Lawful Consideration

Hello my reader friends. This is one more blog in the series of Law of Contract. This blog is discussing about " Lawful Consideration". Please read this blog till the end and share it with all law students. These are the notes for preparing exams of Law degree. 

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Lawful Consideration: -

Definition & Meaning: -

Quid Pro Quo means ‘something in return’ which means that the parties must accrue in the form of some profit, rights, interest, etc. or seem to have some form of valuable “consideration”.

As per Section 2(d) of Indian Contract Act, 1872, “When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise”

Section 25 of the Act declares that an agreement without the consideration is void.

Consideration has been defined as the price paid by one party for the promise of the other. Consideration is “something in return.” It may be some benefit to the party. An agreement is enforceable only when both the parties get something and give something. The something given or obtained is the price of the promise and is called consideration. Consideration in a contract would mean the other person would be giving back something in return. It would be consider as an exchange which would be made between the promisee and promissor.

The agreement to be enforceable by Law must be supported by consideration. An Agreement to do something for others, for nothing, is usually not enforceable. A bare promise without intention to affect legal relations between the parties is of no legal consequence (ex nudo pacto non obitr actio.) Consideration is taken to be the necessary evidence required by law of the intention of the parties to affect their legal position.

Consideration need not be in cash or in kind. A contract without consideration is a ‘wagering contract’ or ‘betting’. Besides, the consideration must also be lawful.

Case Law: -

1. In Currie v. Misa, Justice Lush defined consideration “A valuable Consideration in the sense of law may consist either in some Rights, Interest, Profit or Benefit accruing to one party or some forbearance detriment, loss or responsibility given, suffered or undertaken by the other’.

Example:

1. A agrees to sell his house to B for Rs.10 Lac is the consideration for A’s promise to sell the house, and A’s promise to sell the house is the consideration for B’s promise to pay Rs.10 Lac. These are lawful considerations.

2. A promise to obtain for B employment in the public service, and B promise to pay 10,000 rupees to A. the agreement is void, as the consideration for it is unlawful.

3. For example, if you decide to sell your watch for Rs. 500 to your friend, then your promise to give the rights to the watch to your friend is a consideration for your friend. Also, your friend’s promise to pay Rs. 500 is a consideration for you.

4. A customer C in Pizza Hut orders food which costs Rs. 300. By ordering the food the C is agreeing to pay Rs. 300 as consideration.

Here we are discussing about one of the essentials of a valid contract, listed as follows. All essential features of a valid contract are as follows.

1) Two parties

2) offer and acceptance.

3) Intention to create legal relations

4) Lawful consideration

5) Capacity of parties

6) Free & Genuine consent

7) Lawful objects

8) Writing & registration - legal formalities

9) Certainty

10) Possibility of performance

11) Not expressly declared void.

Thanks for reading till the end. The underlined part in this article is the most important part of this subject and you must write atleast this part in the exam. Also relevant case laws will give you more advantage and an example is must in answer. Please share this blog with all the law students.

Intention to create legal relations

Hello my reader friends. This is one more blog in the series of Law of Contract. This blog is discussing about "Intention to create legal relations". Please read this blog till the end and share it with all law students. These are the notes for preparing exams of Law degree. 



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Legal Relationship

Agreements of a social or domestic or political nature do not create legal relations and as such cannot give rise to a contract. What this means is those agreements that are not enforceable by the law e.g. social or domestic agreements between relatives or neighbours are not enforceable in a court of law and thus any such agreement can’t become a valid contract.

The parties to an agreement must create legal relationship. It is presumed in commercial agreements that parties intend to create legal relations. It arises when the parties know that if any one of them fails to fulfil his part of the promise, he would be liable for the failure of the contract. This element would have an agreement which is not a contract in the strict sense unless it is the common intention of the parties that it should be legally enforceable. If there is no intention to create legal relations in a contract, the contract could be subject to a lawsuit.

Case Laws: -

Balfour v. Balfour– A husband promised to pay his wife a household allowance of 30 pounds every month. Later, the parties separated and the husband failed to pay. The wife used for allowance. Held that the wife was not entitled for the allowance as the agreement was social and did not create any legal obligations. Thus if an agreement is domestic in nature then that agreement is not enforceable by law. 

Jones v. Padvattan– In this case, it was held that domestic agreements are presumed not to be legally binding unless there is a clear intention.

