less u us sed than the $ills $ill s o of f exchane exchane and che*ue
popular than the popular $ill and note
Dra a'er of of $ill $ill is is 1> "ra 1> raw wer Dr al' al'a# a#s s a selle ellerr
Dra'er o Dra of f the the note is is al al' 'a# a#s s $u#err $u#e
Dra'er o Dra of f the the che*ue is is al al' 'a# a#s s an account holder holder
Dra a'ee of of $ills $ills is is )? ra )? raw wee Dr al' al'a# a#s s a $u#er $u#er
Dra'ee of Dra of note note is is al' al'a# a#s s a selle ellerr
Dra'ee of Dra of che*ue is is
11 11 Print Pri nte e f orm orm
,ills of of exchane exchane 1) Cro 1) ross ssiing ,ills cannot $e cr cross ssed ed
1* Payee 1*
3n cas case of of $ills $ills of of exhnae the dra'er and the pa#ee ma# $e
case of of $ills $ills of of 1+ "ef ault 3n cas 1+ exchane the dra'ee is is respon pons si$le to 1, Trust 1,
18 18 Sto St op pay aym me
1: Perio 1: Perio -eriod f or makin pa#ment of of $ills $ills of of exchane is is 'r 'ritten itten on it 1; 3s 1; 3se e
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Q#)> /at are te requirements for te registration of trae union Trae union 3t iis s a continuous continuous a ass ssociation ociation of of 'ae ear earne ners rs f or the pur purpo pos se of of maintainin or or imp imprrovin the 'ork conditions conditions o of f their their emplo#ment.
or t#e registration of trae union <equirement f or 1& 1& App Applica licattion ion 5or the pur purpo pos se of of rei eis stration of of tr trade union it is is re*ui e*uirred to su$mit the application f or rei eis stration. 1uch application mus must $e sined $# the sec ecrreta etarr# and pr president of of union. union. 6he application mus must contain the f ollo' ollo'in inf inf ormationK 6he name/ occupation and add address ss o of f the the mem$ers mem$ers makin makin application 6he name of of tr trade union and the addr address ss o of f its its head off off ice ice )& )& Const nstiitut tutio ion n :onstitution of :ons of the the tr trade union contains contains in inf f ormation a$out the f ollo' ollo'in matters matte rs i&
9ame ' a re ress ss
6he name and complete complete add addrress ss o of f head head o o ice ice of of tr trade union ii&
!b.ec b.ectt
6he o$=ect f or 'hich the tr trade union is is f ormed iii&
3se 3s e of funs
0ll pur purpo pos ses f or 'hich the f unds unds of of tr trade union 'ill $e us used af af ter ter it its s rei eis stration i%&
E(ecut uti%e i%e memb mber ers s
6he num$er num$er of of pers person ons s 'ho 'ill f orm the executive $od# of of tr trade union mus mu st als also $e 'r 'ritten itten in cons constitution %&
4enef its ts to memb mber ers s
0ll thos those conditions conditions acco accorrdin to 'hich a mem$er mem$er is entitled to $enef $enef it it must als mus also $e 'r 'ritten itten in cons constitution
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%i&
-ines to memb mber ers s
0ll thos those conditions conditions unde underr 'hich a mem$er mem$er 'ill $e f ined ined and his his mem$ers mem$e rship hip 'ill $e cancelled mus must $e 'r 'ritten itten in cons constitution. %ii&
List st of memb mber ers s
i is st of of mem$ers mem$ers o of f tr trade union mus must $e pr provided 'ith the application. %iii& Saf ety of funs 0 con cons stitution should pr provide the ur urantee f or the saf e cus custod# of of f unds unds. i(&
Auiit Au
6he cons constitution should pr provide the manners manners o of f audit audit of of accounts accounts (&
"iss ssol olut utio ion n
:i :irrcum cums stance under under 'hich the tr trade union 'ill $e diss dissolved olved mus must $e 'r 'ritten itten in cons con stitution titution.. (i&
Altera erattio ion n
6he pr proced ocedur ure e $# 'hich the alter alteration in cons constitution is is made mus must $e iven. (ii&
=eetings
6he pr proced ocedur ure es of of meetins meetins of of the the executive $od# and ener eneral $od# mus must $e iven in cons constitution. (iii& (ii i& Pr Proc oce eu ure re of no co conf nf ience 6he pr proced ocedur ure e of of expr express ssin in no conf conf idence in an# off off icer icer mu mus st $e iven in cons con stitution. *& *& Issu Issua ance ce of cer certtif icat icate 3f the the rei eis strar is is sati atisf sf ied ied 'ith the infor information mation pr provided $# the tr trade union/ he iss issue ues s a cer certi tif f icate icate of rei eis stration 'ithin 15 da#s da#s. Co' the trade union is is rei eis ster tered.
