Commentry on Law

Negotiable Instrument A negotiable instrument means a promissory note, bill of exchange or cheque payable either to order or bearer. Characteristics of Negotiable Instrument Easy transferability Rights of the holder Better title to transferee Unconditional promise or order Certain amount Presumptions Examples of Negotiable Instruments Bill of exchange, promissory notes, cheques, Dividend warrants, share warrants, […]

Free consent Two or more persons are said to consent when they agree upon the same thing in the same sense. Consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake. Coercion Coercion is the committing or threatening to commit any act forbidden by the PPC, […]

Contract of Bailment A bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. – Section 148 Parties to the contract of Bailment Bailer: person […]

Discharge of Contract When the rights and obligations arising out of a contract some to an end the contract is said to be discharged or terminated. A contract may be discharged in any of the following ways; Discharge by performance Actual performance Offer of performance or tender (when one of the parties to the contract […]

Contract of Pledge or Pawn The bailment of goods as security for payment of a debt or performance of a promise is called pledge. The bailor in this case is called the pledger or pawnor. The bailee is called the pledgee or pawnee. Essentials of pledge Moveable property Limited interest Transfer of possession No transfer […]

Contingent Contracts A contingent contract is a contract to do or not to do something, if some event, collateral to such contract does or does not happen. – section 31 Examples of contingent contracts are contracts of insurance and contracts of indemnity and guarantee. Essentials of Contingent Contract Performance is depend upon happening or non-happening […]

Contact of Indemnity A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or by the conduct of any other person is called a contract of indemnity. – Section 124 A contract of indemnity is made in order to protect the promise […]

Offer When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal. – Section 2(a) Contract Act Parties Offeror: Person making an offer Offeree: Person to whom the […]

Contract An Agreement enforceable by law is a contract – 2 (h) Contract Act A contract is an agreement creating and defining obligations between the parties – Salmon Two Major Components of Contract An Agreement Enforceable by law What is Agreement? Every promise and every set of promises forming the consideration for each other is […]