Example: -

1. A father promises to pay his son Rs.500 every month as pocket money. Later, he refuses to pay. The son cannot recover as it is a domestic agreement and does not create legal relations. When there is a contract or an agreement made between the parent and the children. If the parent passes away, the children would have whatever property or possession which is left by the parent. This kind of agreement can not be treated as contract because there is no intention to form a legal relation between the parties and it is kind of domestic agreement.

2. A offers to sell his watch to B for Rs.200 and B agrees to buy it at the same price, there is a contract as it creates legal-relationship between them.

Here we are discussing about one of the essentials of a valid contract, listed as follows. All essential features of a valid contract are as follows.

1) Two parties

2) offer and acceptance.

3) Intention to create legal relations

4) Lawful consideration

5) Capacity of parties

6) Free & Genuine consent

7) Lawful objects

8) Writing & registration - legal formalities

9) Certainty

10) Possibility of performance

11) Not expressly declared void.

Thanks for reading till the end. The underlined part in this article is the most important part of this subject and you must write atleast this part in the exam. Also relevant case laws will give you more advantage and an example is must in answer. Please share this blog with all the law students.

Law of Contract: General Introduction

Hello my reader friends. In this blog I am sharing the General Introduction about the Law of Contact. Also I have listed the essentials of a valid contract which are discussed in detail in the individual blogs which you can find  by clicking on the respective characteristic name. Also the legal maxims related to this article are discussed in detail in another blogs which you can find by clicking on that legal maxim.

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Promise & Agreement:

A promise is a proposal when accepted. Means a proposal when accepted becomes a promise. Or an offer when accepted becomes a promise.

Promise = offer + acceptance.

But such offer if has consideration for each parties then it will become an agreement. Agreement is defined as every promise or every set of promises, forming consideration for each other.

Agreement = promise + consideration for all parties.

Contract

A contract starts with an agreement. All contracts are agreements but all agreements are not contacts. There should be a legal obligation in an agreement to become a contract. 

A contract is the foundation of a civilised world. The law relating to contracts in India is contained in Indian Contract Act, 1872. A Contract is simply an agreement between two or more persons to do something. Each contract creates a binding duty on the contracting parties. The Indian Contract Act deals with the enforcement of these rights and duties upon the parties in India.

e.g. A social agreement such as going to movie together or a visit to a pick-nick spot are not contracts as they do not contain any legal obligations on the parties. 

Meaning

In short a contract is an agreement between two or more parties which the law will enforce. A Contract is a legally binding agreement that exists between two or more parties to do or abstain from doing something. Contract is an official agreement. It could be written or even be in oral. Contracts can be written by using formal or informal terms, or entirely verbal or spoken. It is a promise made between two or more parties that which allow the courts to make judgement. If one of the parties refuses to perform the contract, the other party can take an action in a court of law against such party.

Definition

According to Section 2(h) of the Indian Contract Act, 1872, " An agreement enforced by law is a contract."

Salmond defined as, "a contract is an agreement creating and defining obligations between the parties."

Pollock- “Every agreement and promise enforceable by law is a contract”.

Anson- “The law of contract is that branch of law which determine the circumstances in which a promise shall be legally binding on the person making it’.

Mathematical equation of a contract:

Contract = Agreement + Enforceability at law.

Illustration- 

1) There is an agreement between A and B that  A will construct a house for B, and B will pay Rs. 10 lakhs to A.The agreement between A and B is a contract because it is enforceable by law.

Essential elements of a valid contract:

Section 10 of the Indian Contract Act 1872 describes a valid contract which reads as under:- 

10. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.

Nothing herein contained shall effect any law in force in India and not hereby expressly repealed by which any contract is required to be made in writing or in the presence of witnesses, or any law relating to the registration of documents.

An agreement becomes enforceable by law when it fulfills essential conditions. These conditions may be called the essentials of a valid contract. Thus in order to become a contract, an agreement must have following essential elements:- 

1) Two parties

2) offer and acceptance.

3) Intention to create legal relations

4) Lawful consideration

5) Capacity of parties

6) Free & Genuine consent

7) Lawful objects

8) Writing & registration - legal formalities

9) Certainty

10) Possibility of performance

11) Not expressly declared void.

Consensus Ad Idem:

Consensus Ad Idem is a Latin phrase which broadly can be used as, "unless there is consensus ad item, there can be no contract. Thus the parties to the agreement must have agreed about the subject matter of the agreement in the same sense and at the same time.

Thanks for reading till the end. Please share this blog and subscribe it for e-mail notifications. 

