Explain the type of contracts in the following agreements under the Indian Contract Act, 1872: (i) Rahul contracts with Bhanu (owner of the factory)…

CA Foundation · Business Laws · RTP · September 2024
Explain the type of contracts in the following agreements under the Indian Contract Act, 1872: (i) Rahul contracts with Bhanu (owner of the factory) for the supply of10tons of sugar, but before the supply is effected, the factory catches fire and everything is destroyed. (ii) A coolie in uniform picks up the luggage of Rohan to be carried out of the railway station without being asked by Rohan and Rohan allows him to do so. (iii) Obligation of finder of lost goods to return them to the true owner.

Suggested Answer and Working Notes:

(i) It is a void contract. Void Contract: Section 2 (j) of the Indian Contract Act,1872 states as follows: “A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable”. Thus, a void contract is one which cannot be enforced by a court of law. (ii) It is an implied contract and Rohan must pay for the services of the coolie. Implied Contracts: Implied contracts come into existence by implication. Most often the implication is by law and or by action. Section 9 of the Indian Contract Act,1872 contemplates such implied contracts when it lays down that in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied. (iii) Obligation of finder of lost goods to return them to the true owner cannot be said to arise out of a contract even in its remotest sense, as there is neither offer and acceptance nor consent. These are said to be quasi-contracts. Quasi-Contract: A quasi-contract is not an actual contract, but it resembles a contract. It is created by law under certain circumstances. The law creates and enforces legal rights and obligations when no real contract exists. Such obligations are known as quasi-contracts. In other words, it is a contract in which there is no intention on the part of either party to make a contract, but law imposes a contract upon the parties.

Topics: The Indian Contract Act, 1872

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