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Q# )> @b6 /at are te circumstances uner wic te registration of trae union is cancelle 1& Act against orinance 3f the the tr trade union does does an# act aains aainst the or ordinance/ the la$or la$or courrt ma# cancel the rei cou eis stration of of tr trade union.
)& Act against constitution 3f the the tr trade union does does an# act 'hich aains aainst its its o o' 'n cons constitution/ the la$our la$our cou courrt can cancel the rei eis stration of of tr trade union. *& *& "isqu squali alif f icat ication ion of an o5 icer icer 6he rei eis stration ma# als also $e cancelled if if the the tr trade union has has appointed an off off icer icer 'ho is is di dis s*uali *ualif f ied ied to $e an off off icer icer $# the cour court. +& +& Cancella cellattio ion n by regi regist strar rar 6he eis eistrar cancel cancels s the rei eis stration of of tr trade union if if it it has has $een diss dissolved olved it its sel elf f .
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Q#*? /at are te powers an functions of national inustrial relation commission /at are te powers an functions of registrar 1& 1& <egi egist stra rattio ion n of tra ra e un unio ion n 6he main f unction unction of of trade union is is to rei eis ster ter trade union and to iss issue ue the cer certif tif icate icate of of rei eis stration. )& )& App Appoi ointm ntme ent nt of collec collectti%e i%e bargai argain ning age agent nt 6he rei eis strar can appoint an# off off icer icer as collective $ar $arainin aent. ;e hims himsel elf f decides decides 'hich tr trade union is is entitled to $e as as collective $arrainin aent. $a *& *& Insp Inspec ecttion ion of acco accounts unts 6he rei eis strar ha has s the po' po'ers to rs to ins inspect the $ooks $ooks o of f accounts accounts o of f tr trade union at an# time. ;e can author authoriFe his his su$o u$orrdinate dinates s to do this this 'ork. +& +& Comp mplai laints nts to t# t#e e lab labor or co cou urt eistrar can su$mit complaints eis complaints to the la$or la$or cou courrt f or the cancellation of of rei eis stration. if if the the tr trade union does does an# act aains aainst the or ordinance and cons con stitution. ,& ,& Cancella cellattion ion of regi regist stra rattion ion :ommission :ommiss ion has has po po' 'ers rs to cancel the rei eis stration of of trade union if if the tr trade union is is di diss ssolved olved its itself elf . 8& 8& "eali ealin ng wit# t# t# t#e e unf air air prac racttice ices s 6he commi commiss ssion ion has has po po' 'ers rs to take action aains aainst the unf unf air air practice actices s of la$our la$our. ;e can pr proceed dir directl# 'ith the cas case and ma# ref er to the courrt. cou :& :& Po Pow wer er to pun puniis# 6he commi commiss ssion ion has has the po' po'ers rs to punis punish an# pe pers rson on 'ho have not o$e#ed the or orde ders rs of commiss commissio ion n or or he is is oin aains aainst the or orde ders rs o orr di dirrection ections s o of f tr trade union. ;& ;& Pro Prom motio ion n of tra ra e un unio ions ns 0nothe notherr ma=or ma=or f unction unction of of the commiss commission ion is is to promote the f ormation