Advantages of digital marketing

Internet technology had connected producers, seller and customer in a line. Nowadays business is connected with this internet. This new business model has given traditional method of Commerce and industry a facelift that is surely going to stay for long. Perhaps the most visible change can be seen in the retail sector. Although the digital marketing is unlikely to totally replace the traditional retailing every business worth it's salt ranging from the small corner stores to use multinational cannot ignore the opportunity offered by digital marketing. Here in this article you are going to know some advantages of digital marketing.


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New business opportunities
The traditional business practices need the customer to make a personal appearance for closing a deal. For this it is essential to set up a brick and mortar store and incur huge business expenses. The Entrepreneur who sets up a shop through the internet is not likely to meet the customer face to face or talk to them. Yet the customer who lives anywhere in the world can visit the online store at anytime day or night and can expect to satisfy his individual needs marketing through the net gives the customer just what they want and when they want. Digital marketing actually offers a whole new shopping experience to those who treat shopping as an unpleasant chore by adding new customers who otherwise would have remained untapped offers a whole new opportunity to the entrepreneur which no business can afford to ignore.

Speeding business faster 
Digital marketing is the quickest method to make customer aware about your products and services. It gives the entrepreneur the power to educate and inform to the customers in the new age where customers are no longer ignorant and are hungry for maximum information there is no other medium better than the internet to satisfy customers curiousity. This could also from the base of a strong brand building for your product or service.

The 24 x 7 shopping experience
In this modern fast placed world where a customer has everything but time, the brick and mortar store had a tough time attracting customer. But when the website is up and running there can be 24 x 7 sale, with the entrepreneur not required to incur the additional staffing expenses for keeping the store open for long time for the customers. Shopping anytime, anyplace, in any extreme  conditions and wish for privacy while shopping sets up the stage for Digital Marketing.

Lowers the cost of doing business 
If properly utilise digital marketing can be actually lower companies cost of generating sales lead provide customer support and distributing marketing material it is one of the most efficient way of reaching both new and old customers

Tapping the Global market 
Digital marketing is the best way for any business to sell their products to thousands of potential customers worldwide. Any attempt to do so through traditional method will prove to be Complex and very expensive proposition especially for small business houses. But through digital marketing even small business can sell their product efficiently, anywhere, anytime.

Faster growth prospects
Digital marketing helps accelerating growth specially for small business. by catering to the existing customer more efficiently and adding new customer the business can expect sizable growth very quickly.

Tracking marketing activities
Internet allows the business to track any kind of activity on their website with the click of a mouse an entrepreneur can just the value the sites are generating for the company. It helps the business generate MIS which help them to analyse their profit growth percentage the largest customer product demand competition and get customer feedback for satisfaction whether a bad product needs to be taken off the web and consumer spending spending pattern.

Opportunity to increase revenue
For many small business starting a website is equivalent to opening a new sales channel. Business that gets into digital marketing can very soon see that their efforts fetch them additional revenue from the new customers.

These are some advantages of digital marketing which I came across while I was doing some digital marketing of some kind of books. If you are having your business at a digital marketing ite then you can also share your experiences in the comment box. Your comments will be helpful for the readers. Thanks for reading till the end.

बेपनाह

निगाह-ए-इश्क़ का अजीब ही शौक देखा.

तुम ही को देखा और बेपनाह देखा

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दिल की धड़कन.. साँसों की रवानी..

बस एक ही बात कहे..

तुमसे इश्क़ है.. बेपनाह है.. बेशुमार हैं..

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कुछ पाबंदी भी लाज़मी है दिल्लगी के लिए साहब

किसी से इश्क़ अगर हो तो बेपनाह ना हो

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कौन चाहे मुझे बेपनाह

हर कोई मशगूल है यहाँ.!

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बस रिश्ता ही तो टूटा है ,

मोहब्बत तो आज भी हमें उनसे बेपनाह है.

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तकदीर को कुछ इस तरह से अपनाया है मैंने,

जो नहीं था तकदीर में उसे भी बेपनाह चाहा है मैने

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बदलते नहीं जज़्बात मेरे रोजाना तारीखों की तरह

बेपनाह इश्क़ करने की ख्वाहिश मेरी आज भी है

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खूबसूरती की इंतहा बेपनाह देखी

जब मेने मुस्कुराती हुई माँ देखी

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सुनों इतनी बेरुखी ना दिखाया करो....

तुम्हारी ये अदा तोड़ देती है मुझे बेपनाह मोहब्बत है हमे तुमसे....

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रूबरू तो देखा नही तुम्हे,

बस महसूस किया है,

इन्ही खूबसूरत ख्यालो से,

बेपनाह मोहब्बत है हमे।।

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शान से हम तेरे दिल मे रहेगे

तेरी मोहब्बत पे जान निसार करेगे

देख के जलेगी हमें दुनिया सारी

इस कदर बेपनाह तुझे प्यार करेगे

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बेपनाह मोहब्बत का एक ही उसूल है

मिले या ना मिले तू हर हाल में कबूल है

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फना हो कर ‪मोहब्बत करूँ या बेपनाह मोहब्बत करूँ,

बता तुझे कैसी मोहब्बत पसन्द है, तुझे वैसे मोहब्बत करूँ

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जब रूह में उतर जाता है बेपनाह इश्क का समंदर,

लोग जिंदा तो होते है मगर किसी और के अंदर

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मुझे बेपनाह मोहब्बत के सिवा कुछ नहीं आता,

चाहो तो मेरी साँसो की तलाशी ले लो

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जब रूह में उतरता है..बेपनाह चाहत का समंदर,

लोग जिंदा तो होते हैं-मगर..किसी और के अंदर!

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बांध दे कोई धागा नज़र-ए-उल्फत

बेपनाह इश्क़.. अब रूह में समाने लगा है

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जब किसी क सपने किसी के अरमान बन जाए,

जब किसी की हँसी किसी की मुस्कान बन जाए,

बेपनाह प्यार कहते है उसे

जब किसी की सांस किसी की जान बन जाए..

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क्या मिला है हमें इस बेपनाह मुहब्बत से

एक तो सजा रातों में जागने की

और दूसरा हुनर शायरी का

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नसीब नसीब की बात होती है ,

कोई नफरत देकर भी

बेपनाह प्यार और साथ पाता है ,

और कोई बेपनाह प्यार देकर भी,

यहाँ बस खाली हाथ रह जाता है!.

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तुम सोचो और ख़्याल पूरा हम करेंगे

मोहब्बत में दो रंग और  ज्यादा ज्यादा भरेंगे

तुझे अपनी जिंदगी माना है ऐ सनम 

आखरी सांस तक मोहब्बत बेपनाह करेंगे

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रूबरू तो देखा नही तुम्हे, बस महसूस किया है,

इन्ही खूबसूरत ख्यालो से, बेपनाह मोहब्बत है हमे।।

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सादगी अगर हो लफ्जो मे यकीन मानो

प्यार बेपनाह और दोस्त बेमिसाल मिल ही जाते हैं

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चल एक ख़ूबसूरत गुनाह कर लें,

साथ दो पल का सही, इश्क़ बेपनाह कर लें

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बस  एक  ही  गुस्ताखी  हुई  है  हमसे

बेपनाह  मोहब्बत  हुई  है  तुमसे

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जलवा तो बेपनाह था इस कायनात में

ये और बात है के नज़र तुम पे रुक गयी

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इश्क़ है एहसास बेपनाह खुशी का ,

शर्त ये है क़ि कोई ख़्वाहिश न रखो

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इक मेहबूब लापरवाह इक मोहब्बत बेपनाह ,

दोनो काफी हे सूकून बरबाद करने को!!

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आओ फिर से दोहराएं अपनी कहानी,

मैं तुम्हे बेपनाह चाहूँगा और तुम मुझे बेवज़ह छोड़ जाना...!!!"

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है मेरा महबूब  बेपरवाह  पर क्या करें.

उसी से है मोहब्बत  बेपनाह  तो क्या करें

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बदलेंगें नहीं जज़्बात मेरे 'फ़रवरी' की तारीख़ों की तरह ,

बेपनाह 'इश्क़' करने की ख़्वाहिश उम्र भर रहेगी

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फना हो कर मोहब्बत करूँ,

या बेपनाह मोहब्बत करू,

बता तुझे कैसी मोहब्बत पसन्द है,

तुझे वैसे मोहब्बत करूँ।

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तकिये के नीचे दबा के रखे है तुम्हारे ख़याल,

एक तस्वीर, बेपनाह इश्क और बहुत सारे साल.

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पहले इश्क़ को आग होने दीजिए,

फिर  दिल को राख होने दीजिए!

तब जाकर पकेगी बेपनाह मोहब्बत,

जो भी हो रहा बेहिसाब होने दीजिए!

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